Terms of Use
CastHR Limited and its affiliates (collectively, “CastHR”, “Company”, “we” or “us”) welcome you (the “User” or “you”) to our website at https://casthr.co/ and any additional website, webpages (such as landing pages of ads) and/or mobile applications owned and/or operated by CastHR (collectively, the “Site”), any free or trial version or demo, or use by paying customer’s (“Customer”) end users to our web-based and mobile platform, and our web-based training to assist in teaching you how best to use our products and services (collectively, the “Services”). Users may use the Site and the Services solely in accordance with the terms and conditions hereunder (“Terms of Use”), unless CastHR or its representatives execute a separate agreement with the User that explicitly states it governs the use of the Services.
Please read these Terms of Use carefully before you start using the Site and/or Services. Unless otherwise agreed by CastHR in writing, by entering, connecting to, accessing or using the Site and/or the Services you acknowledge that you have read and understood the following terms and conditions, including the terms of our “Privacy Policy” available at https://www.casthr.co/legal/privacy/ collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and Services. Furthermore, you acknowledge and agree that these Terms constitute a binding and enforceable legal contract between you and CastHR.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SITE AND/OR SERVICES.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT CONNECT, ACCESS OR USE THE SITE OR THE SERVICES IN ANY MANNER. ANY SOFTWARE PROVIDED IN CONNECTION WITH THE SERVICES, IS BEING LICENSED AND NOT SOLD TO YOU.
By accepting these Terms you represent and warrant that any and all information you provide us through the Site and/or the Services is true, accurate and complete. The provision of false or fraudulent information is strictly prohibited.
PLEASE NOTE: CASTHR IS NOT A LICENSED FINANCIAL PLANNER, RETIREMENT PLAN FIDUCIARY, REGISTERED REPRESENTATIVE, BROKER, DEALER OR TAX ADVISOR, NOR DOES IT REPRESENT ITSELF AS SUCH. THE SERVICE DOES NOT PROVIDE LEGAL, TAX OR FINANCIAL ADVICE AND SHOULD NOT BE USED AS YOUR SOURCE FOR MAKING ANY SUCH DECISIONS. WE STRONGLY RECOMMEND MAKING ALL YOUR FINANCIAL DECISIONS ON THE BASIS OF PROFESSIONAL AND AUTHORIZED ADVICE.
1. Site and Services
These Terms govern access and use of the following:
Use of CastHR. Use by the end Users of a paying Customer of CastHR’s cloud-based SaaS people management platform, including any mobile app (“App”) powered by CastHR (collectively the “Platform” or “CastHR”).
CastHR Demo. Upon User’s request, a CastHR representative shall provide a free demo of the Platform to demonstrate the Platform’s features and functionality and discuss the potential needs of the User. User may discuss with a CastHR representative User’s ability to access the Free Edition.
CastHR Free Edition. The CastHR free edition offers Users a free, limited version of the Platform (“Free Edition”) (the “Platform” or “CastHR”). The CastHR Free Edition enables Users to get a feel for the Platform for a limited period. The Free Edition may offer limited features and functionality.
Site. Our Site offers basic information on our company, our technology and the various products and features we offer. You can also read our blog, contact CastHR through the Site or a landing page of an ad, and access certain Services.
2. Account and Passwords
The creation of a User account is required in order to enjoy the Services (collectively, an “Account”). In order to access and use the Free Edition you must sign-up by providing the following information: name, company email, phone number, and name of company. You acknowledge and agree that by creating an Account via third party social networks such as Google, you grant CastHR access to your public profile on such services.
You must also create a password to access your Account. You are responsible for maintaining the confidentiality of your Account and password and you must not disclose this information to any other person or entity. You also acknowledge that your Account and password is personal to you and agree not to provide any other person with access to the Site and/or Services using your Account or password. You agree to notify us immediately of any unauthorized access to or use of your Account or password or any other breach of security at [email protected]. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
All information you provide for registration will be stored and used in accordance with our Privacy Policy available at: https://casthr.co/legal/privacy/.
3. Eligibility
You must be at least sixteen (16) years of age to use the Site and Services. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least sixteen (16) years of age; and (ii) if the User of the Services is under the age of sixteen (16) or is under the age of legal eligibility and capacity in the jurisdiction applicable to such User you hereby confirm that you are the legal guardian of the User and both you and the User have read and agreed to these Terms and approved of the User’s continued use of the Services subject to these Terms; (iii) that you have not previously been suspended or removed from the Services; and (iii) that your use of the Services is in compliance with any and all applicable laws and regulations.
4. User Representations and Undertakings
You represent and warrant at all times throughout your use of the Site and/or Services that: (i) you have full authority to agree to these Terms, and there is no restriction, limitation, contractual obligation or statutory obligation which prevents you from fulfilling your obligations under these Terms; (ii) you are and will continue to be in compliance with all applicable laws, rules, and governmental (state, local, and community) and regulatory levies and requirements relating to your use of the Site and/or the Services; (iii) your use of the Site and/or Services has not been previously blocked, suspended or terminated; (iv) you do not authorize a third party to do any of the foregoing; and (v) you will not infringe or violate any of these Terms.
YOU AGREE THAT CASTHR’S SERVICE PROVIDERS ARE A THIRD-PARTY BENEFICIARY OF THE ABOVE PROVISIONS, WITH ALL RIGHTS TO ENFORCE SUCH PROVISIONS AS IF SERVICE PROVIDER WERE A PARTY TO THIS AGREEMENT.
5. Rights to Access and Use; License
Except as otherwise specified herein, CastHR is granting you with a limited personal, non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable (at CastHR’s discretion) right to access and use the Site and the Services subject to these Terms and in connection with websites, applications, or other web-based services that you own, license, or have a right to use.
For use of the CastHR Free Edition, CastHR is granting you a limited personal, non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable (at CastHR’s discretion) license to access and use any applicable software components included with the CastHR Free Edition.
These Terms do not entitle you to any right or title in the Site and/or the Services (or any part thereof), other than the rights explicitly granted herein.
6. Use Restrictions
Certain conduct is strictly prohibited on and/or with respect to the Site and/or Services. Your failure to comply with the provisions set forth below may result, in the termination or suspension of your access to the Site and/or Services, which is in CastHR’s sole and absolute discretion, and may also expose you to civil and/or criminal liability.
Other than the rights expressly specified in the Terms, no other right or interest whatsoever is granted to you in connection with the Site and/or Services. Without limiting the foregoing, You agree not to, whether by yourself or anyone on your behalf:
- Rent, lease, lend, sell, sublicense, assign, distribute, or transfer in whole or in part the right to use the Site and/or Services or any part thereof
- Bypass or breach any security device or protection used by the Site and/or Services
- Input, upload, transmit, or otherwise provide to or through the Site and/or Services any information or materials that are unlawful or injurious, or that contain, transmit, or activate any harmful code
- Use the Site and/or Services in any illegal manner or in any way that infringes the right of any third party
- Modify, adapt, edit, alter, abridge, translate, or otherwise change in any manner the content of the Site and/or Services, nor create derivative works from the Site and/or Services
- Systematically collect any data from the Site and/or Services (by scraping or otherwise) unless allowed in the Site and/or Services or by CastHR in writing
- Attempt to discover or gain access to the source code for the software underlying the Site and/or Services or reverse engineer, decode, modify, decrypt, extract, disassemble or decompile such software
- Employ any hardware, software, device or technique to pool connections or reduce the number of devices or users that directly access or use the Site and/or Services in order to circumvent any restrictions on scope of authorized use
- Obscure, amend or remove any copyright notice, trademark or other proprietary marking on, or visible during the operation or use of, the Site and/or Services or underlying software
- Attempt to gain unauthorized access to or interfere with the proper working of the Site and/or Services or the underlying software
- Provide false identity information to gain access to or use the Site and/or Services
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site and/or Services
- Use the Site and/or Services to upload, store, post, transmit, distribute, link to or otherwise make available any Prohibited Content, impersonate any person, engage in fraudulent activity, “stalk” or harass others, transmit spam or viruses, or otherwise engage in any unlawful activity
Any unauthorized reproduction, publication, further distribution or public exhibition of the CastHR content, in whole or in part, is strictly prohibited.
7. User Content; Use of Services
Please ensure that when you use the Site and/or Services, you respect the rights of others including any intellectual property, other proprietary rights and privacy rights of third parties who may have an interest or right in connection with the content you upload and/or provide to CastHR, the Site and/or Services (the “User Content”), which shall include Personal Information and Non-Personal Information (as defined in the Privacy Policy). CastHR will not bear any liability for any loss, damage, cost, or expense that you may suffer or incur as a result of or in connection with uploading any User Content and CastHR is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User of the Site and/or Services.
You understand and agree that you are solely responsible for your User Content and the consequences of posting or publishing such User Content, on the Site and/or Services, in any way. You hereby warrant that your User Content is true, current, accurate and complete.
You represent and warrant that you are the rightful owner of the User Content you upload to the Site and/or Services or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Content.
IT IS THE USER’S SOLE RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER CONTENT AND TO ADHERE TO ANY APPLICABLE STATE AND FEDERAL LAWS REGARDING SUCH INFORMATION.
Without derogating from the above, you expressly agree that the User Content that you post or upload will not include:
- Any spam, unsolicited promotions, advertising, contests or raffles
- Content which is unlawful, defamatory, libelous, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening or vulgar
- Content that unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class
- Content that encourages criminal behavior or conduct that would constitute a criminal offense under any law
- Content that might reasonably pose a risk to a person’s safety, security or health
CastHR is under no obligation to edit or control User Content that you or other Users post or publish, and will not be in any way responsible or liable for User Content. CastHR explicitly reserves the right, at its sole discretion, to remove, edit, or block without giving any prior notice, any User Content available on the Site at any time and for any reason.
Any User Content you post to the Site will be considered non-confidential and non-proprietary. When you upload, post, publish or make available any User Content on the Site and/or Services, you grant to CastHR a non-exclusive, royalty-free license, to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purposes of providing you with the Site and/or Services and to enforce any agreement you may have with CastHR.
8. Feedback
In the event that you provide CastHR with any suggestions, comments or other feedback relating to the Site and/or Services (collectively, “Feedback”), such Feedback is deemed at the incipiency the sole and exclusive property of CastHR and User hereby irrevocably assigns to CastHR all of its rights, title and interest in and to all Feedback, if any, and waives any moral rights to it (or anyone on its behalf) may have in such Feedback.
9. Privacy Policy
CastHR respects your privacy and is committed to protecting the information you share with us. Our policy, practices and information about what we collect are described in our Privacy Policy available at https://casthr.co/legal/privacy/.
If you intend to connect to, access or use our Site and/or Services you must first read and agree to the Privacy Policy.
10. Intellectual Property Rights
The Site, the Services, the design, logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, CastHR’s proprietary software, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site and/or Services and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to CastHR, and are subject to copyright and other applicable intellectual property rights under U.S. laws, foreign laws and international conventions.
All logos and other proprietary identifiers used by CastHR in connection with the Site, Services, and other CastHR products and services, (“CastHR Trademarks”) are all trademarks and/or trade names of CastHR, whether or not registered. All other trademarks, service marks, trade names and logos, which may appear on or with respect to the Site and/or Services belong to their respective owners (“Third-Party Marks”). No right, license, or interest to CastHR Trademarks and/or to the Third-Party Marks is granted hereunder.
User acknowledges that in order to provide and/or further improve the Site and/or Services, CastHR may transform User Content to anonymized, aggregated information (“Anonymized Data”). All Anonymized Data shall not be considered as User Content to the extent such data cannot be de-anonymized, and CastHR may freely use such Anonymized Data, provided that CastHR shall not use Anonymized Data in a manner that links any individual or the User to such Anonymized Data without User’s prior written approval.
For the avoidance of any doubt, as between you and CastHR, you are and you shall remain the sole exclusive owner of all right, title, and interest in and to all User Content, including all Intellectual Property rights relating thereto, subject to the rights and permissions granted in Section 7 above.
11. Third Party Services; Third Party Components; Platform Providers
The Site and/or Services may be linked to and/or through certain third-party websites and other third-party services (collectively, “Third-Party Services”). Such Third-Party Services are independent from the Site and/or Services. You hereby acknowledge that CastHR has no control over such Third-Party Services, and further acknowledge and agree that CastHR is not responsible for the availability of Third-Party Services, and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such Third Party Services.
You further acknowledge and agree that CastHR shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any goods, services, content, products or other materials available on or through any Third-Party Services.
The Site and/or Services may use or include third-party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Services is subject to any applicable acknowledgements and license terms accompanying such Third Party Components.
Furthermore, when you choose to download the App from a third party App provider or distributor (e.g. App Store or Google Play Store) (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established (“Usage Rules”). You undertake to comply with all the applicable Platform Provider’s Usage Rules.
12. Data Protection and Privacy
Collection and Storage by CastHR. For the purpose of providing the Site and/or Services, the ongoing operation thereof, and/or for security purposes, CastHR collects, processes and stores certain data. CastHR respects your privacy and is committed to protecting the information you share with us. Our policy and practices and the type of information collected are further described in our Privacy Policy.
CastHR shall comply with all applicable laws and regulations pertaining to data security and privacy and shall collect data only in a lawful manner. CastHR shall use reasonable measures to protect User Content, which shall however be at least compliant with ISO 27001:2013 and SOC2.
Users of Paid Customer Subscription. With respect to end Users of a Customer, CastHR shall: (i) Process the Personal Data only in accordance with a Customer’s documented reasonable instructions and on the Customer’s behalf; (ii) ensure persons authorized to process the Personal Data have committed themselves to confidentiality; (iii) reasonably assist Customer as needed to cooperate with and respond to requests from supervisor authorities, data subjects, or others; (iv) notify the Customer without undue delay after becoming aware of a security breach incident; (v) only process or use Personal Data to the extent necessary to perform its obligations; (vi) not lease, sell or otherwise distribute Personal Data other than as part of the Services; (vii) purchase and maintain professional liability insurance customary to cover liabilities related to cyber security; (viii) maintain the Personal Data separately from any other data; (ix) appoint a designated contact person responsible for cooperation with the Customer with respect to processing of Personal Data; (x) report to the Customer regarding security and obligations related to data processing; and (xi) allow Customer to have required information regarding the processing of data. In case Customer processes through the Services information of any EU citizens, Customer may execute a separate Data Processing Addendum governing such process.
13. Availability; Modifications to the Services
The availability and functionality of the Site and/or Services depends on various factors, such as communication networks, software, hardware, and CastHR’s service providers and contractors. CastHR does not warrant or guarantee that the Site and/or Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
CastHR reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site and/or Services (or any part thereof) without notice, at any time and at its sole discretion.
14. Disclaimer and Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code.
YOUR USE OF THE SITE AND/OR SERVICES IS AT YOUR OWN RISK. THE SITE AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CASTHR NOR ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS (“CASTHR REPRESENTATIVES”) MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, USABILITY, SUITABILITY, COMPLETENESS, ACCURACY, EFFECTIVENESS OR AVAILABILITY OF THE SITE AND/OR SERVICES. TO THE FULLEST EXTENT PROVIDED BY LAW, CASTHR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE AND/OR SERVICES, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE SITE AND/OR SERVICES, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CASTHR AND/OR THE CASTHR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR SERVICES, USE OR INABILITY TO USE THE SITE AND/OR SERVICES, FAILURE OF THE SITE AND/OR SERVICES TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, DATA OR PROFITS, THE PERFORMANCE OR FAILURE TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OR BY ANY OTHER CAUSE WHATSOEVER.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. IN NO EVENT SHALL CASTHR’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO CASTHR FOR USE OF THE SERVICES. IF YOU HAVE NOT MADE ANY PAYMENTS TO CASTHR FOR THE USE OF THE SERVICES, THEN CASTHR SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
Nothing in these Terms shall limit or exclude liability for anything that cannot be limited or excluded under applicable law.
16. Indemnification
You agree to defend, indemnify and hold harmless CastHR and any CastHR Representative from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising directly or indirectly from: (i) your use of the Site and/or Services; (ii) breach of these Terms by you; (iii) any damage you may cause to any third party which relates to your use of the Services; (iv) your violation of any third party intellectual property rights, privacy rights or other rights; and (v) your violation of any applicable law or regulation.
17. Direct Marketing
You hereby agree that we may use your contact details provided by you through the Site for purpose of informing you regarding our products and/or Services, which may interest you, to contact you by telephone (including texting), and to send to you other marketing material, transmitted by e-mail, notices, and/or messages on the Site. You may revoke your consent to any individually targeted communications at any time by contacting us at [email protected].
18. Misconduct and Copyright Policy
We care for your safety and well-being. If you believe a User acted inappropriately including, but not limited to, offensive, violent or sexually inappropriate behaviour or content, please report such person immediately to the appropriate authorities and to us.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site and/or Services infringe your copyright, you may request removal of those materials by submitting written notification to our copyright agent. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice must substantially include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner
- A description of the copyrighted work
- A description of the material that you claim to be infringing
- Contact information
- A statement of good faith belief
- A statement of accuracy under penalty of perjury
CastHR’s Copyright Agent can be reached at:
205 Hudson Street, New York, NY, 10013
Attn: DMCA Copyright Agent
Email: [email protected]
19. Amendment of Terms
CastHR expressly reserves the right to modify these Terms of Use or Privacy Policy at any time in its sole discretion. CastHR will make commercially reasonable efforts to notify on any substantial changes to these Terms by posting the new Terms on the Site and/or Services and/or by sending you an e-mail. Such substantial changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site and/or Service after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
20. Termination of Service
CastHR has the right to terminate or suspend your access to all or part of the Site and/or Services for any or no reason, including without limitation, any violation of the Terms.
Additionally, CastHR may at any time, at its sole discretion, cease the operation of our Site and/or Services or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that CastHR does not assume any responsibility with respect to, or in connection with the termination of our Site and/or Services’ operation and loss of any data.
21. Charges and Payment
21.1. Pricing
Certain Services are offered under different pricing plans, the limits and features of which are available at www.casthr.co/pricing. Your rights and obligations with respect to certain Services will be based in part on the pricing plan you choose.
21.2. Payment Terms
When you purchase Services (each such purchase, a “Subscription”), you expressly authorize us or our third-party payment processor to charge you for such Services. You represent and warrant that you have the legal right to use all payment methods that you provide to us.
All fees are stated and solely payable in U.S. Dollars (unless otherwise stated during the payment process), non-cancelable, non-refundable (except as otherwise expressly set forth in these Terms), and not subject to setoff.
In the event that you fail to pay the full amount owed to us, we may limit your access to the Services, in addition to any other rights or remedies we may have.
21.3. Authorization for Recurring Payments
All pricing plans involve recurring fees (each, along with any applicable taxes and other charges are a “Subscription Fee”). Depending on which options you choose, those fees may recur each month, quarter or year thereafter, at the then-current rate. Please note that our fees are subject to change, although we will notify you before we effect any change.
By agreeing to these Terms and purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or CastHR.
Your Subscription continues until canceled by you or we terminate your access to or use of the Services or the Subscription in accordance with these Terms.
21.4. Canceling Subscriptions
You may cancel your Subscription at any time but please note that such cancellation will only be effective at the end of the then-current Subscription period. Unless required by law, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION.
To cancel, you can either (i) email us at [email protected] and follow any instructions, if any, we provide to you in response to your cancellation request, or (ii) for some kinds of Subscriptions, initiate a cancellation through your CastHR account settings within the Services.
21.5. Taxes
Subscription Fees do not include taxes, and you agree to: (a) pay all sales/use, gross receipts, value-added, GST, personal property, or other tax with respect to the transactions and payments under these Terms, other than taxes based on our income, employees, or real property; and (b) be responsible for any filing of any information or tax returns with respect thereto.
21.6. Withholding
All payments made by you to us under these Terms will exclude any deduction or withholding. If any such deduction or withholding is required by law, you will pay such additional amounts as are necessary so that the net amount received by us after such deduction or withholding will be equal to the full amount that we would have received if no deduction or withholding had been required.
22. General
These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to the Site and/or Services or use of the Site and/or Services will be governed by and interpreted in accordance with the laws of the State of New York, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Site and/or Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of New York, New York.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms are the entire terms and conditions between you and CastHR relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and CastHR.
The Services and other technology CastHR makes available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. You represent you are not named on any U.S. government denied-party list. You may not access or use any of the Services in a U.S. embargoed country or in violation of any U.S. export law or regulation.
23. Contact
If you have any questions (or comments) concerning the Terms or the Site and/or the Services, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: [email protected].