terms and conditions

Last Updated 01 March 2022

These Terms and Conditions (the “T&C”) constitute a legal contract between Cascade Consultants CJSC (“jobbit”), which owns, operates, or controls without limitation jobbit.online (the “Site”) and you, the person or entity visiting, accessing, or using the Site (“Customer”). By visiting, accessing, or using the Site, the Customer acknowledge that the Customer has read, understood, and agrees to be bound by these T&C. If the Customer do not agree to these TOU, the Customer may not use the Site.

jobbit reserves the right to change, modify, add, or remove portions of these T&C at any time. All changes will be posted on jobbit.online and, in such event, jobbit will update the "Last updated" date above. Please be sure to review any changes made to these T&C by occasionally checking this page for updates. Your continued use of the Sites and Service (as defined herein) will constitute your agreement to such updated T&C. Subject to this agreement (“Agreement”), jobbit will provide the Customer with access to the use of subscription to jobbit’s salary survey report software solution purchased via jobbit for the duration of the Subscription Term (as defined herein) (“Service”).

As part of provision of the Service, jobbit may provide Customer with access to various compensation, HR, and/or other information or data (the “jobbit Data”) which Customer may only use solely and exclusively for its own internal purposes.

All data and information uploaded or otherwise submitted into the Service by Customer (“Customer Data”) will remain the property of Customer. Customer represents and warrants to jobbit that it has full power and authority to enter into the Agreement and to convey all rights granted to jobbit under the Agreement, including all rights in and to the Customer Data. Customer grants jobbit the right to use, modify and anonymize and aggregate Customer Data for purposes including, but not limited to providing aggregated and anonymized compensation analysis and information. Such aggregated and anonymized information is deemed jobbit Data and is excluded from Customer Data. jobbit will never share any data provided to jobbit other than in an aggregated and anonymized format.

Customer may allow its employees to access the Service and any data contained therein in compliance with the terms of the Agreement, which access must be for the sole and exclusive benefit of Customer. Customer is responsible for the compliance with the Agreement by its employees. Customer is responsible for access and use of jobbit Data. Accordingly, Customer agrees to indemnify and hold harmless jobbit for any and all loss, damage or liability incurred by jobbit as a result of a breach by the Customer.

Customer represent that The Customer seeks access to the Service for the sole and exclusive purposes as authorized in this Agreement. The Customer access is subject at all times to: Customer’s own employees being made aware that any insubstantial parts of jobbit Data to whom they are given access are made aware that such access must adhere to the terms of this Agreement, particularly sections 2.2 and section 4.2 and that use of any such parts of jobbit Data are properly attributed to jobbit.jobbit Data cannot be shared with any third parties for any reason whatsoever. jobbit Data may not be used for any other purpose including, without limitation, any purpose which may result in the development and provision of products or services competitive to jobbit, the disparagement of jobbit’s reputation, or injury to jobbit in its business or public affairs.

Customer (i) must keep its passwords secure and confidential; (ii) is solely responsible for Customer Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account and notify jobbit promptly of any such unauthorized access; and (iv) must use the Service only in accordance with the Service’s technical documentation and applicable law.

jobbit will provide telephone support to Customer for the Service between 10:00 AM to 6:00 PM GMT +4, Monday to Friday (excluding company holidays). Such support may include general maintenance (bug fixes) releases, enhancements, new versions, additions, and modifications and is provided at no additional fee.

The software, all jobbit provided data, workflow processes, user interface, designs and other technologies and data provided to Customer by jobbit, including the Service and jobbit Data, are the proprietary property of jobbit and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with jobbit (or its licensors as the case may be). Customer may not remove or modify any proprietary marking or restrictive legends in the Service. jobbit reserves all rights unless expressly granted in the Agreement. The Agreement does not grant Customer any ownership rights in or to the Service or jobbit Data.

Customer agrees that it will not (i) commercially exploit, including but not limited to selling, reselling, renting, leasing, lending, providing, commercially exploiting or making available the Service or the jobbit Data to a third party or use jobbit Data in a service provider capacity or make them available to third parties; (ii) store any jobbit Data in an archive, library, or any other storage mechanism; (ii) interfere with or disrupt the integrity or performance of the Service or use the Service or jobbit Data in violation of applicable law; (iii) attempt to gain unauthorized access to the Service or their related systems or networks; (iv) reverse engineer the Service;(v) aggregate insubstantial parts of jobbit Data for machine learning or artificial intelligence purposes; (vi) upload to the Service or use the Service in conjunction with any viruses, worms, malware, spyware, or other malicious or harmful files, programs, code, or similar material; or (vii) access the Service or the jobbit Data for purposes of sharing with a competitor of jobbit or to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.

You may not copy, cut and paste, email, broadcast, adapt, edit, re-utilize, reproduce, disseminate, reverse engineer, sell, extract, paraphrase, or create any derivative works based on the jobbit Data for any reason whatsoever including, but not limited to other analytics or artificial intelligence environments. You also agree not to provide access to jobbit Data to anyone else other than your fellow employees who have an explicit need to know or use such jobbit Data. If the Customer becomes aware of scraping or any other automated collection of data found on the website in violation of these terms the Customer must immediately report any and all such violations via email to info@jobbit.online. In the event that such a report is found to be materially accurate, the reporting individual shall be entitled to 20% of any settlement reached in such a case.

jobbit monitors exports and downloads from the Sites and will not hesitate to take aggressive legal and/or other action including blocking all IP addresses, without prior notification, against those individuals and/or IP addresses used to take such illegal action, in the event that any inappropriate or unusual download activity is detected. While non-systematic downloading of insubstantial parts of jobbit Data are acceptable, bulk and/or systematic downloads including, but not limited to downloading of the entire jobbit Data database and/or an aggregated data set for commercial machine learning purposes, are not allowed. All data found on the site including, but not limited to jobbit Data and job descriptions are the intellectual property of jobbit. While certain forms of some data found on the site may be found in the public domain, any misuse of any data found on the site in violation of this Agreement is subject to damages including, but not limited to, AMD 3,000,000 per each copyrighted data point (which includes jobbit Data including, but not limited to job titles, pay ranges, job descriptions and geographical information excluding jobbit Data) used in violation of applicable copyright law as well as attorney fees and costs and in addition to any and all other penalties or fines available under copyright or other applicable law.

Customer must pay all fees based on the payment terms specified on the order. If no payment terms are specified on the order, all fees are due upon receipt of an invoice. Fees specified on the order include taxes. Customer is responsible for the payment of all sales, use, withholding, and other similar taxes applicable to Customer’s purchase of the Service. All payment obligations are non-cancelable and non-refundable except as expressly specified in the Agreement. Unless otherwise specified in the applicable order, all fees shall be invoiced in advance of the applicable billing period and are due and payable immediately upon receipt of the applicable invoice. Invoices will be sent to the email address provided to jobbit and will be deemed received upon being sent by jobbit. Upon termination of the Agreement for any reason, except for termination by Customer for material breach, Customer must pay jobbit for any unpaid amounts through the remainder of the Subscription Term. jobbit may suspend and/or terminate the order and/or Service if an invoice is more than fifteen (15) days past due.

The term of the Agreement will commence on the Subscription Start Date and expire in exactly 12 months, referred to as Subscription End Date (such period, the “Subscription Term”) and cannot be cancelled or otherwise terminated prior to the conclusion of the Subscription Term.

If either party is in material breach, the other party may terminate the applicable order at the end of a written 30-day notice/cure period, if the breach has not been cured by the expiration of such notice/cure period. In the event that jobbit terminates an order in accordance with this paragraph, Customer will promptly pay all unpaid fees through the end of the Subscription Term.

This Mutual Nondisclosure agreement (the “NDA”) is entered into by and between jobbit and the Customer for the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. All parties agree to enter into a confidential relationship with respect to the disclosure by one or each (the “jobbit”) to the other (the “Customer”) of certain proprietary and confidential information (the “Confidential Information”).

For purposes of this NDA, “Confidential Information” shall include all the information or material that has or could have commercial value or other utility in the business in which jobbit is engaged. Such are the questionnaire provided by jobbit, and answers with attached materials provided by the Customer. All rights to the tool of jobbit, that is submitted by the Customer are reserved by Intellectual Property Agency of the Ministry of Economy of RA.

Customer’s obligations under this NDA do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Customer; (b) discovered or created by the Customer before disclosure by the Customer(c) learned by the Customer through legitimate means other than from the Jobbit or jobbit’s representatives; or (d) is disclosed by Customer with jobbit’s prior written approval.

All parties agree to hold and maintain the questionnaire's content in strictest confidence for the sole and exclusive benefit of the Jobbit. All of them agree to restrict carefully the access to Confidential Information to employees, contractors, and third parties as is reasonably required and shall require those people to sign nondisclosure restrictions at least as protective as those in this Agreement. Customer shall not, without the prior written approval of jobbit, use for Customer’s own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Jobbit, any Confidential Information. Customer shall return to jobbit any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if jobbit requests it in writing.

This NDA and Customer’s duty to hold Confidential Information in confidence shall remain in effect until whichever of the following occurs first: (a) jobbit sends Customer written notice releasing it from this NDA, or (b) Confidential Information disclosed under this NDA ceases to be confidential.

Nothing contained in this NDA shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.

If a court finds any provision of this NDA invalid or unenforceable, the remainder of this NDA shall be interpreted so as best to affect the intent of the parties.

This NDA expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations and understandings. This Agreement may not be amended except in a writing signed by both parties.

The failure to exercise any right provided in this NDA shall not be a waiver of prior or subsequent rights.

This NDA and each party’s obligations shall be binding on the representatives, assigns and successors of such party.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JOBBIT DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, ACCURACY AND NON-INFRINGEMENT. WHILE JOBBIT TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, JOBBIT DOES NOT GUARANTEE THAT THE SERVICE CANNOT BE COMPROMISED NOR THAT IT IS FREE OF VIRUSES OR MALICIOUS CODE. CUSTOMER UNDERSTANDS THAT THE SERVICE AND JOBBIT DATA MAY NOT BE ERROR FREE, AND USE OF THE SERVICE MAY BE INTERRUPTED. THOUGH JOBBIT TAKES REASONABLE STATISTICAL AND OTHER REASONABLE MEASURES TO ENSURE THE DATA IS ACCURATE AND REPRESENTATIVE, IT CANNOT AND DOES NOT GUARANTY THAT THE JOBBIT DATA IS ACCURATE OR REPRESENTATIVE. THE SERVICE AND JOBBIT DATA IS PROVIDED “AS IS”.

The Customer hereby grants jobbit a perpetual, irrevocable, royalty free license to reproduce, modify, distribute, create derivative works and otherwise use the participation data in anonymized form for jobbit internal and external business purposes. The Customer represents and warrant that it is authorized to provide participation data, such data is true and accurate, and uploading such data does not violate any law or regulation. The Customer agrees that jobbit may use The Customer’s company name and logo in connection with jobbit’s survey participant lists and to build safe harbor compliant, aggregated, peer group data cuts. You may not disseminate, sell, extractor paraphrase, or use any jobbit Data to create any derivative works.

Except as arising from or related to Customer’s misappropriation or unauthorized disclosure of jobbit Data, neither party will be liable for any indirect, special, incidental or consequential damages arising out of or related to the Agreement (including, without limitation, costs of delay; loss of data, records or information; and lost profits, revenue or anticipated cost savings), even if it knows of the possibility of such damage or loss.

The Agreement is governed by the laws of the Republic of Armenia for any dispute between the parties or relating in any way to the subject matter of the Agreement.

Customer agrees to allow use of Customer’s name and logo by jobbit in press releases and in discussions with jobbit customers, prospective customers and industry/financial analysts and to permit inclusion of Customer’s name and logo on jobbit’s websites, customer lists, sales and marketing materials and related disclosures.

Neither party may assign or transfer the Agreement to a third party, except that the Agreement may be assigned, without the consent of the other party, to a party’s affiliates or as part of a merger, change in control, or sale of all or substantially all the assets of a party, so long as such successor is not a competitor of the other party.

jobbit will comply with all applicable laws of the Republic of Armenia in relation to jobbit’s delivery of the Service. Customer agrees that jobbit may disclose any information necessary to satisfy any applicable legal process, court order, governmental request, law, or regulation. Customer agrees that it will comply with all applicable laws in the course of Customer’s use of the Service.

jobbit and Customer agree that no joint venture, partnership, employment, or agency relationship exists between the parties. The parties are independent contractors with respect to each other.

If any term of the Agreement is invalid or unenforceable, the other terms remain in effect. Neither party is liable for events beyond its reasonable control, including, without limitation force majeure events.

jobbit rejects additional or conflicting terms of any Customer form-purchasing document, purchase order, or similar document.

Any terms that by their nature survive termination or expiration of this Agreement or the applicable order, will survive (including without limitation, the NDA, Survey Specific Terms).

Each party represents and warrants to that it has all necessary power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.

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