TERM OF USE

THIS AGREEMENT REGULATES THE TERMS OF USE OF THE SERVICES OF CALLPANDA LOCATED AT THE WEBSITE HTTPS://WWW.CALLPANDA.COM / (HEREINAFTER REFERRED TO AS THE "WEBSITE" AND "SERVICE" AND/OR "WE" RESPECTIVELY), YOU MAY USE THIS SERVICE AND/OR SERVICES ONLY IF YOU ACCEPT THE TERMS OF THIS AGREEMENT.

BY STARTING TO USE THE SERVICE, YOU THEREBY AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS OF USE") - YOU CANNOT USE THE SERVICE AND/OR SERVICES.

Services are provided by CallPanda: CallPanda FZ LLC, country of registration UAE, registration number 98130, Dubai Internet City, Building # 1, office 315, P.O. Box 73000.

For persons who have an active paid subscription, the new version of the Terms of Use comes into force from the moment of acceptance of these terms of use. For persons using the Service on the terms of the minimum available (test) functionality of the Website provided without charge, the new version of the Terms of Use comes into force from the moment it is posted at:_______________________. If the changes made to the new version of the Terms of Use are related to the introduction of new functions, or are caused by changes in legislation, then such changes will come into force and will be applied from the date of their publication for all users of the Service and the Website. If you do not agree with any provisions of the new version of the Terms of Use, you can refuse to renew your subscription to use the Service by going to your personal account and canceling your subscription. Your disagreement with the provisions of the new version of the Terms of Use means that you no longer have the right to use the Service.

1. General provisions

1.1. The CallPanda service is a cloud platform for video interviewing and assessing candidates for all types of vacancies, both for individuals and for legal entities. To get a subscription and access to the Service, you need to register, herewith we get access to your personal information, in compliance with all privacy rules in accordance with the terms of our Privacy Policy.

1.2. The Privacy Policy of our company can be found at__________________.

1.3. By using the Service, you confirm that all information and all results and consultations received by you because of using the Service are of a recommendatory nature, and under no circumstances can entail the Company's responsibility for their content and your further use of such results.

1.4. Access to the main functionality of the Service is provided after registering an Account on the Website and paying for Services in accordance with the selected tariff in compliance with the Provisions of clause 4.2.

1.5. The following restrictions and conditions apply to the use of the Service and managing a User Account (hereinafter "Account"):
a. You cannot create an Account for the Service and/or to obtain Services or to access the Services, if your age is under 13 years (minimum age is determined by the appropriate jurisdiction);
b. You must restrict the access of minors to your Account, also, you must prohibit access to the account for children under the age of 13. You accept full responsibility for any unauthorized use by minors of the Services allocated to your Account. You are solely responsible for any use of your credit card or other payment instrument (for example, PayPal and Facebook Credits) by minors;
c. You may not have an Account or use the Services if you have previously been removed or blocked for violations of the Terms of Use;
d. You shall not use the Account for advertising or for the purpose of distributing any commercial advertising, including "letters of happiness", junk emails or repeated messages (spam), to other users or third parties;
d. You shall not use the Account to engage in illegal activities;
e. You may not hide, modify or delete copyright notices contained on the pages of the Service or directly in the Content of the Service;
g. You may not reproduce, distribute or publicly display any Content of the Service except directly on the Service in the manner specified in these Terms of Use.

1.6. By accepting these Terms of Use, you confirm that you have read and agree with all legal documents published on the Service page.

2. Registration of the user account. Passwords.

2.1. To access and fully use the Service, you need to go through the registration procedure, as a result of which a unique Account will be created for you. You agree to provide reliable, accurate, up-to-date and complete information (hereinafter referred to as "Account Information"), and by accepting these Terms of Use, you agree to update your Account Information in a timely manner to keep it true, accurate, current and complete.

2.2. You must complete the registration process by providing us by following information: your email address, mobile phone, your name and/or the name of your company and the number of employees in the company (optional), position in the company (optional). If you provide incorrect information or the Company has reason to believe that the information provided by you is incomplete or unreliable, the Company has the right, at its discretion, to block or delete your Account and refuse to use the Service or their individual functions.

2.3. After completing the registration process and creating an Account the Company grants you a non-exclusive, non-transferable License to use the Company's Service and products for your internal use, in accordance with the provisions of the End User License Agreement, which you can read at:_____________________.

2.4. During the registering process on the Service you create a password to access your Account. You are solely responsible for securityand confidentiality of your password, including resistance to guessing, and for all your and / or third parties actions committed using your Account, regardless of whether you have committed such actions personally or actions were committed without your participation, whether you gave permission to third parties to use your account or not.

YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU IS TRUE AND ACCURATE; (ii) YOU HAVE FULL AUTHORITY TO ENTER INTO THESE TERMS OF USE; (iii) YOU WILL FULFILL ALL YOUR OBLIGATIONS UNDER THESE TERMS OF USE IN ACCORDANCE WITH APPLICABLE LAW; (v) YOUR TEXT, GRAPHIC, AUDIO-VISUAL AND OTHER MATERIALS MUST NOT (1) VIOLATE THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, (2) CONSTITUTE AN INSULT, SLANDER OR OBSCENE BEHAVIOR, (3) LEAD TO CONSUMER FRAUD, QUALITY OF THE CONTENT HOSTED ON THE SERVICE, VIOLATION OF A CONTRACT TO WHICH YOU ARE A PARTY, OR CAUSE DAMAGE TO THIRD PARTIES, (4) PROMOTE VIOLENCE OR HATRED, (5) VIOLATE ANY APPLICABLE LAWS, REGULATIONS AND RULES, OR (6) CONTAIN ADULT INFORMATION OR PROMOTE ILLEGAL ACTIVITIES.

2.5. You agree to immediately notify the Company of the fact of any suspicious or unauthorized use of your User Account. You agree that under no circumstances we will not be liable for any costs, losses, damages, costs, expenses or lost profits arising from or related to your failure to comply with the obligation to ensure the security of your password.

3. Service Content

3.1. Information and materials (including, but not limited to, HTML pages, text, audio and video files, images and logos, official documents, press releases, product descriptions, software, informational materials, as well as any other content) posted and available on the Service, except for content owned by third parties (collectively, "Content"), are protected by copyright and intellectual property rights. Except for certain cases, any use of the Content without special permission is a violation of copyright and intellectual property rights.

3.2. All information located on the Service and the Content of the Service is exclusively advisory in nature and does not contain mandatory norms and requirements. We grant you a limited, temporary, non-transferable, non-exclusive right to use the Content of the Service in accordance with the provisions of the End User License Agreement, which you can read at:_____________________.

3.3. The Service may contain information and materials provided or uploaded by third parties ("Third Party Content"). The content of third parties is the subject to copyright protection and all intellectual property rights in relation to such content belong to third parties., The terms of use and confidentiality established by the third party apply to Third-party Content in addition to the provisions of these Terms of Use. In order to clarify information about the availability of such additional conditions, you need to contact to a third party directly.

4. Using the Service

4.1. You canuse your User Account on the Service only in the manner specified by these Terms of Use and only for legitimate purposes. You are responsible for all your actions, including downloading, transmitting and publishing any content on the Service, and you are aware of the consequences of your actions.

4.2. The main functions of the Service can be accessed and used only after the payment of remuneration has been made in accordance with the tariff plans (hereinafter referred to as "Tariffs"). The amount of remuneration for receiving Services depends on the tariff you purchased: Small, Basic, Pro, Enterprise, the price and conditions of which you can find at:____________________. The amounts of remuneration indicated on the Service do not include taxes, fees or duties established by the tax authorities, and you are solely responsible for paying such taxes, fees and duties established and accrued in accordance with the legislation of the territory in which you are located.,You will be granted access to the Service in accordance with its documentation after payment the remuneration.

5. Cancellation and deletion of the account at the initiative of the user

5.1. You can send us a request to delete your account by e-mail: support@callpanda.com or cancel your Account yourself in your personal account at any time. Account cancellation means your refusal to use the Service. If you cancel your Account before the end of the paid period, such cancellation will take effect immediately and the automatic payment for the next billing period will be canceled.

6. Prohibited actions:

6.1. You hereby agree not to use the Service:
- to upload, transmit or publish (a) any information that is incomplete, false, inaccurate or does not belong to you, (b) any information whose publication leads to the disclosure of state secrets or commercial secrets of a third party without his consent to such disclosure, (c) any information, works and materials that are subject to copyright protection of third parties without the permission of the author(s) to publish them, (d) any information and materials which violates any other intellectual property rights of third parties without their permission to publish these materials, (e) any information that violates the privacy of another person without his consent, (f) advertising, promotional materials or links to any products or services that compete with us (g) spam (including search spam);
- for downloading, transmitting or publishing materials, software containing malicious code, viruses or other computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs, for unauthorized access, as well as serial numbers to commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet, as well as posting links to the above information;
- for downloading, transmitting, publishing and/or distributing content that is illegal, malicious, defamatory, offends morality, demonstrates or promotes violence and cruelty, inhuman treatment of animals, promotes hatred and/or discrimination of people on racial, ethnic, sexual, religious, social grounds, contains extremist materials, contains insults against any persons or organizations, contains elements or promotes pornography, child eroticism, advertising of sexual services (including under the guise of other services), contains a description of the means and methods of suicide and/or any incitement to commit it, explains the procedure for the manufacture or use of narcotic substances or their analogues, explosives or other weapons;
- for downloading, transmitting, publishing and/or distributing any other content, the distribution of which leads to administrative or criminal liability or otherwise violates any domestic or international laws or regulations;
- for unauthorized collection and storage of personal data of third parties;

You agree not to disrupt the normal operation of the Service and not to attempt to breach security, damage, or hack the Service.

6.2. You agree directly or indirectly:
- do not reverse engineer, decompile, disassemble or make any other attempts to disclose the source code, object code, architecture or algorithms of the Website, as well as any software, documentation or data related to or provided as part of the Service;
- do not modify, use, translate into other languages or create derivative works based on the Service;
- do not to use the Service beyond the scope of the rights explicitly granted to you in accordance with these Terms of Use. You agree to use the Service only for your internal business operations and not for the transfer, distribution, sale, republication, resale, lease, sublease, sublicense of the Service.

You acknowledge that any use of the Service in violation of these Terms of Use or any transfer, sublicense, copying or disclosure of technical information or materials may cause irreparable damage to us and we have the right to resort to judicial protection in the form of an injunction without bail or financial security, including a preliminary or permanent injunction.

7. Intellectual property

7.1. You reserve the right of ownership to any of your data, information or materials transmitted, published, stored by you using the Service (hereinafter referred to as "User Content"). You are solely responsible for the accuracy, quality, content and legality of your use of User Content. You confirm and guarantee that you have all the rights necessary to upload, transmit and publish User Content to the Service.

7.2. The Service contains functions that allow you to upload, add, store and publish content, images, audio and video files, text files or other materials and provide them for viewing and downloading to other users of the Service. At the same time all intellectual property rights in relation to these materials remain with their owner.

By uploading, adding, sending, publishing and storing your publications on the Service, you grant us an indefinite, irrevocable, unconditional, non-exclusive, worldwide right access to your publications, with the right to transfer it to third parties, for their use, reproduction, public demonstration, public performance, downloading, creation of derivative works based on them (including translations, adaptations, compilations and other methods of optimizing materials), exchange and distribution. The listed rights that you grant to us are used by us solely to ensure the operation of the Service. This right will continue to apply after you stop and/or refuse to use the Service.

You confirm and guarantee that:
- you have the right of ownership and/or all the necessary rights and powers to use the Content and materials of your publications in the manner indicated above, including granting us the specified amount of rights;
- the posting, reproduction, public demonstration of your publications on the Service, as well as the exercise, both by us and by third parties, of the above rights will not: (a) violate any applicable law (b) violate any right to privacy or intellectual property rights of third parties;
- none of your publications (a) will contain obscene, pornographic, vulgar or other prohibited materials, (b) will not be discriminatory, inciting hatred or offensive against any group or individuals, (c) will not contain slanderous or defamatory materials;
- regardless of other provisions of these Terms of Use, you agree that we reserve the right to collect and analyze data and other information related to the provision, use and operation of the Service (including information about users and data received from them) in order to aggregate and/or anonymize all such data and information;
- You acknowledge that (a) You are fully responsible for the content and distribution of any electronic, telephone and other kind of messages created and sent by you to third parties using and through the Service, (b) all of these messages are created or initiated only as a result of your actions;
- You guarantee that all electronic, telephone and other types of messages created and sent by you using and through the Service comply with the requirements and norms of current legislation.

8. Notifications and Alerts

8.1. We may post general notifications and notifications intended for all users of the Website and the Service, personal notifications and notifications are sent by e-mail to the e-mail address specified by you during registration process of your User Account.

9. Disclaimer of warranties

9.1. Despite the measures taken to ensure the accuracy of information regarding the Service, the Company is not responsible for certain types of information:

ALL CONTENT OF THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". THE COMPANY HEREBY DISCLAIMS ANY KIND OF REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AS WELL AS WITH RESPECT TO THE OPERATION OF THE SERVICE AND ITS CONTENT. THE COMPANY DOES NOT GUARANTEE OR MAKE ANY STATEMENTS REGARDING THE SECURITY OF THIS SERVICE, YOU SHOULD BE AWARE THAT ANY SENT INFORMATION MAY BE INTERCEPTED. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICE OR ELECTRONIC MESSAGES SENT ON BEHALF OF THE COMPANY DO NOT CONTAIN VIRUSES OR OTHER HARMFUL ELEMENTS.

9.2. The use of the Service is carried out by you at your own risk and with your consent, you will be fully responsible for any damage to your device, loss of data or other damage caused by such activities. The Company is not responsible for infection with computer viruses or similar software codes that may be downloaded to your device in connection with any Services or products offered through the Service. No advice or information in oral or written form received by you from the Company is a guarantee, unless it is expressly stated in the Terms of Use.

9.3. The Service may contain links to some services that may not be available in a particular country or region. Any such link does not mean or warrant that any such products or services should be available at any time in any particular country or for any device.

The Service may contain links to third-party web services and services (for example, Gmail, PayPal or Dropbox, etc.), and you agree that we post links to these web services and services solely for your convenience and are not responsible for their availability and/or content, and that we do not support and are not the operator or provider of such web services or services (as well as any other related Services and Services). Your use of such web services and services will be governed by their own legal documents established by each web Service and service.

UNDER NO CIRCUMSTANCES THE COMPANY OR ANY OF ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, CONTRACT, INCOME, INFORMATION DATA OR BUSINESS SUSPENSION), UNDER ANY THEORY OF LIABILITY ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SERVICE OR ITS CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF A THIRD PARTY ON THE SERVICE OR THROUGH THE SERVER, ANY UNAUTHORIZED ACCESS TO YOUR DATA OR THEIR MODIFICATION, ANY INFORMATION RECEIVED OR SENT, OR NOT SENT AND NOT RECEIVED, THE INABILITY TO STORE DATA, ANY LOSS OF DATA, DAMAGE OR LOSS OF FILES, LOSS OR DAMAGE TO CONTENT, IF ANY SERVICES AVAILABLE THROUGH THE SERVICE WERE POSTPONED OR INTERRUPTEDIT WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGE.

9.4. Since some jurisdictions do not allow the exclusion or limitation of implied warranties or the limitation of liability for consequential and incidental damages, the above limitations may not apply or apply limitedly to you, depending on your jurisdiction.

10. Data transmission

10.1. We may transfer or delegate these Terms of Use or the performance of any of our obligations, in whole or in part, under these Terms of Use or the Privacy Policy Agreement to the Company, any individual or legal entity at any time and without your consent. You may not assign, transfer or delegate any rights or obligations under these Terms of Use or the Confidentiality Agreement without prior written consent, which may be denied at your sole discretion, and any such unauthorized transfer will be considered invalid and ineffective.

11. Refund.

11.1. You agree to reimburse, protect and secure the Company and its partners from all claims, obligations and expenses (including reasonable attorney's fees) arising from your misuse of the Service in violation of the terms or applicable law. At the same time, the Company reserves the right, at its own expense, to assume exclusive protection and control over any matter that is otherwise subject to compensation by you. You must cooperate with them in good faith in defending any available remedies.

12. Applicable law

12.1. When using the Service, you must comply with all applicable laws, rules, regulations and codes of conduct in relation to all activities carried out in accordance with these Terms of Use. All disputes and disagreements arising between the Company and you are resolved through negotiations. If there is no agreement during the negotiations, you are obliged to send us a claim, to which the Company will respond in writing within 30 (thirty) days from the date of its receipt.

12.2. Any disputeor claim arising out of or relating to these Terms of Use and affecting its violation, termination or invalidity is subject to resolution at the Dubai International Financial Center (DIFC). Disputes must first be settled amicably, if a peaceful settlement is not possible within an acceptable period of 2 (two) months, the Dubai International Financial Center (DIFC) Court will have jurisdiction over any disputes arising from violations of these Terms of Use.

12.3. The applicable law is the law of the United Arab Emirates, without regard to the principles of conflict of laws.

12.4. If for any reason one or more provisions of these Terms of Use are declared invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions.

All your remaining questions regarding these Terms of Use can be addressed to the following email address: support@callpanda.com.