Updated: July 22, 2023
This Master Subscription Agreement (hereinafter “MSA”) is an agreement between you or the entity that you represent (hereinafter “You” or “Your”) and GFoundry Lda, the company that owns the talent management Software as a Service (hereinafter “GFoundry” or “Service”). The MSA governs your usage of GFoundry from the date of signing up for the application. By signing up to GFoundry, you agree to the terms of this agreement. This Agreement was last updated on July 22, 2023. It is effective between You and Us as of the date of You accepting this Agreement.
1. Acceptance of Terms
By accessing or using the GFoundry platform (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree with these Terms, your choice is not to use our Service.
2. Service Description
The Service provides talent management solutions, including, but not limited to, talent attraction, recruitment and assessment, onboarding, learning and development, performance and career management, innovation and ideas management, recognition and feedback, competency mapping, internal communication, pulse surveys and people engagement, software onboarding and adoption, and goal management based on the OKR methodology.
3. Registration and Access
To access the Service, you may be asked to provide certain registration details or other information. You are responsible for maintaining the accuracy and confidentiality of such information.
4. User Conduct
Users agree to use the Service for lawful purposes only and in a way that respects the rights of others and does not inhibit their use and enjoyment of the Service.
5. Intellectual Property
All content, software, graphics, and other materials provided by the Service are the property of GFoundry or its licensors and are protected by copyright, trademark, and other intellectual property laws.
6. Changes to Terms
GFoundry reserves the right to modify these Terms at any time. Your continued use of the Service after such modification will constitute your acknowledgment of the modified Terms and agreement to abide by them.
GFoundry reserves the right to terminate or suspend access to our Service, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the Terms.
8. Limitation of Liability
GFoundry shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, resulting from the use of the Service.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the country in which GFoundry is based, without regard to its conflict of law provisions.
10. Contact Information
If you have any questions about these Terms, please contact us at [email protected].
11. Fees and Payment for Purchased Third-Party Services
This section outlines all fees and payments associated with third-party services acquired through GFoundry’s platform.
11.1 User Fees
The cost of the Paid Service Offerings will be as listed on the GFoundry website, unless specified otherwise herein or on the website.
Fees will be quoted and payable in the currency indicated on the GFoundry website. Fees are based on the services purchased, and additional charges may apply based on actual usage. All payment obligations are non-cancellable, and fees paid are non-refundable, except as mentioned in section 5.5.
We reserve the right to modify the fees and to start charging for services that are currently free. You will not be charged for using any services unless you opt for a paid plan.
Subscription fees are calculated based on monthly periods, commencing from the subscription start date and each subsequent monthly anniversary.
11.2 Invoicing and Payment
You are required to provide valid, up-to-date credit card or bank account information. You authorize us to charge your credit card or bank account for the initial subscription term and any renewals. Such charges will be made in advance, annually, monthly, or quarterly, depending on the type of fee. For instance, monthly fees will be billed monthly. If you cancel your subscription, your account will remain active until the end of the paid period. Cancellations will only be effective from the next subscription period or after the current subscription ends.
11.3 Suspension of Service and Acceleration
If any attempt to charge your credit card or bank account is denied, we may accelerate your unpaid fee obligations under such agreements, causing all such obligations to become immediately due and payable, and we may suspend the paid services until these amounts are paid in full.
Unless otherwise specified, our fees do not include any taxes, levies, duties or similar governmental assessments, such as value-added, sales, use or withholding taxes, that can be levied by any local, state, provincial, federal or foreign jurisdiction. You are responsible for paying all taxes associated with your purchases. If we have a legal obligation to pay or collect taxes for which you are responsible, the relevant amount will be charged to your provided credit card or bank account. If you qualify for any tax waivers, you should address the tax authorities for the relevant refunds.
GFoundry will cease monthly or yearly automatic billing on any account when you opt out of the Paid services. If you sign up for a monthly service and request cancellation, your account will no longer be rebilled starting from the date of your notification. The Paid Plan service will remain active until the renewal date; at this point, the account will be downgraded to a free plan, and billing will cease. GFoundry will refund any charges made if your request was placed before your rebill date and your account was still charged.
Annual plan fees that are discounted are non-refundable.
By using the GFoundry platform, you acknowledge that you have read these terms of service, understand them, and agree to be bound by them.