HelloEra Terms of Service

Effective date: 1st of November, 2019

Thank you for using HelloEra! We're happy you're here. Please read this Terms of Service agreement carefully before using HelloEra. You have indicate your agreement to this Terms of Service agreement by creating an account.

Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented a short non-binding summary of this agreement followed by the full legal terms.


Summary

A. Definitions

Some basic terms, defined in a way that will help you understand this agreement. Refer back to this section for clarification.


B. User Terms

These are the basic requirements of having an account on HelloEra.


C. Acceptable Use

These are the basic rules you must follow when using your HelloEra user.


D. User-Generated Content

You own the content you post on HelloEra. However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you.


E. Organizations

This section talks about how HelloEra will treat content you post in Organizations.


F. Intellectual Property Notice

This describes HelloEra's rights in the website and service.


G. API

These are the rules for using HelloEra's APIs, whether you are using the API for development or data collection.


H. Additional Terms for Payment Processing

Payment Processing is subject to certain rules, in addition to the rest of the Terms.


I. Advertising on HelloEra

If you want to promote your content on HelloEra, this section lays out some rules you must follow.


J. Payment

You are responsible for charge. We are responsible for billing you accurately.


K. Cancellation and Termination

You may cancel this agreement and close your user at any time.


L. Communications with HelloEra

We only use email and other electronic means to stay in touch with our users. We do not provide phone support.


M. Disclaimer of Warranties

We provide our service as is, and make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.


N. Limitation of Liability

We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.


O. Release and Indemnification

You are fully responsible for your use of the service.


P. Changes to these Terms of Service

We may modify this agreement, but will give you 30 days' notice of changes that affect your rights.


Q. Miscellaneous

Please see this section for legal details including our choice of law. The HelloEra Terms of Service



A. Definitions

Short version
We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.

  • The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the HelloEra Privacy Statement, available at helloera.co/privacy) and procedures that we may publish from time to time on the Website.
  • The “Service” refers to the applications, software, products, and services provided by HelloEra.
  • The “Website” refers to HelloEra’s website located at helloera.co, and all content, services, and products provided by HelloEra at or through the Website. It also refers to HelloEra-owned subdomains of helloera.co, such as api.helloera.co and pages.helloera.co. Occasionally, websites owned by HelloEra may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
  • “The User,” “You,” and “Your” refer to the individual user, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the user; or that directs the use of the user in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for government users (See Section B(4): Additional Terms).
  • “HelloEra,” “We,” and “Us” refer to HelloEra, llc, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  • “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.


B. User Terms

Short version
A human must create your user; you must be 13 or over; you must provide a valid email address; and you may not have more than one user user. You can have multiple organization users. You alone are responsible for your user and anything that happens while you are signed in to or using your user user. You are responsible for keeping your user user secure.


1. Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested, such as your phone number, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid user, in which case additional information will be necessary for billing purposes.


2. User Requirements

We have a few simple rules for users on HelloEra's Service.
  • You must be a human to create an account. Users registered by "bots" or other automated methods are not permitted. We do permit machine users; A user is an account set up by an individual human who accepts the Terms on behalf of the user, provides a valid email address, and is responsible for its actions. A machine user is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine user, but the owner of the user is ultimately responsible for the machine's actions. You may maintain no more than one free machine user in addition to your free user user.
  • One user or legal entity may maintain no more than one free user user (if you choose to control a machine user as well, that's fine, but it can only be used for running a machine).
  • You must be age 13 or older. We must comply with United States law and not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s user immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
    Your login may only be used by one user — i.e., a single login may not be shared by multiple people. A paid organization user may create separate logins for as many users as its subscription allows.
  • Overall, the number of Users must not exceed the number of users you've ordered from us.


3. User User Security

You are responsible for keeping your user secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your user's security, but the content of your user and its security are up to you.

You are responsible for all content posted and activity that occurs under your user (even when content is posted by others who have users under your user).

You are responsible for maintaining the security of your user and password. HelloEra cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You will promptly notify HelloEra if you become aware of any unauthorized use of, or access to, our Service through your user, including any unauthorized use of your password or user.


C. Acceptable Use

Short version
While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.


1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.


2. Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:
  • is unlawful or promotes unlawful activities
  • is or contains sexually obscene content
  • is libelous, defamatory, or fraudulent
  • is discriminatory or abusive toward any individual or group
  • contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system)
  • infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.


3. Conduct Restrictions

While using HelloEra, you agree that you will not under any circumstances:
  • harass, abuse, threaten, or incite violence towards any individual or group, including HelloEra employees, officers, and agents, or other HelloEra Users
  • use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes
  • attempt to disrupt or tamper with HelloEra's servers in ways that could harm our Website or Service, to place undue burden on HelloEra's servers through automated means, or to access HelloEra's Service in ways that exceed your authorization (other than those authorized by the HelloEra Bug Bounty program)
  • impersonate any user or entity, including any of our employees or representatives, including through false association with HelloEra, or by fraudulently misrepresenting your identity or site's purpose; or
    violate the privacy of any third party, such as by posting another user's user information without consent.


4. Services Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without HelloEra's express written permission.


5. Scraping

Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through HelloEra's API. Please see Section H for our API Terms. You may scrape the website for the following reasons:
  • Researchers may scrape public, non-user information from HelloEra for research purposes, only if any publications resulting from that research are open access.
  • Archivists may scrape HelloEra for public data for archival purposes.
You may not scrape HelloEra for spamming purposes, including for the purposes of selling HelloEra users' user information, such as to recruiters, headhunters, and job boards.

All use of HelloEra data gathered through scraping must comply with the HelloEra Privacy Statement.


6. Privacy

Misuse of HelloEra Users' User Information is prohibited.

Any user, entity, or service collecting data from HelloEra must comply with the HelloEra Privacy Statement, particularly in regards to the collection of our Users' User Information (as defined in the HelloEra Privacy Statement). If you collect any HelloEra User's User Information from HelloEra, you agree that you will only use the User Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any User Information you have gathered from HelloEra, and you will respond promptly to complaints, removal requests, and "do not contact" requests from HelloEra or HelloEra Users.


7. Excessive Bandwidth Use

If we determine your bandwidth usage to be significantly excessive in relation to other HelloEra customers, we reserve the right to suspend your user or throttle your file hosting until you can reduce your bandwidth consumption.


8. User Protection

You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.


D. User-Generated Content

Short version
You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close users if we need to.


1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.


2. HelloEra May Remove Content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any HelloEra terms or policies.


3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Content you create or own ("Your Content"). If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other HelloEra Users — certain legal permissions, listed in Sections D.4 — D.5. These license grants apply to Your Content. If you upload Content that already comes with a license granting HelloEra the permissions we need to run our Service, no additional license is required. You understand that you will not receive any charge for any of the rights granted in Sections D.4 — D.5. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it.


4. License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.

This license does not grant HelloEra the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.


5. Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant HelloEra the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.


E. Organizations

Short version
You may have access to an organization. We treat the content of an organization as confidential, and we only access it for support reasons, with your consent, or if required to for security reasons.


1. Control of Organizations.

Organizations allow the User to control access to Content.


2. Confidentiality of Organization.

HelloEra considers the contents of organizations to be confidential to you. HelloEra will protect the contents of organizations from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.


3. Access.

HelloEra employees may only access the content of your account in the following situations:
  • With your consent and knowledge, for support reasons. If HelloEra accesses an account for support reasons, we will only do so with the owner’s consent and knowledge.
When access is required for security reasons. You may choose to enable additional access to your account. For example:
  • You may enable various HelloEra services or features that require additional rights to Your Content in accounts. These rights may vary depending on the service or feature, but HelloEra will continue to treat your account Content as confidential. If those services or features require rights in addition to those we need to provide the HelloEra Service, we will provide an explanation of those rights.
  • You may also grant a third-party application authorization to use, access, and disclose the contents of your account. Your use of third-party applications is at your sole risk; HelloEra is not liable for disclosures to third parties that you authorize to access an account.


4. Exclusions

If we have reason to believe the contents of an organization are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the contents of your organization.


F. Intellectual Property Notice

Short version
We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.


1. HelloEra's Rights to Content

HelloEra and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © HelloEra, llc All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from HelloEra.


2. HelloEra Trademarks and Logos

If you’d like to use HelloEra’s trademarks, you must follow all of our trademark guidelines, including those on our logos page: https://helloera.co/logos.


3. License to HelloEra Policies

This Agreement is licensed under this Creative Commons Zero license. For details, see our site-policy repository.


G. API Terms

Short version
You agree to these Terms of Service, plus this Section H, when using any of HelloEra's APIs (Application User Interface), including use of the API through a third party product that accesses HelloEra.

No Abuse or Overuse of the API
Abuse or excessively frequent requests to HelloEra via the API may result in the temporary or permanent suspension of your user's access to the API. HelloEra, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed HelloEra's rate limitations.

You may not use the API to download data or Content from HelloEra for spamming purposes, including for the purposes of selling HelloEra users' user information, such as to recruiters, headhunters, and job boards.

All use of the HelloEra API is subject to these Terms of Service and the HelloEra Privacy Statement.

HelloEra may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of HelloEra's Service.


H. Additional Terms for Payment Processing

Short version
Payment Processing is subject to certain rules, in addition to the rest of the Terms.

Payment processing services for Providers on HelloEra are provided by Stripe and are subject to the [Stripe Connected User Agreement](https://stripe.com/connect-user/legal), which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Provider on HelloEra, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of HelloEra enabling charge processing services through Stripe, you agree to provide HelloEra accurate and complete information about you and your business, and you authorize HelloEra to share it and transaction information related to your use of the charge processing services provided by Stripe.


I. Advertising on HelloEra

Short version
We do not generally prohibit use of HelloEra for advertising. However, we expect our users to follow certain limitations, so HelloEra does not become a spam haven. No one wants that.


1. HelloEra Profiles

We offer Profiles primarily as a showcase for user and organization information.


2. Spamming and Inappropriate Use of HelloEra

Advertising Content, like all Content, must not violate the law or these Terms of Use, for example through excessive bulk activity such as spamming. We reserve the right to remove any advertisements that, in our sole discretion, violate any HelloEra terms or policies.


J. Payment

Short version
You are responsible for any fees associated with your use of HelloEra. Providers are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.


1. Pricing

Our pricing and charge terms are available at helloera.co/pricing. If you agree to a subscription price, that will remain your price for the duration of the charge term; however, prices are subject to change at the end of a charge term.


2. Upgrades, Downgrades, and Changes

We will immediately bill you when you upgrade from the free plan to any paying plan.
If you change from a monthly billing plan to a yearly billing plan, HelloEra will bill you for a full year at the next monthly billing date.

If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your user, you may lose access to Content, features, or capacity of your user. Please see our section on Cancellation for information on getting a copy of that Content.


3. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card or other approved methods of charge for fees that you authorize for HelloEra.


4. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay HelloEra any charge incurred in connection with your use of the Service. If you dispute the matter, contact HelloEra Support. You are responsible for providing us with a valid means of charge for paid users. Free users are not required to provide charge information.


K. Cancellation and Termination

Short version
We reserve the right to suspend or terminate your user.


1. HelloEra May Terminate

HelloEra has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. HelloEra reserves the right to refuse service to anyone for any reason at any time.


2. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


L. Communications with HelloEra

Short version
We use email and other electronic means to stay in touch with our users.


1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address, phone number, text message number you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

We will use your email address, phone number or text messaging number to communicate with you, if you've said that's okay, and only for the reasons you’ve said that’s okay. You may manage your communication preferences in your user profile.


2. Legal Notice to HelloEra Must Be in Writing

Communications made through email or HelloEra Support's messaging system will not constitute legal notice to HelloEra or any of its officers, employees, agents or representatives in any situation where notice to HelloEra is required by contract or any law or regulation. Legal notice to HelloEra must be in writing and served on HelloEra's legal agent.


3. No Phone Support

HelloEra only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.


M. Disclaimer of Warranties

Short version
We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

HelloEra provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

HelloEra does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.


N. Limitation of Liability

Short version
We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:
  • the use, disclosure, or display of your User-Generated Content
  • your use or inability to use the Service
  • any modification, price change, suspension or discontinuance of the Service
  • the Service generally or the software or systems that make the Service available
  • unauthorized access to or alterations of your transmissions or data
  • statements or conduct of any third party on the Service
  • any other user interactions that you input or receive through your use of the Service
  • any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.


O. Release and Indemnification

Short version
You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Users or Organizations, you agree to release HelloEra from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that HelloEra (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases HelloEra of all liability); and (3) provides to you all reasonable assistance, at your expense.


P. Changes to These Terms

Short version
We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.


Q. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and HelloEra and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Washington, without regard to conflict of law provisions. You and HelloEra agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Seattle, Washington.


2. Non-Assignability

HelloEra may assign or delegate these Terms of Service and/or the HelloEra Privacy Statement, in whole or in part, to any user or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.


3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.


4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of HelloEra to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.


5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of HelloEra, or by the posting by HelloEra of a revised version in accordance with Section R. Changes to These Terms. These Terms of Service, together with the HelloEra Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and HelloEra relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.


6. Questions

Questions about the Terms of Service? Contact a human at help@helloera.co.