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TERMS OF SERVICE

Last updated: March 22, 2022.

These Terms of Use (“Terms”, “Terms of Use”) govern your relationship between you and HulkApps, Inc. (“HulkApps”, “us”, “we”, or “our”, a Chicago-based Cooperation in relation to the use of https://www.hulkapps.com website (the “Service”) as operated by HulkApps.

These Terms of Use are applicable to visitors, users, and others who access or use the Service, Apps, themes, and others.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

1. Eligibility

In order to use the Service, you must:

• be at least eighteen (18) years old and able to legally undergo contractual obligations;
• agree to these Terms;
• provide true, complete, and up-to-date contact and information; and
• not be – either individually or as part of a group, entity or state, subject to EU, US, and UN sanctions, embargoes, and bans that prohibit the use of this Service

By using the Service, you represent and warrant that you meet all the requirements listed above and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

HulkApps may refuse service, close accounts of any users, and change eligibility requirements at any time.

2. Subscriptions

Some parts of the Service are billed on a subscription basis (“Plan(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set on a monthly basis, depending on the subscription plan you select when purchasing a Subscription. A minimum number of Billing Cycles may apply to a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or HulkApps cancels it. You may cancel your Subscription renewal either through your online account settings page or by contacting HulkApps’s customer support team, taking into account a notice period of at least 30 days.

A valid payment method, including a credit card, Shoppay, GooglePay, or ApplePay, is required to process the payment for your Subscription. You shall provide HulkApps with accurate and complete billing information including full name, address, state, zip code, country, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize HulkApps to charge all Subscription fees incurred through your account to any such payment instruments.

3. Free Plan

HulkApps may, at its sole discretion, offer a Subscription free of charge (a “Free” plan). You will not be charged by HulkApps for using the Free plan.

At any time and without notice, HulkApps reserves the right to (i) modify the terms of use of the Free plan offer, or (ii) cancel such Free plan offer.

4. Fee Changes

HulkApps, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change shall become effective at the end of the then-current Billing Cycle.

HulkApps shall provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such modifications become effective.

Your continued use of the Service after the modification of the Subscription fee comes into effect constitutes your agreement to pay the modified Subscription fee amount.

5. Authorized use of the Service

You may only use the Service for lawful purposes and in a manner consistent with the nature and purpose of HulkApps.

You must not use the Service to assess candidates for any jobs which are unlawful, unsafe, offensive, discriminatory, or inappropriate.

You must not use the Service to solicit information from candidates that could be used to discriminate against them.

Unauthorized use of the Service may be a criminal offense and/or give rise to a claim for damages.

    5.1. Limited responsibility clause

HulkApps discourages and disapproves any unauthorized use of copyright protected content on your ecommerce websites. With the nature of services, apps and themes HulkApps ltd., provides, merchants have full control to choose whether or not they will use our products to upload any trademarks, logos, service marks, trade dress, slogans, copyrighted designs or other copyrighted features obtained without written consent. HulkApps ltd will not be held as responsible for any possible damages that may come of unauthorized use of the copyrighted content, and responsibility fully relies on the side that has published such content. HulkApps ltd will do everything in its power to terminate these actions, and provide rightful resolutions to all parties involved, when rightly notified.
Please note:
In the case of copyright violations with the use of our apps, HulkApps will act in accordance with applicable laws including but not limited to removal of the above mentioned infringed content, or termination of your account on our Service, and/or give rise to a claim for damages.

6. Accounts

When you sign up for any application, theme or any other service you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

7. Intellectual Property on the Service

The Service and its original content, features, and functionality are and shall remain the exclusive property of HulkApps and its licensors. The Service is protected by copyright. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HulkApps. You agree that HulkApps shall hold the exclusive property rights to the (aggregated and anonymized) test scores and may use these for performing and improving its Services (e.g. benchmarking of scores).

9. Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by HulkApps.

HulkApps has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that HulkApps shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms of use and privacy policies of any third-party websites or services that you visit.

10. Data Protection

You acknowledge that information about you and the Content posted will be collected, held, and used by us in accordance with our Privacy Policy.

11. Termination

We may terminate or suspend your account, without prior notice or liability, for any reason, including without limitation if you breach the Terms.

Upon termination, your right to use the Service shall immediately cease. If you wish to terminate with the use of our apps, themes and other services, you may simply discontinue using the Service, and notify us accordingly.

12. Limitation Of Liability

In no event shall HulkApps, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. 

13. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of success, or course of performance.

HulkApps its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

14. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 541 N Fairbanks Ct Chicago Illinois US 60611.

All disputes between HulkApps and you (whether or not such dispute involves a third party) shall be submitted exclusively to the competent court of law in Chicago, state of Illinois 60611.

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms shall remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

15. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change shall be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

16. Partial invalidity

If, at any time, any provision of the Terms is or becomes illegal, invalid, or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity, or enforceability of the remaining provisions nor the legality, validity, or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.

17. Contact Us

If you have any questions about these Terms, please contact us.