The Demo means the demo environment of HR Platform, Our cloud-based software as a service provided by Us that You are accessing and evaluating under these terms (“Demo”). We are a group of companies comprised of different entities including (i) YourPeople, Inc., (ii) ManageYourPeople LLC, (iii) PayYourPeople LLC, and (iv) such other affiliates or subsidiaries of YourPeople, Inc. (referred to as “We” “Our” or “Us”).
For purposes of these terms, the words “you” or “your” refers to an interested party in Our product, that party’s employees or third party using the Demo on the interested party’s behalf in any manner, regardless of the word’s capitalization. If you are an individual and are entering into these Demo Terms (defined below) on behalf of a legal entity, you represent that you have the authority to bind such entity. In that case, the words “you” or “your” shall also refer to such entity and its affiliates and subsidiaries that use the Demo. If you do not have such authority, or if you do not agree with the Demo Terms, neither you nor such entity may use the Demo. You acknowledge that the Demo Terms are a contract between you and Us and it governs your use of the Demo.
BY ACCESSING TO AND USE OF THE DEMO, YOU ARE ACKNOWLEDGING YOUR ACCEPTANCE OF AND AGREEMENT WITH OUR DEMO TERMS AND CONDITIONS SET FORTH HEREIN (“DEMO TERMS”).
1.DEMO. We grant You a non-transferable, non-assignable, non-exclusive, and revocable license to use the personal demo environment of the HR Platform subject to these Demo Terms (“Use”). We may terminate access to and use of the Demo at any time, without notice, at Our sole discretion, and without liability to You. We may at any time put usage or volume limits in place on the use of the Demo. The Demo is entirely optional for You to access and use. You may cease use of the Demo at any time, and for any reason. You may access and use the Demo for the period that We make it available to You. If We do not remove Your access earlier, Your access will automatically end six months from the time Your unique demo link was created. We will not maintain any records of Your use of the Demo.
2. RESTRICTIONS. You shall only use the Demo for the purpose of evaluating the HR Platform for Your internal business operations. You may not permit anyone else to use the Demo. You may not share your unique Demo link with anyone else. You shall only use the Demo as expressly permitted in these Demo Terms. You shall not upload, submit, or otherwise input any personally identifying information, confidential information, or otherwise any non-public information on the Demo. No other use is permitted, including, but not limited to, reselling, reverse engineering, allowing use, distribute, sell, license to any third parties, modifying, damaging, removing, or altering, reproduce, publicly disseminate any Demo information, make any commercial use, or copy the Demo.
3. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS. We shall have sole and exclusive ownership of all rights, title, and interest in and to the Demo and HR Platform, including all software, HR Platform-provided documentation, all copies, improvements, and derivative works, including all copyright, trademark, patent, trade secret, know-how, and all other associated intellectual property rights.
4. FEEDBACK. If You provide feedback, We and Our affiliates may in our sole discretion retain and freely use, incorporate, or otherwise exploit such feedback without restriction, compensation, or attribution to the source of the feedback.
5. DISCLAIMERS. The Demo is provided to you “AS IS” exclusive of any warranty whatsoever whether express or implied, statutory, or otherwise. All implied warranties are disclaimed to the maximum extent permitted by applicable law. Any use of the Demo is at Your own risk. There is no support for the Demo. You are responsible for all actions taken in your use and accept all risks of unauthorized use. No other representation or warranty is provided in relation to the Demo.
6. INDEMNIFICATION AND LIMITATIONS. YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US AND OUR OFFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS OR PROCEEINGS OF ANY NATURE ARISING OUT OF OR BASED ON THE DEMO PROVIDED BY US HEREUNDER.
In no event will We be liable to You or any third party under any legal or equitable theory or doctrine of law, whether under contract, tort, negligence, strict liability or otherwise, for any indirect or consequential loss and damage, whether classified or called exemplary, punitive, special, indirect, consequential, remote or speculative damages, including loss of profit, loss of revenue or any other special or incidental damages, however caused or arising, on any other liability not expressly stated, and any claims arising out of or related to these Demo Terms or its subject matter, even if We have advised of the possibility of such loss or damage. In no event will Our total liability to You under these Demo Terms for all damages exceed the amount of fifty U.S. dollars ($50).
7. DISPUTES, VENUE, GOVERNING LAW AND JURISDICTION. The Terms will be governed by New York law, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. The parties hereby consent to the exclusive jurisdiction and venue in Alameda County, California.
8. MISCELLANEOUS. You cannot assign this Agreement. No waiver of any provisions of this Agreement will be deemed, or will constitute, a waiver of any other provision. If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, such determination will not affect the validity or enforceability of any other provisions of this Agreement. This Agreement represents the entire agreement between the parties.