Talera.io Terms of Service

Thank you for using Talera!

Talera's products and services are provided by Launch Labs, Inc. DBA Axiom Zen (“Talera”/“we”/“us”). These Terms of Service ("Terms"/“Agreement”) govern your access to and use of Talera's app (“App”), products and services, including our various websites, applications, APIs, email notifications, 3rd party integrations, and widgets, (collectively, the "Services"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not accept these Terms or our Privacy Policy, then do not access or use any of our Services.

Registering for an Account

In order to use the Service, you must register for an account using the Talera app. You must have the authority to bind yourself to these Terms. If you are registering for an account on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity, its affiliates, and all users who access our Services through such account to these Terms, in which case the terms "you", "your" and “user” shall refer to such entity, its affiliates, and users associated with it.

You may stop using our Services at any time by disconnecting any emails being forwarded to your Talera email address and deleting the App. Upon request, we will make commercially reasonable efforts to provide you with a copy of any data you may have created and to delete any remaining data from our servers.

By using Talera, you give us permission to use your company’s name and/or logo on our website and other marketing materials identifying you as one of our users. No endorsement or affiliation is implied and your trademarks and copyrights remain your property.

Accounts

Talera is free to install and begin using. Every feature currently offered will remain free for now. Additional paid features will be offered. These will be listed in Talera and are subject to change at any time.

User Content

All information, data (including data scraped by Talera based on user provided data), text, software, music, sound, photographs, graphics, video, messages or other materials, uploaded, posted or transmitted to the Service by viewers or users (“User Content”) is the sole responsibility of such viewers or users. This means that the viewer or user, and not Talera, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Talera does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Talera be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.

Restrictions on User Content

Talera reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

Restrictions on Use of the Service

In using the Talera Service you must not:

You also agree not to access the Service in a manner that utilizes the resources of the Service more heavily than would be the case for an individual person using the App.

License of Content

By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content as needed to provide the Talera services. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

End User License

Except for User Content, the App, Services, and the information and materials contained therein, are the property of Talera and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Talera grants you a non-transferable, non-exclusive, license to (a) use the App and the Services (the “License”). Nothing in the Terms gives you a right to use the Talera names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the App and/or the Services.

Feedback

If you provide Talera with any suggestions, comments or other feedback relating to any aspect of the App, and/or Services ("Feedback"), Talera may use such Feedback in the App, Services or in any other Talera products or services (collectively, "Talera Offerings"). Accordingly, you agree that: (a) Talera is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Talera, (c) Talera (including all of its successors and assigns and any successors and assigns of any of the Talera Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Talera Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from Talera or any other person in respect of the Feedback.

Availability

We use commercially reasonable efforts to make the Services available on a 24x7 basis (twenty-four hours per day, seven days per week), except for: (i) scheduled system back-up or other on-going maintenance as required by Talera, and of which notice will be provided to Client, or (ii) for any unforeseen cause beyond Talera's reasonable control, including but not limited to, internet service provider or communications network failures, denial of service attacks or similar attacks, or any force majeure events set forth in this Terms of Service.

Termination

Talera may, under certain circumstances and without prior notice, immediately terminate your ability to access the App, Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or any other agreement that you may have with Talera (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by you to Talera), (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the App, Services (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination of your access to the App and/or Services may also include removal of some or all of the materials uploaded by you. You acknowledge and agree that all terminations may be made by Talera in its sole discretion and that Talera shall not be liable to you or any third-party for any termination of your access to this App and/or Services or for the removal of any of the materials uploaded by you to the App and/or Services. Any termination made by Talera shall be in addition to any and all other rights and remedies that Talera may have.

DISCLAIMER OF REPRESENTATIONS

THE APP, SERVICES AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." TALERA SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. TALERA DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR IN RESPECT TO ANY SERVICE THAT CAN BE REACHED FROM A LINK ON THE APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE APP, AND TALERA SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. TALERA WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL TALERA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS APP OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SERVICE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE APP OR THE SERVICE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE APP OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE APP OR THE SERVICE. THESE LIMITATIONS SHALL APPLY EVEN IF TALERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TALERA'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID TALERA IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNIFICATION

YOU SHALL INDEMNIFY AND HOLD TALERA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS.

General

These Terms, together with our Privacy Policy, and any payment obligations by you, constitutes the entire agreement between the parties relating to the App and Service and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by Talera. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Talera to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Talera must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Talera's prior written consent. Talera may assign these Terms to anyone for any reason.

Changes to these Terms

If we make material changes to our Terms of Service, we will notify you by email or by posting a notice on our site or blog. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Services after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.talera.io/tos-privacy

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.

Last updated April 28 2016


Privacy Policy

The terms “Talera,” “we,” and “us” include Lighthouse Labs, Inc. and our affiliates and subsidiaries. The Privacy Policy explains how Talera may collect, use, and disclose Information we obtain through our service.

“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.

OUR SERVICE COLLECTS YOUR INFORMATION

We collect Personal Information when you:

We also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use our service.

Sales and Marketing. When you request sales information from us you may need to provide Personal Information, such as your name, company name, and email address.

Job Applicants. When you apply for a job with a company using Talera you may need to provide Personal Information, such as your name, resume, social media links, phone number, and email address.

Customer Support. We may collect Personal Information through your communications with our customer-support, marketing, and sales teams.

Cookies, Automatic Data Collection, and Related Technologies. Our website and app collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics.

When you visit our website or use our app, we and our third-party service providers receive and record information on our server logs, including your IP address, and from cookies and similar technology.

By using our service, you are authorizing us to gather, parse, and retain data related to the provision of our service and app.

HOW TALERA USES YOUR INFORMATION

We use Personal Information to:

We may use aggregate information for any purpose, including for marketing purposes.

Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes and may provide it to third parties to allow us to facilitate our app. We may use and retain any data we collect to provide and improve our services.

Communications. We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.

Marketing. We may use your Personal Information and data collected through cookies and similar technology for our advertising or marketing purposes including on other websites or media, and we may communicate with you to provide you with information we think may be of interest to you.

Aggregate Data. We may anonymize and aggregate data collected through our service and use it for any purpose.

TALERA MAY DISCLOSE YOUR INFORMATION

We may share your information:

We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes.

We may share information collected by cookies and similar technology with third parties for their marketing purposes.

With Employers. When you choose to apply for a job with an Employer that uses Talera, we may share any information you provide or that was scraped automatically during the application process with the company that posted the opening you applied for. We cannot guarantee the accuracy of any automatically scraped information, and try to provide you with an opportunity to review and verify your information.

We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of our app.

Social Networking and Other Websites. Our app may allow you to post information to social networking websites, such as sharing a job listing. We do not share your information with them unless you direct our app to share it. Their use of the information will be governed by their privacy policies, and we do not control their use of the shared data.

Marketing and Advertising. We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes. We may share data collected through cookies and similar technology with third parties to allow them to advertise or market to you on our app or other sites as you browse the web.

As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours, ours or others’ rights, property, or safety.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.

We may also disclose your Personal Information with your permission.

SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us.

By using our app or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our app. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our app or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at info@talera.io.

CHILDREN’S PRIVACY

We do not knowingly collect information from children under 13 and we do not want it. We will take steps to delete it if we learn we have collected it.

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of our app is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at info@talera.io. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION

If you would like to update or correct any information that you have provided to us through your use of our app or otherwise, or if you have suggestions for improving this Privacy Policy, please send an email to info@talera.io.

CHANGES TO OUR PRIVACY POLICY AND PRACTICES

We may revise this Privacy Policy, so review it periodically.

Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted. If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.

New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

CONTACT INFORMATION

Talera

788 Beatty St. Suite B1

Vancouver BC V6B 2M1

CANADA