Terms of Use

Last update: 27 November 2020

IMPORTANT – READ CAREFULLY BEFORE YOU INSTALL OR USE THIS APPLICATION: these terms of use are a legal agreement between you and NowMax (the “Terms”).

By clicking the “I agree” button, accessing, installing or downloading the Application or otherwise using our Service, you agree to be bound by the Terms. If you do not agree to these Terms, then you are not allowed to access or download the Application or otherwise use the Service and NowMax does not license the Service to you.

1. DEFINITIONS

The following definitions shall apply in these Terms regardless of whether they are used in their plural or singular form:
Access Token means temporary credentials with limited possibilities with which an Interviewee can access the Service.
Account means the personalised log-in credentials with which an Interviewer accesses the Service.
Administrator means a User who can create Accounts within the Organization.
Application means the NowMax application being either the Mobile App or the Browser App.
Browser App means a web browser application containing limited functionality of the Mobile App.
Device means any compatible device on which the Application is installed and/or accessed.
Documentation means any user manual or other information that NowMax makes available to you in connection with the Service.
High-Quality Recording means the recording of the Interview by the Mobile App installed on a Device.
Intellectual Property Rights means all intellectual or industrial property right or equivalent, whether registered or unregistered, including but not limited to: (i) copyright (including moral rights), patents, database rights and rights in trademarks, logos, designs, other artwork, know-how and trade secrets and other protected undisclosed information; and (ii) applications for registration, and the right to apply for registration, renewals, extensions, continuations, divisions, reissues, or improvements for or relating to any of these rights.
Interview means the online conversation between an Interviewer and an Interviewee via the Application including the Real-Time Video Call, the High-Quality Recordings and the Low-Quality Recordings, the upload of the High-Quality Recordings from the Application to the Server, the creation of Outputs based on the Recordings and the distribution of the Outputs to the Interviewer.
Interviewee means any person having received an invitation, which can contain an Access Token, for an Interview by an Interviewer, using the Service as an interviewee.
Interviewer means any person using the Service as an interviewer and having been duly authorized by the Client to do so.
Low-Quality Recording means the recording of the Interview by the Server.
Mobile App means the version of the NowMax application installable/installed on Android or iOS.
NowMax, we, us or our means NowMax BV, a company organized and existing under the laws of Belgium having its registered office in 2980 Zoersel, Fazantendreef 12, Belgium and company number 0696.764.460.
Organization means (i) the Interviewer, if the Interviewer purchased his/her Account directly from NowMax; or (ii) the employer of the Interviewer or any other (legal) person for whom the Interviewer renders professional services and that has entered into a legal agreement with NowMax for the purchase of the Account.
Output means a Recording processed (trimmed, synchronized, enhanced, etc.) by the Server.
Privacy Policy means NowMax’ privacy policy for the Service, available via www.NowMax.app.
Real-Time Video Call means the real-time audio/video call between Interviewer and Interviewee via the Application.
Recording means any part of an Interview that has been recorded via the Service, being a High-Quality Recording or a Low-Quality Recording.
Server means the SaaS infrastructure operating in a third-party datacenter to provide the Service.
Service means the SaaS service delivered by NowMax and accessible by Users via the Application.
Terms means these terms of use, as may be amended from time to time by NowMax and available via www.NowMax.app.
User, you or your means the individual accessing and/or using the Service, being either (i) an Interviewer, (ii) an Interviewee or (iii) an Administrator.

2. SCOPE

2.1 These Terms are applicable to installation of the Mobile App, the access to and the use of the Service by any User. For the avoidance of doubt, the purchase of the Account and the payment of the applicable fees is governed by a separate legal agreement between NowMax and the Organization.
2.2 The Service is not (intended to be), and shall not be used as, an emergency calling service.
2.3 You represent that you have reached the age of majority in your jurisdiction and that you are fully able and competent to understand and agree to these Terms.

3. YOUR ACCOUNT AND YOUR INVITATION

3.1 An Interview can only be initiated by an Interviewer having received valid Account credentials from his/her Organization.
3.2 Each Interviewer is solely responsible for maintaining the confidentiality of his/her Account and for restricting access to his/her Devices. If you have reason to believe that your Account is no longer secure (e.g. in case of loss or theft of any Device or of your password), you should immediately notify your Organization. You acknowledge that you are liable for the losses and/or damage incurred by NowMax and others due to any unauthorized use of your Account.
3.3 Before the Interview, the Interviewee will receive a personal invitation of the Interviewer. The invitation shall not be transmitted to any third party. The Interviewee shall immediately notify the Interviewer if s/he has reasons to believe that any other person has obtained access to the invitation.

4. LICENSE GRANT

4.1 Subject to the Terms, NowMax grants the User a worldwide, revocable, non-exclusive, non-transferable, limited license (without the right to sub-license) to download and install the Mobile App and use the Browser App and Service strictly in accordance with these Terms and any accompanying Documentation.
4.2 Each User grants NowMax (and its sub-contractors) a worldwide, non-exclusive, transferable, sub-licensable, royalty-free, limited license to upload, download, store, use, combine, edit, reproduce and otherwise process information and data that you show, upload, send or receive in any form during any Interview to the extent reasonably required for the performance of NowMax’ obligations and the exercise of NowMax rights under this Agreement.

5. OWNERSHIP OF THE SERVICE

5.1 The Service is licensed (as described above), not sold, to the Organization and to you by NowMax for use in accordance with these Terms.
5.2 The Service and all Intellectual Property Rights vested therein are the sole and exclusive property of NowMax and/or its licensors and are protected by the applicable copyrights and other applicable rights in accordance with local, national and international legislation. NowMax and/or its licensors do not grant any other rights to the Service than granted pursuant to these Terms.

6. USE OF THE APPLICATION

6.1 Accounts and service fees
Accessing and using the Service shall only be possible if and to the extent the Interviewer’s Organization has purchased sufficient Accounts and has fulfilled its other contractual (including its payment) obligations.
Depending on the fee model chosen by the Interviewer’s Organisation, the number of downloads for each Output may be limited to five. Extra fees may apply for additional downloads.
The following shall only apply to Interviewers:
– You may only use the Service in the context of your professional activities for your Organization and you shall respect any additional obligations and/or restrictions imposed by your Organization with respect to your use of the Service;
– Every time you hold an Interview via the Service, fees will be charged to your Organization. Such fees may vary depending on several factors, including the duration of the Interview, the Recording(s) and Output(s) made during such Interviews;
– By starting an Interview, you warrant that you have been authorized to do so by your Organization and that you shall respect any additional obligations and/or restrictions imposed by it;
– For more information about your Account and the applicable fees, please contact your Organization.
6.2 Devices and other fees
The Service requires that each User has or obtains a compatible Device and internet access, as further detailed in the Documentation. Stable high-speed internet access according to the requirements described in the Documentation is required. The performance of the Service may be affected by such external factors.
The Service requires significant amounts of internet data (either mobile data or Wi-Fi data) during an Interview, both during the Real-Time Video Call as during the upload of the Recordings. Hence, we recommend to switch off your mobile data prior to the start of the Interview and to only use Wi-Fi when using the Service.
You are responsible for all mobile data fees, internet fees and any other taxes and fees associated with your use of the Service and/or the Device(s). NowMax cannot be held liable for any such charges or fees.
6.3 Recording
Upon request of the Interviewer (part or all of the) the Interview can be recorded. The Recording will only start after the Interviewee has given his/her explicit consent thereto. If, as an Interviewee, you wish to stop the Recording, you must end the Interview. Please note that ending the Interview does not delete any Recording(s) made before the end of the Interview and that such Recording(s) will be uploaded and further processed as set out below.
Each User accepts that NowMax shall have the right to:
– store the High-Quality Recording (i) of the Interviewer’s part on the Interviewer’s Device and (ii) of the Interviewee’s part on the Interviewee’s Device;
– to (automatically) upload such High-Quality Recordings from these Devices to the Server;
– to create Outputs based on the High-Quality Recordings;
– to provide the Outputs to the Interviewer.
In addition, each User accepts that NowMax shall also have the right to store, and provide the Interviewer with the Low-Quality Recordings made directly during the Interview.
Each User is responsible for compliance with all recording laws.
6.4 Device settings
The Interviewee acknowledges and accepts that, during the Interview only, the Interviewer is able to remotely adjust certain sound and image settings of the Interviewee’s Device.
6.5 User Content
NowMax is not responsible for any data, information and content in any form that is sent, transmitted or otherwise shared by and between Users via the Service (“Content”) and you acknowledge and agree that you are solely responsible for your Content.
6.6 User obligations and restrictions
While using the Service, Users are obliged to comply with any applicable local, national or international laws and regulations and behave respectfully towards other Users.
The following actions may not be performed by the User directly or indirectly:
– using the Service in any way that (i) would violate intellectual property rights of any (third) party; (ii) is otherwise unlawful, illegal, fraudulent or harmful; or (iii) is in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
– using the Service to distribute any form of spam or unwanted commercial information;
– registering as another person or trying to access an Account from another person;
– violating privacy and data protection rights of other Users or trying to collect personal data of other persons either manually or automatically by using a ‘robot’, ‘spider’, ‘crawler’, search or retrieval applications, or by using any other (automatic) tools, processes or methods to access the Service and any data or information;
– hindering or disturbing the Service, the servers or networks hosting the Service;
– impersonating as another person or entity;
– breaching or otherwise circumventing any technical limitation or security or authentication measures;
– modifying the Service or develop any derivative works based on the Service;
– using the Service in any other way than expressly authorized in these Terms;
– decompiling, disassembling, translating, reverse engineering or attempting to reconstruct, identifying or discovering, copying, creating derivative works based upon the source code of the Service, underlying ideas, underlying user interface techniques or algorithms of the Service by any means whatsoever (except to the extent such restriction is prohibited under applicable law), or disclose any of the foregoing;
– taking any action that would cause the Service, or the source code to be placed in the public domain,
– removing proprietary notices (including copyright notices) of NowMax; and/or
– distributing, selling, leasing, commercializing, renting, displaying, licensing, sublicensing, transferring, providing, disclosing, or otherwise making available to, or permit the use of, or access to, the Service, in whole or in part, to any third party, except as expressly permitted in these Terms.

7. SUPPORT AND AVAILABILITY

7.1 Please note that NowMax does not provide support services to Interviewees. If you use the Service as an Interviewee, please contact the Interviewer and/or the Organization if you encounter issues while using the Service. NowMax shall provide support services on a best-efforts basis as further agreed between NowMax and the Organisation.
7.2 NowMax shall make commercially reasonable efforts to ensure a continued availability of our Service. However, NowMax does not guarantee that the Service shall be accessible or available at any time, any place or on any User device. If you encounter issues in accessing the Service or have questions about availability, please contact the Organization.

8. MODIFICATIONS TO THE SERVICE

8.1 NowMax reserves the right to make any modifications, adaptations, corrections or any other alterations to the Service (including, but not limited to, adding or removing certain functionalities) at any time and without notice.
8.2 NowMax shall not be held liable for any loss or damage arising out of aforementioned modifications.

9. INDEMNIFICATION

You agree to indemnify and hold harmless NowMax and its employees, managers, officers and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following:
– your Content or your access to or use of the Service;
– your breach or alleged breach of these Terms;
– your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
– your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; and/or
– any misrepresentation made by you.

10. WARRANTIES

THE SERVICE IS MADE AVAILABLE TO YOU “AS IS”. NOWMAX DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE AND THE ACCOMPANYING DOCUMENTATION. NOWMAX DOES NOT GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE AND/OR UNINTERRUPTED.

11. LIMITATION OF LIABILITY

THE USER ACKNOWLEDGES THAT TO THE EXTENT PERMITTED BY LAW, NOWMAX SHALL NOT BE LIABLE TO THE USER FOR ANY DAMAGE INCURRED IN CONNECTION WITH AND/OR ARISING FROM HIS/HER USE OF THE APPLICATION AND/OR THE SERVICE.

12. PRIVACY AND DATA PROTECTION

In order to be able to provide our Service, we collect and process personal data of our Users.
To learn more about our use of personal data and your rights, please read our Privacy Policy.

13. CHANGE OF TERMS

13.1 NowMax reserves the right to change these Terms. Any material change will be notified thirty (30) days prior to entering into force. Please note that we may not be able to provide such notice for changes to these Terms that are required to address technical evolutions of the Service or for changes made for legal reasons, both of which will become effective immediately.
13.2 By accessing or otherwise using the Service after the Terms have been changed in accordance with this clause, you confirm to be bound by the amended Terms. If you do not agree with any of the amended Terms, you must stop using our Service.

14. TERMINATION

14.1 NowMax reserves the right to immediately terminate or suspend your access to our Service if you do not comply with these Terms.
14.2 In the event the agreement entered into between NowMax and the Organization terminates or expires or, in case you are an Interviewee, if your Access Token expires, you will no longer have the right to access and/or use to our Service.

15. OTHER

15.1 Unless a mutually executed agreement between you and NowMax states otherwise, these Terms (including the Documentation and the Privacy Policy) make up the entire agreement between you and NowMax regarding our Service and supersede any prior agreements.
15.2 Nothing in these Terms will prevent NowMax from complying with the law. Our Service is not intended for distribution to, or use in, any country where such distribution or use would violate local law. NowMax reserves the right to limit our Service in any country, including for, but not limited to, regulatory reasons.
15.3 Any amendment to or waiver of our Terms requires our express consent. If NowMax fails to enforce any of its Terms, it will not be considered a waiver.
15.4 All of NowMax’ rights and obligations under our Terms are freely assignable by NowMax to any of its affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third party. If you do not agree to such an assignment, you must stop using our Service. You do not have the right to transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.
15.5 If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.
15.6 We always appreciate your feedback or other suggestions about our Service. However, you acknowledge that you are under no obligation to provide us with such feedback or suggestions and you agree that we may use your feedback or suggestions without any obligation to compensate you for them.
15.7 We reserve all rights not expressly granted by us to you.

16. CHOICE OF LAW AND FORUM

These Terms are governed by the Laws of Belgium, without regard to its choice of law provisions. All disputes concerning the validity, interpretation, enforcement and termination of these Terms will be subject to the exclusive jurisdiction of the courts of Antwerp (Belgium), division Antwerp.

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