Pre-Amble 

Thank you for choosing to be part of our community at VirtuHire, a website owned and operated by Cloud Shift Inc. (“we”, “us”, or “our”). We are committed to protecting your Personal Information and your right to privacy. 

This privacy policy (the “Privacy Policy”) contains information regarding how we collect, use and disclose your Personal Information on the VirtuHire website (the “Site”), so please read it carefully. 

1. Application 

1.1 Privacy Policy Relevance

This Privacy Policy applies to Personal Information collected by us and this Site about our employer clients, individual clients, recruiting clients and Site users. This Privacy Policy does not apply to the Personal Information of our employees. 

* Employer Clients include entities and businesses using VirtuHire’s services with the intention of hiring employees and independent contractors directly. 

* Individual Clients include individuals using VirtuHire’s services for personal purposes, job seekers, individuals providing content to an Employer Client or Staffing Client, and individuals participating in a video interview as a guest. 

* Recruiting Clients include staffing entities and businesses using VirtuHire’s services to offer staffing solutions to their own clients. 
 

1.2 Site and Apps Not Directed to Minors 

The Site and the services and applications (“Apps”) offered through this Site are developed for businesses and individuals seeking to hire employees and independent contractors and for individual job seekers. This Site is not intended for individuals under the age of 16. 

2. Personal Information Collected and How it is Used

We may collect your Personal Information when you access this Site, contact us, register on this Site, use our products, services and Apps offered through this Site or you otherwise provide us with your Personal Information. 
 

2.1 Personally Identifiable Information 

Personally Identifiable Information (“Personal Information”) refers to any data that either directly identifies you or could be used in combination with other information to identify you as an individual or entity. 

Personal Information includes but is not limited to your name, address, business name (if applicable), email address, phone number, credit card number, bank account details, personal identification numbers (such as social insurance numbers or driver's license numbers), your IP address (Internet Protocol address) and in instances of participation in interviews or recorded interviews, your voice. 

Personal Information does not include publicly available information obtainable through federal, provincial, or municipal public record distribution channels; information that, by itself, cannot identify you as an individual, entity or business; raw data aggregated for statistical purposes that can no longer be associated with you as a unique individual;  
 

2.2 Information Collected 

We collect only such Personal Information as we deem to be reasonably required in the circumstances for the purpose(s) for which it is collected. 

We collect both Personal Information and other data that, on its own, would not qualify as Personal Information. 

When creating an account on the Site and engaging with any of our services and Apps, we collect Personal Information provided by you for customer identification and communication regarding the utilization of our services. We reserve the right to request additional details from you. 

For our business clients, we collect Personal Information from you to facilitate payment processing for the provision of our services. 

We do not collect financial information from individuals who use the free services offered on the Site. 
 

2.3 How do we Use your Information 

2.3.1 We use your Personal Information for the following purposes: 

1. For the performance and delivery of our products and services and related services. 

2. To process transactions for the purchase of goods and services. 

3. To perform activation services and generate reports. 

4. To improve our products, services and website. 

5. To enter and maintain contractual relationships with our clients. 

6. To inform clients of, or offer goods or services. 

7. To comply with our statutory obligations or any lawful order. 

8. To provide information reasonably required by investors planning to invest or who have invested, directly or indirectly, in any of our entities, businesses or assets. 

9. To generate anonymized or statistical data. 
 

2.3.2 Transfer of Personal Information to Affiliates, Related Entities and Business Partners 

Your Personal Information will be accessible to our affiliates, related entities and business partners, as required for the delivery of our products and services. 
 

2.3.3 Transfer of Personal Information to Third Party Service Providers 

Your Personal Information may be collected by or transferred to third party service providers for processing. Such uses include: 

1. The delivery of our products and services. 

2. The de-identification of personal information. 

3. The maintenance, review and development of our systems, procedures and infrastructure, including testing or upgrading out computer systems. 

Unless permitted or required by the applicable laws, we do not use Personal Information for other purposes. 
 

2.3.4 How do we use your Personal Information for Marketing 

We may, occasionally, send you information or marketing messages by electronic means (this includes email, telephone, text message (SMS) or automated calls about our products and services and special offers. 

Our Affiliates, related entities, and other entities which we have carefully selected (collectively, “Our Group”), may also send you information or marketing messages, depending on whether you have consented. 

We may also send you information via email/SMS/other automated means to ask about your marketing preferences. You can confirm whether you would like us and any of the entities of Our Group to send you information or marketing messages by checking the appropriate option. 

If you have consented to receive information or marketing messages from us, or any of the entities of Our Group, you can opt out at any time. 
 

2.3.5 Disclosure of Personal Information 

We do not disclose Personal Information to any organization or person for any reason except as set out in this Privacy Policy, where we have obtained your express consent, or where otherwise permitted by law. Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted without your consent or where we are obliged to disclose your Personal Information without consent. 

Where obliged or permitted to disclose Personal Information without consent, we will not disclose more Personal Information than is necessary for the relevant purposes of such disclosure. 
 

2.5 How Long do We Keep your Personal Information? 

We will only keep your Personal Information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). 

We may destroy, delete, erase, or convert information to an anonymous form when your relationship with us ends. 

If your account is terminated, stored content may be permanently deleted without notice. 
 

2.6 Cookies 

 Cookies are pieces of data stored on your device that enable websites to identify your browser and session. You have the option to configure your browser settings regarding cookie acceptance. 
 

 2.6.1 Purpose of Cookies 

We use cookies for purposes including password protection, user preferences, audience estimation and content improvement. 
 

 2.6.2 Google AdWords Marketing 

 We may utilize Google AdWords marketing campaigns, which involve the placement of cookies to facilitate your return to our website. 
 

 2.6.3 Browser and Session Information 

We may collect information about your browser and session to enhance user experience and prevent fraudulent activities. 

 2.6.4 IP Addresses 

 We maintain a log of IP addresses to diagnose service issues, estimate website traffic, determine access privileges, and prevent fraud and abuse. 
 

3. Consent 

By using our Site, services, Apps, or otherwise interacting with us, you consent to the collection, use and disclosure of your Personal Information by us in accordance with the terms of and for the purposes set out in the Privacy Policy. If we wish to collect, use or disclose your Personal Information for any additional purposes, we will obtain your express consent (by verbal, written or electronic agreement). 

You are free to refuse or withdraw your consent, subject to legal and contractual restrictions. The refusal or withdrawal cannot be applied retroactively. In cases where your Personal Information is required to provide the products or services you requested, we may not be able to provide those products and services to you without your Personal Information. We will inform you of the consequences of refusal or withdrawal as appropriate. 

Where consent is obtained by us from a client for the processing of that Personal Information by us, we will undertake reasonable measures to ensure that the consent on which we rely – as the basis for the collection, use or disclosure – is in compliance with applicable privacy laws, as appropriate. 

If you do not agree to the terms of this Privacy Policy, you should exit the Site, all portals, and cease use of all of our services immediately, or contact us to withdraw your consent where applicable. Your continued use of the Site following the posting of any changes to this Privacy Policy means you agree to be bound by the terms of this Privacy Policy to the greatest extent permitted by law. 

4. Access to Personal Information 

Subject to applicable data protection laws, you may have certain rights related to your Personal Information. This includes the right to access, correct and receive a copy of your Personal Information, the right to deletion of your Personal Information, the right to data portability, the right to restrict the processing of your Personal Information, and the right to object or withdraw consent to the processing of your Personal Information. If you have questions regarding how to exercise your rights with us or wish to submit a request, please contact our Privacy Officer at info@cloudshift.net. 

We endeavour to ensure that all Personal Information provided by or about you and in its possession is accurate, current and complete, as necessary for the purposes for which we use that Personal Information. If we become aware that Personal Information is inaccurate, incomplete or out of date, we will revise the Personal Information and, if necessary, use our best efforts to inform third party service providers or contractors which were provided with inaccurate information to enable those third parties to also correct their records. 

We permit the reasonable right of access and review of Personal Information held by us and will endeavour to provide the Personal Information in question within a reasonable time, generally no later than 30 days following the request subject to applicable data protection laws. To guard against fraudulent requests for access, we may require sufficient information to allow us to confirm that the person making the request is authorized to do so before granting access or making corrections. 

We will provide copies of the Personal Information in our possession in a form that is easy to understand or in a summary form where appropriate. We reserve the right not to change any Personal Information but will append any alternative text the individual concerned believes to be appropriate. We will not charge you for verifying or correcting your information, however, to the extent permitted by applicable law, there may be a minimal charge imposed if you need a copy of records. 

5. Security and Data Protection 

5.1 We prioritize the safeguarding of your anonymity and Personal Information. We implement appropriate, commercially reasonable safeguards and security measures in line with standard information practices to protect the information we gather about you. These measures encompass both technical and procedural steps aimed at preventing misuse, unauthorized access or disclosure, loss, alteration, or destruction of your data. 

 5.2 For security reasons, we do not publicly disclose all of our security measures. We employ commercially reasonable industry standard measures to ensure the protection of your Personal Information. We also conduct routine audits of our systems to maintain their integrity. 
 

 5.3 Security Breaches 

A “breach of security safeguards” is defined as the loss of, unauthorized access to or unauthorized disclosure of Personal Information resulting from a breach of an organization’s security safeguards or from a failure to establish those safeguards. In case of a breach of security safeguards involving Personal Information under our control, we will notify you and the appropriate federal or provincial Privacy Commissioners in Canada if it is reasonable in the circumstances to believe that the breach creates a real risk of significant harm to you, including physical, financial or reputational harm. We will also notify any other organization or government institution that can reduce the risk or mitigate the harm from the breach. 

For individuals located in the European Economic Area: we will also comply with the documentation and notification requirements of articles 33 and 34 of the General Data Protection Regulation (“GDPR”) in the case of a personal data breach as defined in the GDPR. 

6. Links to other Websites 

We may provide links to, or automatically produce search results for third party websites or resources or third party information referencing or linking to third-party websites or resources. We have no control over such third-party websites and resources, and website users acknowledge and agree that we are not responsible for the content or information contained on any third-party websites or resources. This Privacy Policy does not apply to third-party websites, and we encourage you to read the privacy statements or other disclaimers of such other third parties. We are not responsible for privacy or security practices or the content of others’ websites, services or products. 

Conflicts and Interpretation of Privacy Policy 

Should there be any inconsistency between this Privacy Policy and Canada’s federal and provincial privacy laws, as applicable, this Privacy Policy shall be interpreted to give effect to, and comply with, such privacy laws. 

To the extent of any conflict between the Privacy Policy in English and any version in another language, the English version shall prevail. 
 

Changes to Privacy Policy 

You can review the most current version of the Privacy Policy of Service at any time on this Site. 

We reserve the right, at our sole discretion, to update, change or replace any part of this Privacy Policy by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to this Privacy Policy constitutes acceptance of those changes. 
 

Governing Law 

This Privacy Policy shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of laws rules. 
 

Contact us  

In the event of questions about: (i) access to Personal Information; (ii) our collection, use, disclosure or storage of Personal Information; or (iii) this Privacy Policy; please contact our Privacy Officer by sending an e-mail to info@cloudshift.net. 

Last Updated: June 13, 2024 

This Service Level Agreement (“SLA”) is a policy governing the use of VirtuHire under the terms of the Master Services Agreement (the “Agreement”) between Cloud Shift Inc. (“Vendor”) and Customer. This SLA is effective as of the Effective Date of the Agreement. 

1.0 Definitions 

1.1 “Customer” refers to the entity that has entered into the Agreement with Vendor for the use of VirtuHire. 

1.2 “Downtime” means the time period during which VirtuHire is not available to Customer, excluding Scheduled Maintenance, Emergency Maintenance, and any other downtime exclusions as defined below. 

1.3“Emergency Maintenance” means maintenance that is necessary to address urgent issues that pose a significant risk to the performance, security, or integrity of VirtuHire. 

1.4“Scheduled Maintenance” means maintenance that is scheduled in advance and communicated to Customer. 

1.5 “Service Availability” means the percentage of time during which VirtuHire is available to Customer, excluding Scheduled Maintenance, Emergency Maintenance, and any other downtime exclusions as defined below. 

1.6 “Service Credit” means the credits that Customer may be eligible to receive for non-qualifying Downtime (outside of regular, scheduled maintenance). 

2.0 Service Availability 

Vendor will use commercially reasonable efforts to ensure that VirtuHire is available 99.9% of the time, measured monthly. 
 

3.0 Downtime Exclusions 

Downtime does not include unavailability of VirtuHire due to: 

1. Scheduled Maintenance 

2. Emergency Maintenance 

3. Acts of God, natural disasters, war, acts of terrorism, riots, government action, or any other force majeure events 

4. Issues with third-party services, software, or equipment that are not under the control of Vendor 

5. Customer’s misuse or modification of VirtuHire or use of VirtuHire in violation of the Agreement 

6. Customer’s failure to comply with the configuration requirements or use supported platforms as specified by Vendor 
    

4.0 Scheduled Maintenance 

Vendor will provide at least 72 hours' notice for any Scheduled Maintenance. Scheduled Maintenance will be conducted during off-peak hours to minimize disruption. 
 

5.0 Emergency Maintenance 

Vendor may perform Emergency Maintenance at any time, without prior notice, to address critical issues that may impact the performance, security, or integrity of VirtuHire. Vendor will make reasonable efforts to inform Customer promptly of any Emergency Maintenance. 
 

6.0 Service Credits 

If VirtuHire fails to meet the Service Availability guarantee of 99.9% in any given calendar month, Customer may be eligible to receive Service Credits as follows: 

1. Service availability below 99% for more than one week- 3% of the monthly fee 

2. Service availability below 95% for more than one week- 5% of the monthly fee 

3. Service availability below 90% for more than one week- 10% of the monthly fee 

7.0 Claiming Service Credits 

To receive Service Credits, Customer must submit a written request to Vendor within 30 days of the end of the month in which the Service Availability issue occurred. The request must include the dates and times of each incident of Downtime and must be verified by Vendor. 
 

8.0 Limitation of Service Credits 

Service Credits are Customer’s sole and exclusive remedy for any failure by Vendor to meet the Service Availability guarantee. The total amount of Service Credits in any given month will not exceed 10% of the monthly fee paid by Customer for the affected month. 
 

9.0 SLA Exclusions 

This SLA does not apply to any services provided by Vendor that are not explicitly listed in the Agreement or Ordering Document. Additionally, this SLA does not apply to performance issues caused by factors outside of Vendor’s control. 
 

10.0 Termination 

This SLA will remain in effect for the duration of the Agreement. Either party may terminate this SLA upon the termination or expiration of the Agreement. 
 

11.0 Miscellaneous 

This SLA is subject to the terms and conditions of the Agreement. In the event of any conflict between this SLA and the Agreement, the terms of the Agreement will govern. 

Last Updated: June 20, 2024 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

If you do not agree to these Terms of Use, please do not use the website.

VirtuHire is a website owned and operated by Cloud Shift Inc. This website and all of the Materials (as defined below), content, information, online store, tools and services made available on the website (collectively, the “Site”) is made available and operated by Cloud Shift Inc. (“we”, “us”, or “our”). We make the Site available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/or purchasing any documents, software, services or other materials (collectively “Materials”) from us, you agree to be bound by the following terms and conditions (“Terms of Service” or the “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you are an agent or employee of another entity you represent and warrant that (i) the individual accepting these Terms of Service is duly authorized to accept these Terms of Service on such entities’ behalf and to bind such entity, and (ii) such entity has full power, corporate or otherwise, to enter into these Terms of Service and perform its obligations hereunder.

Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, then you may not access or use the Site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Site following the posting of any changes constitutes acceptance of those changes.

Section 1 – General Conditions

We reserve the right to refuse access to the Site to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or allow access to the Site or any contact on the Site through which the Site is provided, without express written permission by us.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

Section 2 – Modifications to the Service and Prices

Prices of our Materials are subject to change without notice.

We reserve the right at any time to modify or discontinue the Site or any Materials (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or any Materials.

We reserve the right, but are not obligated, to limit the sales of our Materials to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

All descriptions of Materials or Materials’ pricing is subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Materials at any time.

Any offer for any Materials made on this Site is void where prohibited.

We do not warrant that the quality of any Materials or information purchased or obtained by you will meet your expectations, or that any errors on the Site or Materials will be corrected.

Section 3 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You are solely responsible for the accuracy of all information that you provide to us. In the event that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to prevent you from using the Site or purchasing Materials through the Site.

If you have registered for an account, it is your sole and absolute responsibility to keep the username, password and other information confidential and secure. In the event that your username, password and/or account are used without your consent or that you discover any other breach of security, you agree to promptly notify us. We are not responsible for your failure to comply with this section, or for any delay in shutting down your account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your account.

Section 4 – Optional Tools

We may provide you with access to third-party tools which we do not monitor nor have any control over nor input.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 5 – Third-Party Links

Certain content, Materials, products and services available via our Site may include materials from third-parties available via link or otherwise.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of Materials or any other goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 6 – User Generated Content

If you post, provide or contribute certain content, submissions, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email or otherwise (collectively, “User Content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content. We are and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; or (3) to respond to any User Content. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.

You represent, warrant and covenant that your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content. You are solely responsible for any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third-party. For greater certainty, we may remove any User Content at any time.

Section 7 – Personal Information

Your submission of personal information is governed by our Privacy Policy, which is hereby incorporated into and made part of these Terms of Service. By using the Site, you are agreeing to the collection, use and disclosure of the information you share with us and our affiliates, as explained in these Terms of Service and the Privacy Policy. To view our Privacy Policy, click here .

Section 8 – Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site or in the Materials that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site or on any related website or in the Materials, including without limitation, pricing information, except as required by law. No specified update or refresh date reflected on the Site or on any related website should be taken to indicate that all information on the Site or on any related website has been modified or updated.

Section 9 – Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. Without limiting the generality of the foregoing, you agree that you shall not: (a) use, copy, modify, download or transfer the Site or any component of the Site, in whole or in part, except as expressly provided in the Terms of Service, (b) (i) reverse engineer, disassemble, decompile, or translate the Site or any component of the Site, (ii) attempt to derive the source code of the Site or any component of the Site, (iii) create any derivative work from the Site or any component of the Site, and/or (iv) authorize or assist any third-party to do any of the foregoing, (c) rent, lease, loan, resell, or otherwise distribute the Site or any component of the Site, (d) remove or alter any proprietary notice or legend regarding our, or any third-party’s, proprietary rights in the Site or any component of the Site, and/or (e) use the Site or any component of the site except in accordance with the Terms of Service and all applicable laws and regulations. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

Section 10 – Ownership of the Website

The Site consists of various graphics, texts, icons, buttons, videos, audio and other files, images, designs, texts, trademarks, brand names, Materials and other materials that have been provided by us and/or other individuals or entities. All such Site content is owned by us and/or the applicable third-party. You hereby acknowledge that the Site and each component of the Site are protected to the fullest extent permitted by applicable law – including, but not limited to, copyright, trademark, patent and all other applicable intellectual property and other laws. Your use of the Site and/or any Site content or Materials does not grant or transfer to you any ownership or other rights in the Site or any component of the Site or Materials, and nothing herein or within the Site or any component of the Site shall be construed as conferring on you or any other person or entity any license under any of ours or any third-party’s intellectual property or other rights. Any rights not expressly granted to you under these Terms of Service are expressly reserved by us. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Site, any component of the Site, or any of the Site content, in whole or in part, except as expressly authorized by us. For greater certainty and the avoidance of any doubt, you agree that you will not take any action that is inconsistent with our ownership of the Site and/or our ownership of, or any third-party’s ownership of, any Site content. You are hereby expressly prohibited from removing any proprietary notice of the Organization or any third-party, from any copy of the Site or any component of the Site.

Section 11 – Trademarks

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site and/or site content may constitute trade names, registered or unregistered trademarks or service marks (collectively, “Trademarks”) of Cloud Shift Inc., its related entities or other third-party individuals or entities.

The following trademarks are all registered and unregistered trademarks of Cloud Shift Inc.: VirtuHire.

Trademarks may be unregistered or registered in Canada and in other countries, as applicable. All Trademarks not owned by us are the property of their respective owners, and, where used by us are used under license or with permission. All Trademarks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trademarks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on the Site or any component of the Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trademark(s). You agree that you will not take any actions inconsistent with our ownership of, or any third-party’s ownership of, the Trademarks.

Section 12 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.

You agree that from time to time we may remove the Site for indefinite periods of time or take down the Site at any time, without notice to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICE, EACH COMPONENT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT) AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SITE, THE SERVICE, EACH COMPONENT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT) AND THE MATERIALS RESIDES WITH YOU. WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED REPRESENTATIONS, IMPLIED CONDITIONS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR IMPLIED CONDITIONS OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY OR THAT THE MATERIALS AND THE CONTENTS THEREOF ARE COMPLETE, CORRECT, UP TO DATE, AND DO NOT CONTAIN ANY ERRORS, DEFECTS, DEFICIENCIES OR OMISSIONS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE OR ANY COMPONENT OF THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER, MOBILE OR OTHER DEVICE AND/OR SOFTWARE; (II) THE SITE OR ANY COMPONENT OF THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE OR ANY COMPONENT OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION OR MATERIAL, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE OR ANY COMPONENT OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON OR ENTITY; OR (VI) THE USE OF THE SITE OR ANY COMPONENT OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, SOFTWARE OR ELECTRONIC FILES.

YOU MAY NOT PURCHASE ANY MATERIALS, PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE OR ANY COMPONENT OF THE SITE IF YOU ARE LOCATED IN A JURISDICTIONS WHERE SUCH MATERIALS, PRODUCTS AND/OR SERVICES MAY NOT BE LEGALLY OFFERED FOR SALE.

ANY MATERIALS AND ALL INFORMATION OBTAINED FROM OR THROUGH THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD. YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.

IN NO EVENT SHALL CLOUD SHIFT INC. OR ANY OF ITS AFFILIATES OR ANY OF ITS RELATED COMPANIES OR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONTRACTORS, CONSULTANTS, SUPPLIERS, SERVICE PROVIDERS, SUBCONTRACTORS OR LICENSORS (COLLECTIVELY THE “ORGANIZATIONAL ENTITIES”) HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOSS OF REVENUE, LOSS OF PROFIT OR LOSS OF DATA, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE ORGANIZATIONAL ENTITIES’ AGGREGATE LIABILITY ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR ANY MATERIALS EXCEED THE LESSER OF: (A) IN RESPECT OF ANY MATERIALS PURCHASED ON THE SITE, THE AMOUNT PAID BY YOU FOR SUCH MATERIALS; OR (B) CDN$100.00.

Section 13 – Indemnification

You agree to indemnify, defend and hold harmless the Organizational Entities from any loss, damage, claim or demand, including reasonable legal fees, due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party or your negligence.

Section 14 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Site, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Site (or any part thereof)

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

We may, in our sole and absolute discretion, change, suspend or terminate, temporarily or permanently, the Site or any component of the Site or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms of Service or your permission to use the Site is terminated by us for any reason, the agreement formed by your acceptance of these Terms of Service will nevertheless continue to apply and be binding upon you in respect of your prior use of our Site and anything relating to or arising from such use. If you are dissatisfied with the Site or any component of the Site, then your sole and exclusive remedy is to discontinue using our Site.

Section 15 – Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and governs your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 16 – Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of laws rules.

Section 17 – Language

The Terms of Service are drafted in English, however we may provide translations of the Terms of Service into other languages. Should we provide translations of the Terms of Service in other languages, the English version shall prevail to the extent of any conflict between the terms and conditions of the English version and any version in another language.

Section 17 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 23 – Contact Information

Questions about the Terms of Service should be sent to us at info@cloudshift.net.

Last Updated: June 13, 2024