Date of Last Revision: Jan 27, 2021
Welcome to Strike.chat! Strike.chat is a service for job candidates and prospective job candidates (collectively, “Users”) and for prospective employers (“Employers”). Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). The Services are owned and operated by Chatstrike, Inc. We are a company based in San Francisco, California.
When we refer to “you” or “your”, we’re talking about you. When we refer to “us”, “we”, “our”, or “Strike.chat”, we’re talking about the Services and our company (including its officers, directors, investors, agents, representatives, and employees).
These Terms are a binding contract. If you use the Services, then you have agreed to follow all our Terms.
We sometimes update these Terms. You may learn about these updates on Strike.chat.com. If you use the Services after we update our Terms, then you agree that the updated Terms will apply to your use and you will be bound by them.
AGAIN, PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
The Services are a platform that connects Users with Employers and assists Employers in managing their human resources needs. Please note, while we facilitate communications between Users and Employers, Strike.chat does not employ Users. It’s entirely up to Employers whether they offer you a job.
Subject to all terms and conditions of Terms, Strike.chat hereby grants you a limited, personal, non-sublicensable, non-transferable, royalty-free, nonexclusive license to access and use the Services solely for (i) your internal business or personal (as applicable) purposes and (ii) other purposes separately authorized by Strike.chat in writing. The Services are subject to modification from time to time at Strike.chat’s sole discretion for any purpose deemed appropriate by Strike.chat.
To use the Services, you must be at least 16 years old. If you are between 16 and 18, you need your parent or guardian’s permission before using the Services. If you do not need this permission because you are an emancipated minor, please contact us at email@example.com, and we might be able to sign you up for the Services.
You may access some features of the Services, such as sharing your resume with Employers, only by creating an account. To create an account, you must provide us with the information set forth here. You may also populate your User account with information such as the information found here.
Any trial that provides access to a Paid Service (as defined below) without charge must be used within the period specified or the trial. You must stop using the Paid Service before the end of that trial period in order to avoid being charged for access to the Paid Service. If you cancel prior to the end of the trial period and believe you have been inadvertently charged for a Paid Service, please contact us at firstname.lastname@example.org.
From time to time, Strike.chat may offer rewards or incentives for referring others to the Services. For details of any current referral offers, please contact email@example.com.
Strike.chat uses industry-best security protocols to protect the privacy and security of your personal information and other data.
You may have received a personal link (“Link”) to use the Services. You may never use another User’s Link or account without permission. As applicable, you must keep your Link or account password secure, and you must notify us immediately of any security breach or unauthorized use of your Link or account. We will not be liable for any losses caused by any unauthorized use of your (i) Link if you fail to keep your Link secure or (ii) account if you fail to keep your account password secure.
You acknowledge that the Services will sometimes be down for maintenance and updates. After these updates you may find new features added or existing features removed.
To cancel your User account, contact Strike.chat at firstname.lastname@example.org. If you cancel your User account or your User account is terminated, all of your User account information may be deleted. You hereby acknowledge that, following such a cancellation request, Strike.chat may retain certain User account information only as required by applicable laws, rules, and regulations. The foregoing paragraph shall not relieve you of owed payments to Strike.chat.
The Services may contain links to third-party materials that are not owned or controlled by Strike.chat. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services, you do so at your own risk. YOU EXPRESSLY RELIEVE STRIKE.CHAT FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY LINKED SERVICE. Certain features of the Services allow you to share information with others, including through your social networks or other services where you have an account (“Third-Party Accounts”). When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third-Party Accounts, such as your social networks, you authorize Strike.chat to share that information with the applicable Third-Party Account provider. Please review the policies of any Third-Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
You shall comply with all applicable laws, rules, and regulations in connection with your use of the Services. In no event shall we be responsible or liable for your failure to comply with applicable laws, rules, or regulations in connection with your use of the Service.
Your content, such as resume, conversations held during a webchat session, and other creative submissions, is an important part of the Services. Anything you post, upload, share, store or otherwise provide through Services is your “User Submission.” In order to display your User Submissions on the Services, and to allow Employers to view or use them, you grant us certain content rights in those User Submissions.
When we say you are granting “Content Rights” to your User Submissions, we mean you are granting a license to display, perform, distribute, modify (for technical purposes), and reproduce your content for a specified purpose.
For any User Submissions submitted with your mobile device (like an iPhone or iPad), you grant us consent to access your mobile device to retrieve and upload such User Submissions.
For all User Submissions, you hereby grant Strike.chat Content Rights to your User Submissions for the purpose of operating the Services, which include archiving your User Submissions for Employers’ reference and allowing Strike.chat to improve the Services. This license is described in more detail below. This is a license only; your ownership in User Submissions is not affected.
If you store a User Submission, such as a resume, in your Strike.chat account and don’t share it with any other user (“Personal User Submission”), then you grant Strike.chat the license granted above, as well as Content Rights to make that Personal User Submission accessible to you.
If you share a User Submission with other users (for example, sharing your resume with Employers) (a “Limited Audience User Submission”), then you grant Strike.chat the licenses above, as well as Content Rights to your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users. Also, you grant such other specified users Content Rights to access and use that Limited Audience User Submission as permitted by the Services’ functionality.
If you share a User Submission publicly on Services or to Strike.chat (a “Public User Submission”), then you grant Strike.chat the licenses above, as well as Content Rights for the purpose of making that Public User Submission available to the Services and all Strike.chat users. Strike.chat will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other Strike.chat users Content Rights to use that Public User Submission as permitted by the Services’ functionality.
With your prior approval, Strike.chat may also anonymize your User Submissions such that it may never be linked specifically to you (“Anonymized Data”), and use such Anonymized Data for Strike.chat’s business purposes, including without limitation for purposes of improving, testing, operating, promoting and marketing Strike.chat’s products and services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide. When you delete your Strike.chat account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable). However, you understand and agree that it may not be possible to completely delete that content from Strike.chat’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that Strike.chat, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
You are prohibited from:
You understand and agree that:
All sections of these Terms which by their nature should survive termination or expiration will survive termination or expiration, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, and limitations of liability.
Except as expressly set forth herein, Strike.chat alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Services or any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any third party relating to the Services, which are hereby assigned to Strike.chat. You will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under these Terms. These Terms are not a sale and do not convey to you any rights of ownership in or related to the Services, or any intellectual property rights.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL STRIKE.CHAT (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO STRIKE.CHAT IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
We also have paid features (“Paid Services”). If you enroll in these Paid Services, you agree to pay Strike.chat all applicable fees set forth on our paid services page, and authorize Strike.chat to charge your chosen payment method. Unless agreed to otherwise, Strike.chat is free to change our fees at any time.
If you believe Strike.chat has made an error in charging your chosen payment method for our paid features, please contact us at email@example.com.
All fees are exclusive of taxes or duties imposed by governing authorities. You are responsible for all taxes or duties associated with your use of the Services.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Strike.chat, its affiliates, officers, agents, employees, and partners harmless from and against any and all third-party claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your Link or account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for you (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Strike.chat Link or account, in any way (by operation of law or otherwise) without Strike.chat’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM STRIKE.CHAT. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco, California, or the Northern District of California. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY: CLASS ARBITRATIONS AND CLASS, COLLECTIVE OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, COLLECTIVE, OR CLASS PROCEEDING. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND STRIKE.CHAT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
You may have heard of the Digital Millennium Copyright Act (the “DMCA”). If not, it relates to service providers like Strike.chat being asked to remove content that allegedly violates someone’s copyright. We respect others intellectual property rights, and we reserve the right to delete content alleged to be infringing. Also, we may terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, CLICK HERE.
As defined in FAR section 2.101, any software and documentation provided by Strike.chat are “commercial items” and according to DFAR section 252.227‑7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Service Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
If any provision of these Terms is found to be unenforceable or invalid, that section will be minimally limited or eliminated, so that these Terms shall otherwise remain in full force and effect and enforceable.
The failure of Strike.chat to enforce these Terms does not mean that Strike.chat has forfeited any right in these Terms.
You agree that these Terms replace and cancel all previous written and oral agreements relating to the Services.
You agree there are no third-party beneficiaries intended under these Terms.
Effective date: September 1, 2022
This chart details the categories of Personal Data that we collect and have collected over the past 12 months:
|Category of Personal Data||Examples of Personal Data We Collect||Categories of Third Parties With Whom We Share this Personal Data:|
|Profile or Contact Data|
|Consumer Demographic Data*|
|Social Network Data|
|Professional or Employment-Related Data|
|Other Identifying Information that You Voluntarily Choose to Provide|
* Note that submission of Consumer Demographic Data is not required to use the Service; any submission of this data is voluntary. This data may be used, among other things, to personalize recommendations that users may be eligible for, such as child care, transportation, and tuition assistance.
We collect Personal Data about you from the following categories of sources:
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice.
We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.
Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:
Analytics Partners. These parties provide analytics on web traffic or usage of the Services. They include:
Advertising Partners. These parties help us market our services and provide you with offers that may be of interest to you. They include ad networks.
Parties You Authorize, Access or Interact With These parties are parties with whom you have communicated or otherwise interacted on the Services, parties with whom you have expressed an interest in communicating or otherwise interacting on the Services, or parties whose events you’ve participated in. For example, we may share your Personal Data with:
We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.
All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.
We use the following types of Cookies:
You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.
To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.
We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Interest-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking users’ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.
We comply with the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising. Through the DAA and Network Advertising Initiative (“NAI”), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of, and greater control over, ads that are customized based a consumer’s online behavior across different websites and properties. To make choices about Interest-Based Ads from participating third parties, including to opt-out of receiving behaviorally targeted advertisements from participating organizations, please visit the DAA’s or NAI’s consumer opt-out pages, which are located at http://www.networkadvertising.org/choices/ or http://www.aboutads.info/choices.
We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.
We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at firstname.lastname@example.org.
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at email@example.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.