HireVue announces acquisition of Modern Hire

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Version 1
Effective: September 1, 2020

These Terms and Conditions of Service (“Terms”) set forth the terms under which the Modern Hire Company designated on the Order Form (“Company”) will provide Client with access to and use of certain of Company’s software as a service (SaaS) offerings, comprised of the Company talent acquisition platform and related software applications as specifically identified in the Order Form (the “SaaS Solution(s)”), and made accessible to Client from a web browser or mobile device via the internet as a Subscription Service as further defined below.

1. Defined Terms. Capitalized terms shall have the meanings given in these Terms and as specified below:
A. “Authorized User” is as defined in Clause 4(A) below.
B. “Agreement” means collectively, the Order Form, these Terms and the attachments/links included within these Terms.
C. “Documentation” means all published specifications, user guides and reference manuals regarding the Services or the SaaS Solution provided to Client by Company from time to time (exclusive of sales and marketing materials).
D. “Effective Date” means the effective date as specified on the Order Form.
E. “Implementation Services” means the implementation services (if any) specified in the Order Form necessary to implement and configure Client’s account on the Subscription Service and corresponding Materials.
F. “Initial Subscription Term” means the initial term of the Agreement as set out in the Order Form.
G. “Materials” means certain reports, information and materials that are generated, provided or made available to Client under licence as part of the Services. If included, such Materials will be specified in the Order Form.
H. “Order Form” means the order form executed by the Client and accepted by the Company detailing, inter alia, the Services to be provided by the Company.
I. “Renewal Period” is as defined in Clause 7A.
J. “Services” means collectively, the Subscription Services and Implementation Services.
K. “Subscription Service(s)” means access to the applicable SaaS Solutions (including any updated versions of the SaaS Solution provided by Company as part of general maintenance), and such other subscription services as may be designated on the Order Form, or in the Documentation and corresponding Materials (if any).
L. “Subscription Term” means the Initial Subscription Term and subsequent Renewal Periods (if any).
M. “Talent Management Activities” means Client’s activities, policies, practices, decisions and actions (and corresponding legal compliance) related to its talent acquisition, promotion and management.