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Terms Of Service

  1. LICENSE GRANT AND RIGHT OF USE
    1. License Grant. Subject to all limitations and restrictions contained herein and the Quote, Gapmatrix grants Customer a term subscription, software as a service (‘SaaS’), nonexclusive, and non transferable right to access and operate the Gapmatrix platform.
    2. Use. Customer will have a limited right and license to Use the Application solely for its internal business purposes, to perform the functions of creating competency framework, carrying out 360 Degree Assessment and performing other strategic HR activities. Customer shall not allow any website that is not fully owned by Customer to frame, syndicate, distribute, replicate, or copy any portion of Customer’s web site that provides direct or indirect access to the Application. Customer shall not allow any website, that is not fully owned by Customer, to frame, syndicate, distribute, replicate, or copy any portion of Customer’s web site that provides direct or indirect access to the Software. Customer shall not permit any subsidiaries, affiliated companies, or third parties to access the Software.
    3. License Type. The type of license granted is an Admin User Account. The Admin will manage the page for the subscribed organisation.
    4. Authorized User. “Authorized User” will only consist of: The Admin who is skilled in the creating and use of a Competency Framework.
    5. Customer License Grant. Customer grants to Gapmatrix a non-exclusive, royalty-free license to access, use, modify, display and distribute competencies through the Gapmatrix platform.
  2. Payment
    1. Fees. Customer shall pay Gapmatrix the fees indicated for complete usage of the platform based on the different subscription plans. If Customer is delinquent on a payment of subscription fees after the expiration of the free subscription period, Gapmatrix may suspend access to the Application.
  3. HOSTING
    1. Service Availability. Gapmatrix will use reasonable efforts to achieve service availability goals year round.
    2. Support Services. Upon subscription, Customer may receive certain professional guidance to ease the use of the Application.
  4. OWNERSHIP
    1. Gapmatrix.com is a brand owned and managed by White Stone Consulting
    2. Reservation of Rights. By signing up to the platform Gapmatrix, the Customer irrevocably acknowledges that, subject to the licenses granted herein, Customer has no ownership interest in the Software or Gapmatrix materials provided to Customer. Gapmatrix will own all right, title, and interest in such Software, the end product from the use of the platform and Gapmatrix materials.
    3. Marks and Publicity. Gapmatrix and Customer trademarks, trade names, service marks, and logos, whether or not registered (“Marks”), are the sole and exclusive property of the respective owning party, which owns all right, title and interest therein. Gapmatrix may: (i) use the Customer’s name and/or logo within product literature, platform pages, press release(s), social media, and other marketing materials; (ii) quote the Customer’s statements in one or more press releases. Additionally, Gapmatrix may include Customer’s name and/or logo within its list of customers for general promotional purposes.
  5. CONFIDENTIALITY
    1. Definition. “Confidential Information” includes all information marked pursuant to this Section and disclosed by either party, before or after the subscription Start Date, and generally not publicly known, whether tangible or intangible and in whatever form or medium provided, as well as any information generated by a party that contains, reflects, or is derived from such information. For clarity, the term ‘Confidential Information’ does not include any personally identifiable information. Obligations with respect to personally identifiable information (if any) are set forth in the ‘Data Processing Agreement.’
    2. Ownership of Confidential Information. Nothing in these SaaS Terms will be construed to convey any title or ownership rights to the Software or other Confidential Information to Customer or to any patent, copyright, trademark, or trade secret embodied therein, or to grant any other right, title, or ownership interest to the Service Provider’s Confidential Information. Neither party shall, in whole or in part, sell, lease, license, assign, transfer, or disclose the Confidential Information to any third party and shall not copy, reproduce or distribute the Confidential Information except as expressly permitted in these SaaS Terms. Each party shall take every reasonable precaution, but no less than those precautions used to protect its own Confidential Information, to prevent the theft, disclosure, and the unauthorized copying, reproduction or distribution of the Confidential Information.
    3. Non-Disclosure. Each party agrees at all times to use all reasonable efforts, but in any case no less than the efforts that each party uses in the protection of its own Confidential Information of like value, to protect Confidential Information belonging to the other party. Each party agrees to restrict access to the other party’s Confidential Information only to the Admin that has got access to the page of the organisation.
  6. TERM AND TERMINATION
    1. Subscription Term. The term of these SaaS Terms will continue until the termination of the last Quote.
    2. Termination by Gapmatrix. These SaaS Terms and any license created hereunder may be terminated by Gapmatrix: (i) if Customer fails to pay for subscription (ii) If Customer is found to be involved in unethical practises using the platform.
    3. Termination by Customer. Termination of subscription by Customer is only possible at the expiration of a subscription.