1. Introduction

This Master Services Agreement (“MSA”) is entered into between Attributilize (referred to as “Attributilize”, “we”, “us”, or “our”) and the you (the "Customer"). This MSA includes the Service Level Agreement (“SLA”), which is incorporated herein by reference and made a part hereof. By accessing or using the Attributilize Applicant Tracking System (the “Service”), you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

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2. Definitions

Service: Means Attributilize’s Applicant Tracking System product, including all features and functions as described.
User: Means any individual who uses the Service on the Customer’s behalf or through the Customer’s account or sign-ins.
Order: Means either a written order or an online transaction for access to the Service specifying the Service, the Service subscription term, and payment information.

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3. Implementation Services

The parties may enter into a mutually executed statement of work (“SOW”) describing training or configuration and/or implementation of the Services. Attributilize will be responsible for the provision of the services specified in the SOW.

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4. Warrenties

Attributilize warrants that:

• It will perform the Services in accordance with the then-current Support and Service Level Agreement (as detailed in the applicable Order), as may be updated from time to time.
• It will provide the Services in a professional manner, consistent with recognized industry security standards and good commercial practices.
• It will comply with all applicable law, and will be duly licensed and otherwise authorized to provide the Services.
• It has the authority and right to enter into the Agreement and to observe and perform its respective obligations contained in the Agreement.

The Customer warrants that it has the authority and right to enter into the Agreement and to observe and perform its respective obligations contained in the Agreement.

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4. Use of the Service

Attributilize shall use commercially reasonable efforts to make the Service available twenty-four (24) hours a day, seven (7) days a week, except for planned downtime and unavailability caused by circumstances beyond Attributilize’s reasonable control such as events like failure of communications networks and the internet, shortage of adequate power, governmental action, fire, storms, floods, or other acts of God. Attributilize accepts no liability for any disruption or non-availability of the Service, including the ability for you to access, create or use any features or functions. Attributilize reserves the right to alter, suspend or discontinue any part (or the whole of) the Service in accordance with the Attributilize Terms of Service.

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4. Communication Terms

All communication and documentation sent to you by Attributilize will be in English. You may communicate with us in English. Attributilize reserves the right to monitor compliance with these terms and investigate any violations. If we determine that you or your content violates these terms or the Attributilize Services Agreement, we may remove or suspend access to your content or suspend your access to the Services.

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5. Privacy Policy

Attributilize’s privacy policy is available at https://attributilize.com/legal/privacy. Your use of the Service is subject to this Privacy Policy.

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6. Force Majeure

Except for payment obligations, neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, labor disputes, governmental action, utilities failures, and Internet disturbance) beyond its reasonable control.

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7. Arbitration Agreement

PLEASE BE AWARE THAT SECTION 6 BELOW CONTAINS AN ARBITRATION AGREEMENT THAT APPLIES TO ALL USERS LOCATED IN THE UNITED STATES. PLEASE READ SECTION 6 CAREFULLY. THE ARBITRATION AGREEMENT PROVIDES, WITH LIMITED EXCEPTIONS (WHICH ARE LISTED IN SECTION 6(a)), THAT DISPUTES BETWEEN YOU AND ATTRIBUTILIZE WILL BE RESOLVED BY BINDING ARBITRATION.

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8. Term and Termination

The requirement for any modification or waiver to be made in writing and signed by both parties.

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General Termination Rights

Either party may terminate this Agreement for convenience upon thirty (30) days’ prior written notice to the other party. In addition, Attributilize reserves the right to suspend or terminate the Services in whole or part at any time, with or without cause, and with or without notice, without incurring liability of any kind.

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Termination for Cause

If Attributilize determines in its sole discretion that you or any of Your Authorized Users have violated any element of these Terms, your access may be immediately suspended or terminated, up to and including the termination of the Agreement by Attributilize, with or without notice.

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9. Service Legal Agreement (SLA)

The SLA may be found at: https://attributilize.com/legal/sla