Last Updated : June 04, 2026
This Master Subscription Agreement contains the terms and conditions upon which Recooty Inc. (“Recooty” or “we” or “us” or “our”), having our principal place of business at Wilmington, United States, provide our subscribers with access to and use of (i) our Site – www.recooty.com, (ii) our on-demand Recruitment Platform, tools and services accessible via our Site (the “Platform”), and (iii) configuration, setup and training services, collectively called the “Services”. All Services provided to subscribers within India by Recooty Tech Private Limited shall be considered as provided by Recooty Inc. Recooty Tech Private Limited acts on behalf of Recooty Inc. to facilitate access to and use of the Services, including but not limited to our Site – www.recooty.com, our on-demand Recruitment Platform, tools and services accessible via our Site, and configuration, setup, and training services.
This Agreement constitutes a legally binding contract on You (being a person or legal entity identified as the subscriber of an account with Recooty) and governs the use of and access to the Services by You, Agents, and End-users whether in connection with a free trial or a paid subscription. Please read this Agreement carefully as it contains important information about your legal rights, remedies, and obligations.
By accepting this Agreement, either by signing up for a Recooty account or accessing and using any of the Services or permitting any Agent or End-user to access or use a Service, You agree to be bound by this Agreement. If you are signing up as a company, organization or any other legal entity (“Entity”), you are agreeing to this agreement for that Entity and representing to Recooty that you have the authority to enter into this Agreement and bind such entity and its affiliates to this Agreement. If you do not agree to this Agreement, then you may not access or use any of the Services.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Agreement.
When You sign up for an account with Recooty, You are asked to provide your full name, legal company name, contact number, a valid email address, and any other information requested in order to complete the Recooty signup form. When signing up for a paid plan, or when converting from a free trial to a paid plan, in addition to the above, You are also required to provide Your payment card, billing address and any other relevant information. Your Personal Data (personally identifiable information that could be legally considered private or sensitive) disclosed in the above manner will be treated as per our Privacy Policy.
Recooty allows access and use of a single Recooty account by multiple hiring managers and personnel from a single organization and allows You to generate separate login credentials for each of such hiring managers or recruiters. You shall ensure that Your Recooty account is used by hiring managers, recruiters or other personnel only from Your organization or authorized by your organization to access such account.
You are responsible for keeping secure Your login credentials i.e the login account and password. We shall not be liable for any loss or damage of such login credentials resulting from Your failure to comply with this security obligation. You hereby agree to report to us immediately in case of any actual or suspected theft, loss, or unauthorized use of Your account or password.
You are responsible for any and all information that You, your authorized persons, agents or Candidates upload to Recooty in the ordinary course of using the Platform, hereafter known as “Your Data”. You are also responsible for all the activity that occurs through or within Your Recooty account. Any abusive, fraudulent or unauthorized use of the Services will warrant termination of Your right to access and use the Services. You are fully liable for any fraudulent, abusive or illegal activity or data storage that occurs through Your account.
You shall not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password and account information from any other user.
Each organization is permitted to register for a free trial only once. You shall not create multiple accounts or use any other means to obtain additional or repeated free trials.
You shall not use our Services for any unauthorized, illegal or fraudulent purpose nor shall You violate any laws applicable to Your jurisdiction. You shall not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with Recooty. You shall not resell the Service to any third party as a private label or with the inclusion of a mark-up fee without our expressed written consent.
Export Controls and Sanctions. The Services are provided from the United States and are subject to U.S. export control and economic sanctions laws, including the Export Administration Regulations administered by the U.S. Department of Commerce and the sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). You represent and warrant that: (i) You and, to Your knowledge, Your Agents and End-users are not located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive U.S. sanctions, and are not otherwise the target of U.S. sanctions; (ii) You are not identified on any U.S. government restricted-party or denied-party list (such as OFAC's Specially Designated Nationals and Blocked Persons List); and (iii) You will not access, use, export, re-export or transfer the Services in violation of any applicable export control or sanctions laws. You are responsible for complying with all such laws in connection with Your use of the Services, and we may suspend or terminate Your access if we reasonably believe You are in breach of this section.
We will use reasonable efforts to ensure that our Services are available at all times. However, there will be occasions when the Service may be interrupted for maintenance, upgrades and emergency repairs or due to a failure of telecommunications links and equipment. You agree that Recooty will not be liable to You or any other party for any loss caused in the event of such interruptions.
We may change the form and nature of our Services from time to time at our sole discretion and without prior notice to You. We make no warranty concerning the quality or availability of our Services.
You may stop using our Services at any time without notice and in such event, You will forfeit your subscription fee paid. We are entitled to terminate the Services at any time and at our sole discretion, upon providing one-month notice to You, during which time You may request and obtain a copy of Your Data currently stored within Recooty over the course of use of our Services.
You are the owner of Your Data. You shall retain all right, title and interest in and to all of Your Data. We shall not access Your Data except to respond to service or technical problems, or at Your request.
You are solely responsible for all activities that occur in Your Recooty account and for compliance with this Agreement. You shall comply with all laws whether the local, national or foreign law, treaty, regulation or convention applicable to You in connection with the use of the Services, related to privacy, publicity, data protection, electronic communications and anti-spamming laws. You are responsible for the collection, legality, security and use of Your Data that is stored on the system or used in connection with Recooty. Recooty will not be responsible for any loss or disclosure of Your Data (or any damages related thereto) resulting from You or Your Candidates’ (persons who have applied for a Your job openings) failure to adequately secure their user identification and passwords.
The Platform may only be used for the purposes of recruiting individuals for real jobs in real organizations. You shall not use the Services to advertise fake employment; collect resumes and applicant data for any purpose other than hiring for actual job openings; promote products and services, self-employment, work-from-home opportunities, or commissions-only positions; nor for any other use inconsistent with any applicable law, regulation or generally accepted recruiting practices or guidelines. You understand that access to Your account may be restricted should You be found to be in violation of any of this Agreement.
Recooty retains the right to create limits on use and storage concerning the Service in its sole discretion at any time with or without notice to You. Recooty does not currently place a limit on data storage or usage but may do so in the future at its sole discretion. You shall not seek to store more data on the Platform than is reasonably required for regular recruiting efforts.
You agree not to attempt to access any of the Services by any means other than through the interface that is provided by Recooty nor to engage in any activity that interferes with or disrupts the Services or infringes on Recooty and its third party vendors’ brand or intellectual property.
Recooty is pre-integrated with some third-party add-on services, which may be provided by third-party vendors. When You purchase such a service through the Platform, the terms, and conditions of those vendors apply to You. Hence You are urged to review such terms and conditions before purchasing or otherwise accessing any such add-on services. Recooty cannot and does not take any responsibility for, nor makes any warrant on behalf of, such add-on services.
You may purchase optional add-ons to your subscription through the Platform. Add-ons are billed through our payment processor in addition to your Subscription Fee, are subject to the same payment, auto-renewal and no-refund terms as your subscription, and (unless stated otherwise) renew together with your subscription. Where an add-on is purchased during a Billing Cycle, it may be charged immediately and prorated for the remainder of that Billing Cycle.
The treatment of Your Personal Data (personally identifiable information) is governed by our Privacy Policy, which is incorporated by reference into this Master Subscription Agreement.
Certain features of the Platform may use artificial intelligence and machine-learning technologies, including those provided by third parties, to assist with tasks such as drafting or summarizing job descriptions and supporting candidate screening. These features are intended to assist, and not to replace, human decision-making. You remain solely responsible for all hiring and employment decisions, and You agree to maintain meaningful human review and not to rely on any feature of the Platform to make a decision producing legal or similarly significant effects on a candidate solely by automated means. You are responsible for using such features in compliance with all applicable laws, including anti-discrimination, data protection and artificial-intelligence regulations (such as, where applicable, the EU AI Act and Article 22 of the GDPR).
Where You use AI-assisted features as an employer or recruiter, You act as the deployer of those features and are responsible for complying with all laws applicable to the use of automated or AI tools in recruitment and employment in the jurisdictions where You operate and hire. This includes, without limitation and where applicable: conducting and publishing any required bias or impact assessments and audits (for example, under New York City Local Law 144 governing automated employment decision tools); providing candidate notices and obtaining any required consents (for example, under the Illinois Artificial Intelligence Video Interview Act); meeting obligations applicable to high-risk or consequential AI systems (for example, under the Colorado Artificial Intelligence Act and the EU AI Act); and complying with applicable equal-opportunity and anti-discrimination laws. You are responsible for determining whether any feature constitutes an automated employment decision tool or high-risk AI system under applicable law and for fulfilling the resulting obligations.
Recooty does not provide legal advice and does not warrant that any AI-assisted feature, or Your use of it, complies with the laws of any particular jurisdiction. We will make available information about such features that is reasonably necessary to assist You in meeting Your obligations; however, responsibility for lawful deployment, candidate notices, human oversight, and any required audits remains with You.
If You use background-check features, the checks are performed by a third-party consumer reporting agency and You are the “end user” of any resulting consumer report. You are solely responsible for using background checks in compliance with all applicable laws, including the U.S. Fair Credit Reporting Act (FCRA) and applicable state and local laws (including “ban-the-box” and fair-chance hiring laws). This includes certifying a permissible purpose, obtaining the candidate’s written authorization, providing all required disclosures, and following the adverse-action process before and after taking any adverse action based on a report. Recooty does not provide legal advice and is not a consumer reporting agency; You are responsible for determining the lawfulness of Your background-screening practices.
Recooty offers a fourteen (14) day free trial. No payment method is required to start the trial. At the end of the trial period, access to paid features will be discontinued unless You choose to subscribe to a paid plan. To continue using the paid Services, You must select a paid plan and provide a valid payment method.
The Billing cycle starts from the time You make the first payment to Recooty. Billing Cycle may be monthly, half yearly or annual depending on your selection.
You are liable to pay the fee for a subscription (“Subscription Fee”) based on the subscription plan you opt for and thereby are entitled to receive Services included in the said plan. You will not be entitled to receive any Service features which do not form part of the Subscription Plan (the plan that You opt for when subscribing to Recooty).
In case You have opted for a Paid Subscription Plan (all subscription plans other than the free trial), payments are processed through our third-party payment processor (primarily Stripe) and can generally be made by credit card or debit card. A valid payment card that You have the right to use is required for any Paid Subscription unless another form of payment was agreed upon in writing between the parties.
Your subscription is set at auto-renew at the end of the Your Billing Cycle. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by You.
Recooty may modify the Subscription Fee by giving a prior notice of thirty (30) days. In the event of an upgrade, the Subscription Fee applicable to the new plan will take effect immediately and be prorated for the rest of the Billing Cycle. Unless otherwise agreed by the parties, Paid Subscriptions will be billed in advance on a monthly, six monthly or annual basis, starting on the first payment. You may upgrade your plan at any time, with the change taking effect immediately and the additional Subscription Fee prorated for the remainder of the current Billing Cycle. You may downgrade your plan, but any downgrade will take effect only at the start of your next Billing Cycle; You will retain access to your current plan’s features until the end of the current Billing Cycle, and downgrades do not entitle You to any refund or credit for the current Billing Cycle.
Any overdue payment shall accrue interest at the maximum rate permitted by law on the outstanding balance per month from the date on which such amount becomes due until the date paid. In case Your payment is overdue, Recooty reserves the right to suspend or restrict your access to the account and the Services until the outstanding payment is made, and to terminate the account if it remains unpaid.
You are responsible for payment of all taxes or duties payable with respect to purchases made under this Agreement. In case Recooty pays any taxes or duties on your behalf, You agree to reimburse Recooty for any such payment.
In case Recooty requires to incur any additional costs or expenses in providing You any services or support per this Agreement, Recooty agrees to obtain Your prior approval.
This Agreement commences on the date of Your registration (including the start of any free trial) and shall continue until the expiration or termination of Your Subscription Period. The Subscription Period begins on the date of Your registration and continues, in the case of a Paid Subscription Plan, until the end of the then-current Billing Cycle following any cancellation, or until the Agreement is otherwise terminated in accordance with this section.
By default, Your subscription to our subscription plans is auto-renewed to provide uninterrupted services. Your Recooty subscription will be billed automatically if the auto-renew feature is enabled. In case You wish to cancel the Paid Subscription Plan, You may do so at any time through your account settings within the Platform or by contacting the Recooty support team at [email protected]. To avoid being charged for the next Billing Cycle, please cancel before your renewal date. Following cancellation, You will continue to have access to the Services under Your Paid Subscription Plan until the end of the current Billing Cycle, after which Your subscription will end and access to paid features will be discontinued. Recooty does not offer refunds, including pro-rated refunds for any unused remaining time of a Paid Subscription Plan.
If You are a consumer resident in the European Union or European Economic Area, You may have a statutory right to withdraw from a purchase of digital services within fourteen (14) days. Where You expressly ask us to begin providing the Services during that period and acknowledge that You will lose this right of withdrawal once the Services have been fully performed, the right of withdrawal will no longer apply. Nothing in this Agreement limits any mandatory rights You may have as a consumer under applicable law.
On expiry of the Subscription Period without renewal, Your subscription will end and access to the paid Services will be discontinued.
In case of non-payment of the Subscription Fee at the end of the Billing Cycle, Your subscription will not renew and access to the paid Services will be suspended or discontinued.
In case You wish to delete your Recooty account, You can contact [email protected] Please note that once You delete your Recooty account, it cannot be revived and all the Your Data will be permanently removed from our servers.
This Agreement may be terminated by either party for cause:
The provisions regarding Content Confidentiality and Intellectual Property shall survive any termination or expiration of this Agreement.
All “Confidential Information” i.e., all confidential information disclosed by you to Recooty that is designated in writing as confidential as well as all Your Data, and Your Personal Data shall not be used or disclosed for any purpose outside the scope of this Agreement, except when required by the process of law or with your prior written permission. Confidential Information shall not include information which:
Except as otherwise expressly permitted under this Services Agreement, Recooty agrees to keep confidential all information entrusted to it by You and to protect it at all times by exercising a reasonable degree of care.
Recooty may disclose Information to its employees, consultants, agents or advisors who have a strict need to know such Confidential Information solely for the purpose of performing Recooty’s obligations under this Agreement and only to those who are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in this Agreement. You may disclose Recooty’s Confidential Information to your employees, consultants, agents or advisors who have a strict need to know such Confidential Information and are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in this Agreement.
If in case Recooty is required by law, or upon receiving process from a court of law, to disclose Confidential Information, it will be bound to disclose such information.
“Intellectual Property” shall mean any current or future worldwide rights under any patent, copyright, trademark, or trade secret; any moral rights or any similar rights. All intellectual property rights relating to the Platform, its content, materials including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video and animations are intellectual property owned by Recooty and/or third parties and are protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to Recooty Inc. and/or third parties.
Recooty is protected by copyright pursuant to United States copyright laws, international conventions, and other copyright laws. Except as explicitly permitted in this Agreement, You may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or in any way exploit any of the Site content, software, materials relating to the Service in whole or in part.
You shall abide by all copyright notices, information, and restrictions contained in any content accessed through the Platform. All the rights of intellectual property to trademarks, trade names, Your data including but not limited to the information from your Candidates (obtained through online forms, which contain additional information such as resumes, letters, answers to questions and additional personal information / work history), and all information in connection with and entered or generated by You by using the Platform are and will remain Your property. You hereby grant to Recooty a limited, non-exclusive and non transferable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit and display the Your Data for the limited purpose of (i) providing the Service and associated customer support to you; (ii) displaying Your data to the Candidates; and (iii) analyzing and improving the Service.
Recooty may include your name in a list of Recooty’s Customers online and in print and electronic marketing materials.
Nothing in this Agreement gives You any right, title or interest in or to the Platform or any Recooty Intellectual Property.
RECOOTY PLATFORM AND ITS CONTENTS, WHETHER PROVIDED BY RECOOTY, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, RECOOTY DOES NOT WARRANT THAT:
(i) THE INFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS;
(ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS;
(iii) DEFECTS WILL BE CORRECTED, OR
(iv) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL RECOOTY OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICES, OR ANY LINK PROVIDED ON THE SERVICES, WHETHER OR NOT RECOOTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO RECOOTY DURING THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. RECOOTY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICES, AND RECOOTY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. RECOOTY WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless, Recooty and its respective officers, directors, employees, members, shareholders, or representatives (and all successors and assigns of any of the foregoing), from and against any claim or demand, liabilities, losses, actions, causes of action, costs and expenses, including but not limited to attorneys’ fees, made by any third party in connection with or arising out of your use of the service, or infringement of any intellectual property of user’s data in connection with the use of the service. Your connection to the services, your violation of the terms or recooty privacy policy, your violation of an applicable law, your submission, posting, or transmission of user content to the services, and/or your violation of any rights of another. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
Recooty will defend You against any third-party claim alleging that Your authorized use of the Platform (excluding Your Data and any third-party or add-on services) infringes that third party’s intellectual property rights, and will indemnify You for damages and reasonable attorneys’ fees finally awarded against You by a court of competent jurisdiction, or agreed by Recooty in settlement, in respect of such claim, provided that You promptly notify us of the claim, give us sole control of its defense and settlement, and provide reasonable cooperation. This defense and indemnity obligation does not apply to the extent the claim arises from the matters described in clauses (i) or (ii) below.
In no event will Recooty have any obligations or liability under this section arising from: (i) use of the Service in a modified form or in combination with materials not furnished by Recooty; or (ii) any content, information, or data provided by Candidates, or other third parties. THE FOREGOING STATES RECOOTY’S ENTIRE LIABILITY AND SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM THAT THE PLATFORM INFRINGES A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RECOOTY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND MEMBERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER, CAUSED INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF RECOOTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST PROFITS OR REVENUE.), RESULTING FROM:
UNDER NO CIRCUMSTANCES WILL RECOOTY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR CUSTOMER’S ACCOUNT OR THE INFORMATION CONTAINED THEREIN BY ANY THIRD PARTY.
THE LIMITATIONS OF LIABILITY HEREIN SHALL NOT APPLY TO ANY INDEMNIFICATION PROVIDED BY YOU OR RECOOTY HEREUNDER. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT ARE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY WILL NOT APPLY IN CASE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY IN CERTAIN INSTANCES, PORTIONS OF THE ABOVE RESTRICTION OUTLINED IN THIS SECTION MAY NOT APPLY TO YOU.
NO ACTION AGAINST EITHER PARTY ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY THE OTHER PARTY MORE THAN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION HAS ARISEN.
THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER A PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT IN CONNECTION WITH ITS INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL RECOOTY BE LIABLE TO CUSTOMER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PAID BY CUSTOMER TO RECOOTY HEREUNDER DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Nothing in this Agreement shall exclude or limit either party’s liability where such exclusion or limitation is not permitted by applicable law, including (where applicable) liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for gross negligence or wilful misconduct.
Neither party will be required to comply with any obligation under this Agreement if such compliance is impeded by any event of force majeure as hereinafter defined. Events of force majeure shall mean an event which is beyond the control of the affected party and which such party could not anticipate or mitigate by means of insurance, contingency planning or any other prudent means. Notwithstanding the preceding, if either party is affected by an event of force majeure it shall take all reasonable steps to minimize the impact of the force majeure event on the other party and to reduce the period of the effect of the force majeure event to the minimum.
This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
In the event of a dispute relating to this Agreement, you shall first submit such dispute for discussion and resolution to Recooty in order to come to a mutually agreeable solution. Disputes arising in connection with these Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, United States, and each party consents to the personal jurisdiction of those courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
If any provision in this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
This Agreement, together with our Acceptable Use Policy, Privacy Policy, Cookies Policy and, where applicable, our Data Processing Agreement (each incorporated into this Agreement by reference), and any other Policies displayed on the Platform, constitute the entire agreement between you and Recooty. No other agreements, representations or warranties have been made to you with respect to the subject matter of this Agreement, except as referenced herein.
You agree to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with the Service (“Communications”). We may provide Communications in a variety of ways, including by e-mail, text, in-app notifications, or by posting them on the Recooty website or through the Platform. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Notices to Recooty shall be addressed to: Recooty Inc., 2810 N Church St, PMB 71936, Wilmington, DE 19802-4447, USA, or by email to [email protected].
Recooty may amend or modify this Agreement from time to time in its sole and reasonable discretion. We will post any such changes on our website at least 15 days prior to the effective date. By continuing to access or use the Platform after the posted effective date of modifications that do not materially reduce your rights or increase your obligations hereunder, you agree to be bound by such modifications. Modifications that materially reduce your rights or increase your obligations are handled as described below.
If we make a material change that reduces your rights or increases your obligations under this Agreement, we will provide reasonable advance notice (for example, by email or in-app notice) before the change takes effect. If you do not agree to such a change, you may notify us and terminate your subscription before its effective date; your continued use of the Platform after the effective date will constitute acceptance of the change.
