Terms and Conditions

TRUE WORK

Employment Letter Generator

Terms of Service

Last Updated: July 26, 2018

Thank you for using the Truework Employment Letter Generator, a SaaS-based platform that automates the generation of offer letters for your employees (the “Service”). 

Zethos, Inc. (“Zethos,” “Company,” “we,” “us,” “our”) provides the Service to you subject to the following Employment Letter Generator Terms of Service (as amended from time to time, the “Terms of Service”).  We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time.  If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than ten (10) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. 

In these Terms of Service, “you,” “your” and “Customer” will refer to you. If you are registering for a Zethos account or using the Service on behalf of an entity or other organization, you are agreeing to these Terms of Service for that entity or organization and representing to us that you have the authority to bind that entity or organization to these Terms of Service (and, in which case, the terms “you”, “your” and “Customer” will refer to that entity or organization).

PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCEPTING THESE TERMS OR USING THE SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS WITH ZETHOS.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT SELECT THE “ACCEPT” CHECKBOX AND YOU SHOULD NOT USE THE SERVICE.

IMPORTANT NOTES:

  • ZETHOS DOES NOT PROVIDE WARRANTIES OR INDEMNITIES FOR THE SERVICE, AND THESE TERMS OF SERVICE LIMIT ZETHOS’ LIABILITY TO YOU. 
  • DISPUTES RELATING TO THESE TERMS OF SERVICE, YOUR ACCOUNT OR THE SERVICE MUST BE RESOLVED BY BINDING ARBITRATION.

 

1.              THE SERVICE

1.1            Subject to these Terms of Service, we will use commercially reasonable efforts to provide you the Service.  To register for and use the Service, you will be asked to identify an administrative user name and password for your Zethos account.  Until you apply for an account, you will not have access to the Service.  When registering an account, you must provide true, accurate, current and complete information about yourself as requested during the account creation process. You must also keep that information true, accurate, current and complete after you create your account.  We reserve the right to refuse registration of, or cancel passwords we deem inappropriate. We will not release any data related to any Customer employees through the Service without first receiving apparent authorization from the applicable employee for the release of such data.

2.              RESTRICTIONS AND RESPONSIBILITIES

2.1            You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service or any software, documentation or data related to the Service (“Software”); modify, translate, or create derivative works based on the Service or any Software (except to the extent expressly permitted by us or authorized within the Service); use the Service or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party or outside of the scope of the rights granted hereunder; or remove any proprietary notices or labels.

2.2            Further, you may not remove or export from the United States or allow the export or re-export of the Service, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.  As defined in FAR section 2.101, the Software and documentation 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 these Terms of Service and will be prohibited except to the extent expressly permitted by these Terms of Service.

2.3            You represent, covenant, and warrant that (a) you will use the Service only in compliance with all applicable laws and regulations, (b) the information you provide in connection with the Service is true and accurate, and (c) you have policies and procedures designed to ensure the accuracy and integrity of the employee information provided to us.  If you determine that the information provided to us is not complete or accurate, you shall promptly notify us of such determination and shall provide us any corrections or additional information necessary to make the information provided complete and accurate.  In accordance with the Fair Credit Reporting Act, you agree to promptly investigate any dispute of which you receive notice from an employee or us regarding the accuracy of the information supplied to us and inform the employee or us of the results of your investigation within 30 days from the date you received notice of the dispute.  Although we have no obligation to monitor your use of the Service, we may do so and may prohibit any use of the Service we believe may be (or alleged to be) in violation of the foregoing.

2.4            You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”).  You shall also be responsible for maintaining the security of the Equipment, account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.

 

3.              CONFIDENTIALITY; PROPRIETARY RIGHTS

3.1            Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).  Our Proprietary Information includes non-public information regarding features, functionality and performance of the Service.  Your Proprietary Information includes non-public data provided by you to us in order to enable the provision of the Service (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Service or as otherwise permitted herein) or divulge to any third person any such Proprietary Information.  The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law. 

3.2            You shall own all right, title and interest in and to the Customer Data.  Zethos shall own and retain all right, title and interest in and to (a) the Service and Software, all improvements, enhancements or modifications thereto, and (b) all intellectual property rights related to any of the foregoing.

3.3            Notwithstanding anything to the contrary, we shall have the right collect and analyze data and information relating to the provision, use and performance of various aspects of the Service and related systems and technologies, and we will be free (during and after the term hereof) to (i) use such information and data to improve the Service and other Zethos offerings, and (ii) disclose aggregated data that does not identify and cannot be used to identify you or any of your personnel or customers.  No rights or licenses are granted except as expressly set forth herein.

4.              TERMINATION

            Either party may terminate your Service account as set forth below.  You may terminate your account at any time through the account management tools made available through the Service. We may terminate or suspend your account at any time for any reason (or no reason).  All sections of these Terms of Service which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations, warranty disclaimers, indemnification and limitations of liability.

5.              DISCLAIMER

We do not warrant that the Service will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from use of the Service.  IN ADDITION, YOU AGREE THAT ZETHOS WILL HAVE NO LIABILITY ARISING FOR THE USE OR MISUSE OF ANY INFORMATION OBTAINED BY YOUR EMPLOYEES THROUGH THE SERVICE. THE SERVICE IS PROVIDED “AS IS” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

6.              INDEMNITY

You will defend, indemnify and hold Zethos and its affiliates harmless against any actual or threatened claim, loss, liability, proceeding, governmental investigation or enforcement action arising out of or relating to any Customer Data or your use or misuse of the Service (“Claim”).  Zethos and its affiliates will cooperate as fully as reasonably required in the defense of any Claim, at your expense. Zethos reserves the right, at your expense, to retain separate counsel for themselves in connection with any Claim or, if you have not responded reasonably to the applicable Claim, to assume the exclusive defense and control of any Claim in which you are a named party and that is otherwise subject to indemnification under this Section. You will pay all costs, reasonable attorneys’ fees and any settlement amounts or damages awarded against Zethos in connection with any Claim. You will also be liable to Zethos for any costs and attorneys’ fees Zethos incurs to successfully establish or enforce Zethos’s right to indemnification under this Section.

 

7.              LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTRARY, ZETHOS AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF SERVICE OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS); (C) FOR ANY MATTER BEYOND ZETHOS’ REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED ONE THOUSAND DOLLARS ($1,000), IN EACH CASE, WHETHER OR NOT ZETHOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.              AGREEMENT TO ARBITRATE

8.1            You and Zethos agree to resolve any dispute arising under these Terms of Service or in relation to the Service by binding arbitration in San Francisco, California, or in another location that both parties agree to.  This applies to all claims under any legal theory, unless the claim fits in one the exceptions below. It also applies even after you have stopped using your Zethos account or have deleted it. If the parties have a dispute about whether this agreement to arbitrate can be enforced or applies to such dispute, the parties agree that the arbitrator will decide that too.

8.2            You and Zethos agree that the parties will go to court to resolve disputes relating to your or Zethos’ intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents).  Also, either party can bring a claim in small claims court either in San Francisco, California.  In addition, if either party brings a claim in court that should be arbitrated or either party refuses to arbitrate a claim that should be arbitrated, the other party can ask a court to force the parties to go to arbitration to resolve the claim (i.e., compel arbitration). Either party may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

8.3            Prior to filing any arbitration, both parties jointly agree to seek to resolve any dispute between the parties by mediation conducted by the American Arbitration Association (“AAA”), with all mediator fees and expenses paid equally by the parties. If mediation is not successful, either party may initiate an arbitration proceeding with AAA. You can look at AAA’s rules and procedures on their website http://www.adr.org or you can call them at 1-800-778-7879.  The arbitration will be governed by the then-current version of AAA’s Commercial Arbitration Rules (the "Rules") and will be held with a single arbitrator appointed in accordance with the Rules. To the extent anything described in this agreement to arbitrate conflicts with the Rules, the language of this agreement to arbitrate applies. 

8.4            Each party will be entitled to get a copy of non-privileged relevant documents in the possession or control of the other party and to take a reasonable number of depositions. All such discovery will be in accordance with procedures approved by the arbitrator. This agreement to arbitrate does not alter in any way the statute of limitations that would apply to any claims or counterclaims asserted by either party.

8.5            The arbitrator’s award will be based on the evidence admitted and the substantive law of the State of California and the United States, as applicable, and will contain an award for each issue and counterclaim. The award will provide in writing the factual findings and legal reasoning for such award. The arbitrator will not be entitled to modify these Terms.

8.6            Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding on the parties. Judgment may be entered in any court of competent jurisdiction.

9.              MISCELLANEOUS

If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.  Neither party may assign these Terms of Service except with the other party’s prior written consent, except that either party may assign these Terms of Service as a whole to an affiliate or a successor to substantially all of its assets or business related to these Terms of Service.  These Terms of Service are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.  No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and each party does not have any authority of any kind to bind the other party in any respect whatsoever.  In any action or proceeding to enforce rights under these Terms of Service, the prevailing party will be entitled to recover costs and attorneys’ fees.  Any notice required or permitted to be given hereunder will be given in writing by personal delivery, certified mail, return receipt requested, or by overnight delivery.  Notices to Customer must be sent to the email or other address as set forth in your account information.  Notices to Zethos must be sent to the following address: Zethos, Inc., 15 Lucerne St #2., San Francisco, CA, 94103, Attn: Legal.  The enforceability and interpretation of the arbitration provisions above will be determined by the Federal Arbitration Act (including its procedural provisions). Apart from such arbitration provisions, these Terms of Service shall be governed by the laws of the State of California without regard to its conflict of laws provisions, and such disputes will be subject to the exclusive jurisdiction and venue of the state and federal courts of San Francisco, California, United States.  You agree that Zethos may refer to your name and trademarks in Zethos’ marketing materials and website.

Products
Employers Verifiers Employees
Company
About Us Security Careers Blog
Help Verify an employee

Let's Get Started

Employers

Save your HR team over 1,000 hours per year. Learn More

Verifiers

Complete a verification for any employee. Learn More

Start a Verification
Are you an employee? Request Letter

Does your employer use Truework?

View your verified employment information and see a list of all third parties you have authorized to view your data.