Welcome to HackerEarth’s website registered under the name of HackerEarth Inc. (“HackerEarth”, “Company”, “we” or “us”), a Delaware corporation with a place of business at 2600 El Camino Real, Suite 403, Palo Alto, California 94306 . By using HackerEarth’s products, software enabled developer recruitment platform services, or services (“HackerEarth services”), you agree to the following terms and conditions, and any privacy policies, legal notices or other applicable policies and guidelines that may be presented to you (collectively these “Terms of Service”) from time to time.

Please read the Terms of Service carefully. If you do not want to agree to these Terms of Service you must not access the HackerEarth services

  1. Acceptance of the HackerEarth Terms of Service

    1. Your access to the HackerEarth services is subject to these Terms of Service. HackerEarth reserves the right to update and change these Terms of Service from time to time without notice or acceptance by you although if we decide to materially change all or part of the HackerEarth Terms of Service we will, where reasonably possible, try to give you advance reasonable notice at your email address on record. Such modified Terms of Service will become effective upon the earlier of (i) your continued use of the HackerEarth service with actual knowledge of such modified Terms of Service, or (ii) thirty (30) days from publication of such modified Terms of Service on this page or the HackerEarth web site.

    2. Your use of the HackerEarth service is also subject to the HackerEarth Privacy Policy, which explains how we treat your personal information, and provides information about our data protection practices.

    3. Any use of any of our HackerEarth fee-based subscription offerings is bound by these Terms of Service plus any additional terms and conditions which will be made available in a separate agreement agreed to by you, and those additional terms become part of your agreement with HackerEarth if you access that HackerEarth service.

    4. By signifying your acceptance of these Terms of Service or making any use of the HackerEarth service, you signify your acceptance of these Terms of Service in effect at the time of your use. If you are an individual acting as a representative of a corporation or other legal entity which wishes to use the HackerEarth service, then you represent and agree that you have the authority to accept these Terms of Service on behalf of such corporation or other legal entity and that all provisions of these Terms of Service will bind that corporation or other legal entity as if it were named in these Terms of Service in place of you.

  2. Definitions. For the purposes of these Terms of Service, the terms in this Section 2 shall have the meanings assigned to them.

    1. “Candidate” means an individual a User invites to access the HackerEarth service.

    2. “User” or “Recruiter” means those individuals having registered accounts with a user identification name and password.

    3. “HackerEarth services” means the software for HackerEarth’s coding challenges and user interface software used to recruit and screen software developers that is hosted by HackerEarth’s hosting service provider and made available to you pursuant to these Terms of Service.

  3. Account Information; Service Access.

    1. The HackerEarth service is not available to persons under the age of thirteen (13) or to any Users or Candidates suspended or removed from the HackerEarth service by HackerEarth. By using the HackerEarth service, you represent and warrant that you are at least thirteen (13) years of age and that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the India or other applicable jurisdiction.

    2. HackerEarth reserves the right to refuse registration of, or cancel, any account or access to the HackerEarth services by any User or Candidate in its reasonable discretion, at any time.

    3. HackerEarth accounts will be accessed through a User ID and password that you will create (your “Credentials”). Your Credentials are solely for your use and must not be shared with other Users. All Users need to have their own account, User ID and Credentials. You agree that your Credentials and information you provide upon registration and at all other times will be true, accurate, current, and complete (including your name and company name). You are responsible for maintaining the confidentiality of your account password, and for all activities that occur under your account. You agree to immediately notify HackerEarth of any unauthorized use of your account, password, Credentials, or any other breach of security. You agree that HackerEarth will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

    4. Candidates shall access the Interview services when a User invites an individual, via email, to take a technical programming test (“Challenge”). The Candidate will be provided login credentials to access Challenge. Following completion of the Challenge the Candidate’s access to the HackerEarth services shall terminate.

    5. By participating in any HackerEarth promotional event or giving assent to any activity that requires an account on HackerEart, your account will be automatically created.

    6. Except as expressly permitted by HackerEarth, you agree that the HackerEarth services are to be accessed only for you or your company’s own internal business purposes and not for resale or unauthorized distribution to any third party.

  4. Content.

    1. Content. The HackerEarth service provides certain features, which enables Users and Candidates to submit, post, and share data, text, software, graphics, messages or other material (“Content”) on the HackerEarth service. Content that Users or Candidates submit, post or share is subject to the terms and conditions of these Terms of Service. Content that you own and post on or through the HackerEarth service belongs to you and you may use it in any way, except as prohibited by applicable state and federal law or regulations. By using the HackerEarth service, you are granting HackerEarth and certain third parties permission to use Content as described in these Terms of Service.

    2. Grant of license to HackerEarth. By using the HackerEarth service, you are granting HackerEarth a non-exclusive, worldwide, royalty-free, fully paid-up, sublicenseable, irrevocable and transferable right and license to use, host, store, reproduce, create derivative works of, distribute, modify, display, and communicate your Content on and through the HackerEarth service. If you post Content on or through the HackerEarth service, you represent and warrant that you have the right to post that Content and to grant the above rights to HackerEarth, so ensure that you have the necessary rights to grant HackerEarth this license for any Content you submit or post to the HackerEarth service. This license that you grant HackerEarth is for the limited purpose of operating, promoting, marketing improving and developing HackerEarth products and services (and derivative works thereof). This license continues even if you terminate your account and/or stop using the HackerEarth service. HackerEarth acknowledges that it will not acquire any other rights in any Content that you may upload or post to the HackerEarth service.

    3. Use of Content. You understand that by posting your Content that you are responsible for your Content and any Content that you create, transmit or display while using the HackerEarth services and for any consequences thereof. You further agree that under no circumstances shall HackerEarth be liable for the errors or omissions of another User or Candidate who views your Content. Therefore, you represent and agree to all of the following and acknowledge that HackerEarth is explicitly relying on such representations and agreement with regard to your Content and use of Content made available on the HackerEarth service:

      1. The Content represents your own original work and/or you have all necessary rights to disclose the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed or violated by the Content being viewed and used as described in these Terms of Service.

      2. You agree to use HackerEarth services only for purposes that are legal, proper and in accordance with these Terms of Service. Your disclosure of your Content does not violate a confidential relationship with any third party or establish a confidential relationship with HackerEarth.

      3. You understand that you are responsible for your Content that you upload, post, e-mail, transmit, or otherwise make available through the HackerEarth service. Except as permitted in these Terms of Service, you do not have the rights to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any Content that does not belong to you, other than viewing of Content or the associated Challenge reports on or through the HackerEarth service.

    4. Accuracy of Content. HackerEarth cannot and need not control all Content posted by Candidates or Users on or through the HackerEarth service, and it does not guarantee the accuracy, integrity or quality of such Content. You agree that under no circumstances will HackerEarth be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. HackerEarth does not endorse and is not responsible for the accuracy, usefulness, safety, or of or relating to Content. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST HackerEarth WITH RESPECT THERETO.

    5. Right to Remove or Edit User Content. HackerEarth reserves the right, in its reasonable discretion, to refuse to allow any Content through the HackerEarth services, or to edit or remove any Content at any time with or without notice. Without limiting the generality of the preceding sentence, HackerEarth complies with the Digital Millennium Copyright Act, and will remove Content upon receipt of a compliant takedown notice (see the “Copyright Infringement” section below).

    6. User and Candidate Representations and Warranties. You are solely responsible for your own Content and the consequences of posting or publishing it. In connection with your Content, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize HackerEarth to use all patent, trademark, copyright, or other proprietary rights in and to your Content to enable inclusion and use of your Content in the manner contemplated by HackerEarth and these Terms of Service, and to grant the rights and license set forth above, and (ii) your Content, HackerEarth’s use of such User submissions pursuant to these Terms of Service, and exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, Privacy Right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; (c) violate any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms of Service, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.

    7. Feedback. If you provide HackerEarth with any comments, bug reports, feedback, or modifications proposed or suggested by you on the HackerEarth services (“Feedback”), HackerEarth shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the HackerEarth service. You hereby grant HackerEarth a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

  5. Code of Conduct.

    1. Blocked Content. HackerEarth has the right, but not the obligation, to remove or block Content from the HackerEarth service that it determines in its reasonable discretion to be in violation of these Terms of Service, to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property or that is detrimental to the quality or intended spirit of the HackerEarth service. HackerEarth also has the right, but not the obligation, to limit or revoke the use privileges of the account of any User or Candidate who posts such Content or engages in such behavior.

    2. Disagreements. You alone are responsible for your interaction with other Users and Candidates via the HackerEarth service. If you have a dispute with one or more Users or Candidates or if you disagree with the results of a Challenge Report, your sole remedy is to cease using the HackerEarth service. You irrevocably and forever release HackerEarth (and HackerEarth's officers, directors, agents, subsidiaries, contractors, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

    3. Copyright Infringers. HackerEarth does not permit copyright infringing activities through the HackerEarth service and reserves the right to terminate access to the HackerEarth service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the HackerEarth service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies HackerEarth may have at law or in equity.

    4. Inappropriate Content. HackerEarth will use common business sense regarding behavior or Content allowed on or through the HackerEarth service. Examples of unacceptable Content or behavior include:

      1. Abuse, harassment, threats, flaming or intimidation of any person or organization.

      2. Uploading or sending to other Users or Candidates pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate Content.

      3. Uploading copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others.

      4. Making unsolicited offers, advertisements, proposals, or sending junk mail (aka spam) to other Users or Candidates.

      5. Impersonating another person or pretending to be affiliated with an organization with which you are not affiliated or misrepresenting the extent of your affiliated or role with an affiliated organization or the source, identity or Content transmitted.

      6. Engaging in or contributing to any illegal activity or activity that violates others’ rights.

      7. Use of derogatory, discriminatory or excessively graphic language.

      8. Transmitting worms, viruses or harmful software.

      9. Disclosing the personal or proprietary information of another person or organization not otherwise permitted by applicable rules or law.

      10. Sharing HackerEarth accounts, User Credentials or Candidate login credentials with any third party or encouraging any other User or Candidate to do so.

  6. Termination.

    1. HackerEarth, in its reasonable discretion may terminate your account and/or user login credentials and remove and discard any Content within the HackerEarth service if HackerEarth believes that you have violated or acted inconsistently with the letter and spirit of these Terms of Service.

    2. You may terminate your account, this Agreement and your right to use the HackerEarth service at any time and for any reason or no reason, by contacting HackerEarth user support at support@HackerEarth.com However, if you have a separate agreement with HackerEarth which has conflicting terms regarding termination, those terms shall take precedence over this Agreement.

    3. After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and Content in your account or that you have stored on the HackerEarth service may be, but is not required to be deleted by HackerEarth. HackerEarth will have no liability for information or Content that is deleted due to the cancellation or termination of your account for any reason.

  7. Ownership; Proprietary Rights. The HackerEarth service is owned and operated by HackerEarth. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the HackerEarth service provided by HackerEarth (“Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any third party content or Content uploaded by you, all Materials are the copyrighted property of HackerEarth or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to HackerEarth or its affiliates and/or third party licensors. Except as expressly authorized by HackerEarth, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

  8. Third Party Websites and Services. The HackerEarth services may include links to third party web sites or services (“Linked Sites”) solely as a convenience to Users and Candidates. HackerEarth does not endorse any such Linked Sites or the information, material, products, or services contained on other Linked Sites or accessible through other Linked Sites. Furthermore, HackerEarth makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk.

  9. Disclaimers/ No Warranties. Limitation of Liability

    1. EXCEPT AS MAY BE SET FORTH IN ANY SEPARATE SIGNED AGREEMENT BY HACKEREARTH AND YOU, THE HACKEREARTH SERVICE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE HACKEREARTH SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE HACKEREARTH SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HackerEarth AND ITS AFFILIATES, IF ANY, DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, HackerEarth AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE HACKEREARTH SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EXCEPT AS MAY BE SET FORTH IN ANY SEPARATE SIGNED AGREEMENT BETWEEN HACKEREARTH AND A YOU, HACKEREARTH DOES NOT WARRANT THAT THE HACKEREARTH SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HackerEarth SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HACKEREARTH OR THE HACKEREARTH SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

    2. EXCEPT AS MAY BE SET FORTH IN ANY SEPARATELY SIGNED AGREEMENT BETWEEN HackerEarth AND YOU, NEITHER HackerEarth NOR ITS AFFILIATES WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HACKEREARTH'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO HACKEREARTH FOR THE HACKEREARTH SERVICE IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) ONE HUNDRED DOLLARS ($100.00).

  10. Indemnification You agree to indemnify and hold HackerEarth Incorporation, its affiliated companies, suppliers, partners, officers, contractors and employees harmless from any claim or demand made by any third party due to or arising out of (i) your actions in using the HackerEarth service, (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the HackerEarth service, or (iii) the violation of these Terms of Service by you or any third party using your Credentials. HackerEarth reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. This indemnity shall not apply if a third party uses your Credentials due to an act or omission of HackerEarth.

  11. Modifications to Prices. Prices of all fee-based HackerEarth services are subject to change. If they do change, the changes shall only take effect for any subsequent subscription periods you choose to purchase.

  12. Miscellaneous.

    1. These Terms of Service will remain in full force and effect while you use the HackerEarth service. Those terms that can continue to operate after you stop using the HackerEarth service (including without limitation your Content license to HackerEarth service and the General Terms in this Section), will survive after you stop using the HackerEarth service.

    2. Statute of Limitations. You agree that regardless of any statute of law to the contrary or any claim or cause of action arising out of or related to use of HackerEarth services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    3. Notices. You agree that HackerEarth may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail or by posting on the website hosting the HackerEarth services.

    4. Waiver/Severability. The failure of HackerEarth to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect.

    5. Assignment. You may not assign your account to the HackerEarth service or any rights and licenses granted hereunder and such any assignment by you will be null and void.

    6. Survivability. All sections of these Terms that by their respective nature should survive the cancellation or termination of these Terms of Service shall survive the termination or cancellation of these Terms of Service. You agree that breach of these provisions will cause irreparable harm and that accordingly HackerEarth may seek injunctive relief in addition to any other legal remedies under these Terms of Service at law or equity.

    7. No Third Party Beneficiaries. You agree that except as otherwise expressly provided for in these Terms of Service, there shall be no third party beneficiaries to the Terms of Service.

    8. Choice of Law/Forum. These Terms of Service (including any additional terms, conditions, policies and agreements incorporated herein) are the entire agreement between HackerEarth and you regarding the HackerEarth service. Any dispute arising from or related to these Terms of Service shall be subject to the ruling of an applicable court of competent jurisdiction, shall be settled by binding arbitration in Santa Clara County, California and administered by the American Arbitration Association (“AAA”) and conducted by a sole arbitrator in accordance with the AAA’s Commercial Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. Sec. 1-16, shall govern the arbitration to the exclusion of state laws inconsistent therewith or that would produce a different result, and any court having jurisdiction thereof may enter judgment on the award rendered by the arbitrator. Except as may be required by law or to the extent necessary in connection with a judicial challenge, or enforcement of an award, neither a party nor the arbitrator may disclose the existence, content, record, or results of an arbitration. Fourteen (14) calendar days before the hearing, the parties will exchange and provide to the arbitrator: (a) a list of witnesses they intend to call (including any experts) with a short description of the anticipated direct testimony of each witness and an estimate of the length thereof; and (b) pre-marked copies of all exhibits they intend to use at the hearing. Deposition for discovery purposes shall not be permitted. The arbitrator may award only monetary relief and is not empowered to award damages other than compensatory damages. A short statement of the reasoning on which the award rests shall accompany an award for $50,000.00 or more.

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