Terms and Conditions - Applicant
This page contains terms, and conditions you must agree to in order to sign-up.
Thank you for using MetroCity AI, Inc.’s (“MetroCity AI”) online recruitment and application platform (the “Service”) to participate in a digital interaction (the “Digital Interaction”) with the Company Partner (the “Company Partner”) that either:
- invited you to use this Service; or,
- posted a job opportunity that you voluntarily plan to apply for and submit a digital interaction with the use of this Service.
MetroCity AI is a platform that the Company Partner uses to facilitate Digital Interactions such as yours, and we are not responsible for your Digital Interaction with the Company Partner. These Terms, and Conditions (“Terms”) are between you, and MetroCity AI, and your use of the Service constitutes your consent to these Terms.
These Terms require you to agree, among other things, to the following:
- I acknowledge that the Digital Interaction may be recorded, and I hereby consent to such recording, including the use of my name, likeness, voice, and persona in connection with my use of the Service, and MetroCity AI’s, and Company Partner’s use of any such recordings as provided herein.
- I attest that I have voluntarily agreed to a conduct a Digital Interaction, and related screening, training and/or analysis activities through the Service, and that these Terms contain the entire, and complete agreement concerning my use of the Service, and the materials I may submit in connection with using the Service.
Important: If you do not agree to these Terms, cease use of the Service, and do not register with MetroCity AI’s Service.
- Section 1. Eligibility.
By using the service, you affirm that, under applicable law, you are of legal age, and have the legal capacity to enter into these Terms or, if applicable, on behalf of your minor child who intends to use the service.
- Additional Terms. Your use of the Service is subject to any, and all additional terms, policies, rules, or guidelines applicable to the Service, or certain features of the Service that we may post on, or link to on the Service (the “Additional Terms“), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features, or content on the Service. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
- Section 3. Submitted Content
- Generally. Certain features of the Service may permit you to submit, or for MetroCity AI to capture on behalf of Company Partner, certain content, including documents, interactions (including audio, and audiovisual recordings of interviews, or coaching sessions, question responses, challenges, tests, assessments, trainings) messages, data, code, text, and other types of works, including your name, voice, persona, and likeness that may be embodied therein (collectively, “Submitted Content”), and to transmit Submitted Content to Company Partner through the Service.
- Ownership, and Permitted Use of Submitted Content. By providing, or making available the Submitted Content, you agree that Company Partner owns all right, title, and interest in, and to the Submitted Content, and Company Partner may use the Submitted Content at their sole discretion for the purpose of the Digital Interaction, and all related activities. In connection with MetroCity AI’s agreement with the Company Partner, Company Partner has granted MetroCity AI (and, if applicable, MetroCity AI subcontractors) a license in connection with MetroCity AI’s provision of the Service to Company Partner to do some, or all of the following: host, store, transfer, display, perform, reproduce, index, and analyze Submitted Content. By agreeing to these Terms, you expressly authorize MetroCity AI to use the Submitted Content in connection with its operation of the Service to Company Partner. MetroCity AI may derive, and use anonymous analytical information derived from your Submitted Content in order to improve, and provide services to our customers. Please note MetroCity AI will not ever publish your Submitted Content without your express consent, or direction to do so.
- Please note, if you provide us any ideas, proposals, or suggestions (“Feedback”), whether related to the Service, or otherwise, such Feedback will be owned by MetroCity AI. Any use of such Feedback by MetroCity AI is without any compensation paid to you.
- Submitted Content Representations, and Warranties. You are solely responsible for your Submitted Content, and the consequences of posting, publishing, or otherwise making your Submitted Content available through the Service. By doing so, you affirm, represent, warrant, and covenant that:
- You are the creator, and owner of, or have the necessary licenses, rights, consents, and permissions to disclose, and deliver such Submitted Content to MetroCity AI, and Company Partner as contemplated herein, and to authorize MetroCity AI, and Company Partner to use, distribute, and sublicense your Submitted Content, and derivatives thereof in the manner contemplated by these Terms, in each case without violating the rights of any third party, or any agreement you may have with any third party, including without limitation any current, or prior employer; and
- Your Submitted Content, and the use thereof as contemplated herein, does 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; or (b) slander, defame, or libel any third-party.
- Disclaimer. MetroCity AI may, but is not obligated to, at any time, and without prior notice, monitor, evaluate, screen, remove, edit, or block any Submitted Content that in our sole judgment violates these Terms, or is otherwise objectionable. To the extent permissible by applicable law, you agree to waive, and hereby do irrevocably waive, any legal, or equitable rights, or remedies you have, or may have against MetroCity AI with respect to Submitted Content. We expressly disclaim any, and all liability in connection with Submitted Content. For clarity, MetroCity AI does not permit copyright-infringing activities on the Service.
- Section 4. Prohibited Conduct.
BY USING THE SERVICE YOU AGREE NOT TO:
- use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, the rights of third parties (including any current, or future employer), including by infringing, or misappropriating third party intellectual property rights in connection with your use of the Service;
- post, upload, or distribute in connection with the Service any Submitted Content, or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
- interfere with security-related features of the Service, or otherwise interfere with the operation of the Service, or any user’s enjoyment of the Service;
- perform any fraudulent activity in connection with the Service including impersonating any person, or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age, date of birth, or qualifications;
- attempt to do any of the foregoing in this Section 4, or assist, or permit any persons in engaging, or attempting to engage in any of the activities described in this Section 4.
- Section 5. Third-Party Services, and Linked Websites.
MetroCity AI may provide tools through the Service that enable you to import information from and/or export information (including Submitted Content) to third-party services, including through features that allow you to link your account on the Service, or your Submitted Content with an account on a third-party service (for example, LinkedIn). By using these tools, you authorize us to access such accounts on your behalf, and transfer such information to, and from the applicable third-party service. Such third-party services are not under our control, and we are not responsible for their use of your imported or exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
- Section 6. Termination of Use; Discontinuation, and Modification of the Service.
If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, MetroCity AI, in its sole discretion may terminate your access to the Service at any time, for any valid reason. MetroCity AI will provide prior notice of such termination if required by applicable law, in which case MetroCity AI will provide you with twenty-four (24) hours’ prior notice or, if applicable law mandates a longer period, the minimum notice period permitted under such applicable law. Except as prohibited under applicable law, MetroCity AI also reserves the right to modify, or discontinue the Service at any time (including, without limitation, by limiting, or discontinuing certain features of the Service) without notice to you, in each case, in our reasonable discretion. The Service has been provided to you free of charge, and as such we will incur no liability to you as a result of any change to the Service, or any suspension, or termination of your access to, or use of the Service.
- Section 7. Changes to These Terms.
Subject to applicable law, we reserve the right, at our discretion, to change these Terms on a going-forward basis at any time as necessary to comply with applicable law, or changes in the Services. Please check these Terms periodically for changes. To the extent required by applicable law, we will post notice that material Terms have been updated. If you do not agree with a change we make in these Terms please contact Company Partner, and ask for your Submitted Content to be deleted from our servers, and terminate your access to the Service.
- Section 8. Ownership; Proprietary Rights.
The Service is owned and operated by MetroCity AI. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code, or object code), products, software, services, and all other elements of the Service (the “Materials”) provided through the Service are protected by all relevant intellectual property, and proprietary rights, and applicable laws. All Materials contained in the Service are the property of MetroCity AI, Company Partner, or our third-party licensors. Except as expressly authorized herein, you may not use the Materials other than for the purpose of participating in a Digital Interaction, or otherwise communicating with the Company Partner, or disclose any Materials you obtain, or get access to through the Service. MetroCity AI, Company Partner, and our third-party licensors hereby reserve all rights to the Materials not granted expressly in these Terms.
- Section 9. Disclaimers; No Warranties
THE SERVICE, and ALL MATERIALS, and CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED AS IS, and ON AN AS AVAILABLE BASIS, WITHOUT WARRANTY, or CONDITION OF ANY KIND, EITHER EXPRESS, or IMPLIED. METROCITY AI, and COMPANY PARTNER, and THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES, and AGENTS SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, or IMPLIED, RELATING TO THE SERVICE, and ALL MATERIALS, and CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, or NON-INFRINGEMENT;, and (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, or TRADE. METROCITY AI, and COMPANY PARTNER, and THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES, and AGENTS DO NOT WARRANT THAT THE SERVICE, or ANY PART THEREOF, or ANY MATERIALS, or CONTENT OFFERED THROUGH THE SERVICE, WILL BE MADE AVAILABLE IN AN UNINTERRUPTED MANNER, SECURE, or FREE OF ERRORS, VIRUSES, or OTHER HARMFUL COMPONENTS, and DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE, or INFORMATION, WHETHER ORAL, or WRITTEN, OBTAINED BY YOU FROM THE SERVICE, or ANY MATERIALS, or CONTENT AVAILABLE ON, or THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING METROCITY AI, COMPANY PARTNER, or THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR DEALINGS WITH OTHER SERVICE USERS, and ANY MATERIALS, or CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND, and AGREE THAT IF YOU CHOOSE TO USE, ACCESS, DOWNLOAD, or OTHERWISE OBTAIN THIRD PARTY MATERIALS, or CONTENT, or ACCESS ANY ASSOCIATED SITES, or SERVICES YOU DO SO AT YOUR OWN DISCRETION, and RISK, and YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, THEFT, or LOSS OF DATA THAT RESULTS FROM THE USE, ACCESS, or DOWNLOAD OF SUCH THIRD-PARTY MATERIALS, or CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF CERTAIN WARRANTIES, and YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- Section 10. Limitation of Liability
YOU AGREE THAT THE AGGREGATE LIABILITY OF METROCITY AI, or COMPANY PARTNER TO YOU FOR ANY, and ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF, or ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS, or CONTENT AVAILABLE THROUGH THE SERVICE), or OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, or OTHERWISE, IS LIMITED TO $25.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION, or LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, or EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE, and INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 10WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Nothing in this Section 10 is intended to limit, or exclude liability where such liability is mandatory under applicable law, and arises from the following: (a) in the event of death, or personal injury to the extent resulting directly from MetroCity AI’s willful, or negligent act, or omission, or any of its employees, or agents; (b) to the extent resulting from any fraudulent misrepresentation on the part of MetroCity AI; (c) to the extent resulting from any breach of any essential contractual duty;, or (d) to the extent arising out of any willful, or grossly negligent misconduct on the part of MetroCity AI.
- Section 11. Governing Law.
This Agreement shall be governed by and interpreted in accordance with Philippine laws (without regard to any conflict of laws provisions that would require the application of the law of another jurisdiction). The Parties each hereby irrevocably submits to the exclusive jurisdiction of the courts of Quezon City, Philippines in any action, or proceeding arising out of, or relating to this Agreement, and the Parties each hereby irrevocably agrees that all claims in respect of such action, or proceeding may be exclusively heard, and determined in such courts of Quezon City, Philippines. The Parties each hereby irrevocably waives, to the fullest extent each of them may effectively do so, the defense of an inconvenient forum to the maintenance of such action, or proceeding, or to the laying of the venue of any action.
- Section 12. General.
Date last updated: April 5, 2022
Terms And Conditions - Company Partners
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship between you and MetroCity AI, Inc. (“MetroCity AI”, “us”, “we”, or “our”, a registered corporation with the Securities and Exchange Commission of the Republic of the Philippines with company registration number 2021020007691-01 in relation to the use of http://metrocity.ai website (the “Service”) as operated by MetroCity AI.
These Terms and Conditions are applicable to visitors, users, and others who access or use the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
In order to use the Service, you must:
1. be at least eighteen (18) years old and able to legally undergo contractual obligations;
2. complete the registration process;
3. agree to these Terms;
4. provide true, complete, and up-to-date contact and billing information; and
5. not be – either individually or as part of a group, entity or state, subject to EU, US and UN sanctions, embargoes, and bans that prohibit the use of this Service
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
MetroCity AI may refuse service, close accounts of any users, and change eligibility requirements at any time.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. A minimum number of Billing Cycles may apply to a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or MetroCity AI cancels it. You may cancel your Subscription renewal either through your online account settings page or by contacting MetroCity AI’s customer support team, considering a notice period of at least 30 days.
A valid payment method, including a credit card, is required to process the payment for your Subscription. You shall provide MetroCity AI with accurate and complete billing information including full name, address, state, zip code, country, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize MetroCity AI to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, MetroCity AI will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
3. Freemium Plan
MetroCity AI may, at its sole discretion, offer a Subscription free of charge or a Freemium plan (a “Free” plan). You will not be charged by MetroCity AI for using the Free plan.
At any time and without notice, MetroCity AI reserves the right to (i) modify the Terms and Conditions of the Free plan offer, or (ii) cancel such Free plan offer. Company partners subscribed under the Free plan will not be automatically converted to a paid plan should MetroCity AI discontinue the Free plan. Company partners subscribed under the discontinued Free plan then will be disabled or suspended unless upgraded to a paid subscription.
4. Fee Changes
MetroCity AI, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change shall become effective at the end of the then-current Billing Cycle.
MetroCity AI shall provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such modifications become effective.
Your continued use of the Service after the modification of the Subscription fee comes into effect constitutes your agreement to pay the modified Subscription fee amount.
5. Content licensing and intellectual property
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its lawfulness, reliability, accuracy, and appropriateness.
You, as the creator of the Content you post, submit, and display on or through the Service, retain any and all intellectual property rights on said Content. As the sole right owner, you have the responsibility to protect these rights. We hereby acknowledge that the posting or displaying of this Content on the Service does not in any way amount to an implied license or to a consent to use the Content on behalf of third parties. We will therefore abstain from using this Content in any way except with your explicit written authorization.
You represent and warrant that: (i) the Content is yours (you own it) or you possess the legal right to use it, and (ii) the posting of your Content on or through the Service does not violate the data protection and privacy rights, copyrights, or other intellectual property rights, contractual rights or any other rights of any third person.
6. Authorized use of the Service
You may only use the Service for lawful purposes and in a manner consistent with the nature and purpose of MetroCity AI.
You must not use the Service to assess candidates for any jobs which are unlawful, unsafe, offensive, discriminatory, or inappropriate.
You must not use the Service to solicit information from candidates that could be used to discriminate against them.
Unauthorized use of the Service may be a criminal offense and/or give rise to a claim for damages.
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
8. Intellectual Property on the Service
The Service and its original content (excluding Content provided by users), features, and functionality are and shall remain the exclusive property of MetroCity AI and its licensors. The Service is protected by copyright, trademark, and other laws of both the Philippines and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MetroCity AI.
9. Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by MetroCity AI.
MetroCity AI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that MetroCity AI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the Terms and Conditions and privacy policies of any third-party websites or services that you visit.
10. Data Protection
We may terminate or suspend your account, without prior notice or liability, for any reason, including without limitation if you breach the Terms.
Upon termination, your right to use the Service shall immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
12. Limitation Of Liability
In no event shall MetroCity AI, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Such limitations shall not apply if the damages are the result of a deliberate act or gross negligence on the part of MetroCity AI or its senior management. In any case shall MetroCity AI’s aggregate liability under these Terms be limited to the fees actually paid by you to MetroCity AI in the last Billing Cycle.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
MetroCity AI its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
14. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law provisions.
All disputes between MetroCity AI and you (whether or not such dispute involves a third party) shall be submitted exclusively to the competent court of law in Quezon City, Philippines.
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms shall remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change shall be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
16. Partial invalidity
If, at any time, any provision of the Terms is or becomes illegal, invalid, or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity, or enforceability of the remaining provisions nor the legality, validity, or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.
17. Contact Us
If you have any questions about these Terms, please contact us.
Date last updated: April 5, 2022