Terms & Conditions
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
- Eligibility to Use LoveKPI
- To access or use LoveKPI, (1) you must be 13 years of age or older and, if under 18 or the age of majority in your jurisdiction, your use of LoveKPI must be under the supervision of a parent or guardian or other responsible adult and (2) you, or (where applicable) the adult supervising your use of LoveKPI, must have the power and authority to enter into these Terms. A company employee and its authorised agent(s) are permitted to use the company employee's Free Company employee Account and any data about that company employee provided via that account for the company employee's internal business purposes. Except as set forth above, or as otherwise approved by us, LoveKPI is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use LoveKPI if we have terminated your account or banned you.
In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on LoveKPI.
- Your LoveKPI Account
- LoveKPI Account. In order for you to create a LoveKPI account, we require that you provide a valid email address and set up a password. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Other registration requirements (such as the requirement for individuals to contribute no more than one KPI performance per year) may also apply. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by LoveKPI at any time. When you set up an individual user account on LoveKPI, we create a member profile (a "Profile") for you that will include personal information you provide. We will update your Profile with information we extract from resumes you upload on LoveKPI. You may permit us to share information in your Profile with prospective company employee, recruiters and others. Subject to visibility settings that you control, subscribers to services we may introduce will be able to view information in your Profile. Because your anonymity on LoveKPI is important, your Profile does not include or link to information about the performance of KPIs you submit to LoveKPI.
- Social Sign Up and Sign In. You may be able to register an account and subsequently access LoveKPI through a social networking site, such as Facebook, Linkedin, Twitter or Google+ ("Social Networking Site"). If you access LoveKPI through a Social Networking Site you agree that we may access, make available through LoveKPI, and store (if applicable) any information, data, text, messages, tags, and/or other materials that you have provided to and stored and made accessible in your Social Networking Site account so that it is available on and through LoveKPI via your account and your profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access LoveKPI, personally identifiable information that you post to that Social Networking Site may be displayed on LoveKPI. Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.
- Using LoveKPI
- Third-Party Content on LoveKPI. Content from other users, advertisers, and other third parties is made available to you through LoveKPI. Content means any work of authorship or information, including salaries, company reviews, interview reviews, company photos, company employee responses, job ads, company employee profile information, advertisements, comments, opinions, postings, resumes, performance against published KPIs on LoveKPI, messages, text, files, images, photos, works of authorship, e-mail, data or other materials you find on LoveKPI. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the company employee, interview and salary-related information provided by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.
You agree that you will not:
- House Rules. You represent and warrant that you will use LoveKPI solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on LoveKPI ("Your Content"). You understand that you may expose yourself to liability if Your Content or other use of LoveKPI violates applicable law or any third-party right.
While we endeavor to make this service the best it can be, company employee websites are not controlled by us, and we cannot guarantee that your application will be properly received and logged by the third-party company employee website upon transmission. If you have any reason to think your application was not received by a company employee, we suggest you contact them directly to confirm.
- Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with a company employee;
- Create user accounts under false or fraudulent pretences; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same company
- Post Content that you do not own or have the right to post in accordance with the licence set forth in these Terms;
- Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation;
- Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
- Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by LoveKPI);
- Promote, endorse or further illegal activities;
- Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former company employees or potential company employees;
- Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
- Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
- Solicit personally identifying information from minors;
- Except as expressly approved by us, use LoveKPI for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
- Imply a LoveKPI endorsement or partnership of any kind without our express written permission;
- Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;
- Introduce software or automated agents to LoveKPI, or access LoveKPI so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from LoveKPI without our express written permission;
- “Frame” or “mirror” or otherwise incorporate part of LoveKPI into any website, or “deep-link” to any portion of LoveKPI without our express written permission.
- Copy, modify or create derivative works of LoveKPI or any Content (excluding Your Content) without our express written permission);
- Copy or use the information, Content (excluding Your Content), or data on LoveKPI in connection with a competitive service, as determined by LoveKPI;
- Sell, resell, rent, lease, loan, trade or otherwise monetise access to LoveKPI or any Content (excluding Your Content) without our express written permission;
- Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of LoveKPI;
- Interfere with, disrupt, or create an undue burden on LoveKPI or the networks or services connected to LoveKPI;
- Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to LoveKPI; or
- Attempt to circumvent any security feature of LoveKPI;
- Links to Third-Party Websites. LoveKPI may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave LoveKPI, our terms and policies do not govern your use of third-party websites.
- Applying on LoveKPI. Some of our job postings allow you to complete and submit your application on LoveKPI. We provide this service by working directly with a company employee or by searching the Internet for the best contact information we can find for a company employee. When you click the "Apply" button to submit an application on LoveKPI, we send your application to the most appropriate contact information we have on file for that company employee.
We encourage you to supplement LoveKPI's KPI performance estimates with other research.
- KPI performance Estimates. In certain markets we may offer KPI performance estimates features, such as personalised operational performance metrics and targets for the company and industry you work in. We may offer company employees the ability to supplement or replace our KPI estimates with their own data, users should understand that, unless indicated otherwise, results do not represent verified KPI values, guarantees of actual performance values, or endorsements from company employees. Their purpose is to provide data to promote transparency and to help people make informed decisions. We do not guarantee the accuracy of results and you are responsible for how you use them.
You may not coerce employees to leave performance values. Coercion includes asking employees to provide proof to a company employee that they wrote a performance value whether or not that proof includes the content of the performance value itself.
- Special Provisions Applicable To Company employees
- Posting Jobs on LoveKPI. You may not post any job ad that:
- Does not comply with the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labour and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property;
- Contains false information or solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;
- Requires an application fee or up-front or periodic payments; requires recruitments of others; resembles a multi-level marketing scheme, franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement; or only pays commissions (except where the listing makes clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling);
- Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
- Contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorised to submit job ads;
- Contains multiple job openings in a single job ad (unless you've purchased a service that permits this);
- Does not comply with Title VII of the Civil Rights Act or the EEOC's Enforcement Guidance on Company employee's Consideration of Arrest and Conviction Records in Employment Decisions, and relevant state and local laws that prohibit company employees from discriminating against people with criminal backgrounds and require company employees to delay inquiry into an applicant's criminal history until later in the hiring process.
- Discriminates against applicants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law, in each case as determined in LoveKPI's reasonable discretion.
- Performance Values on LoveKPI. You may not offer incentives in exchange for company performance values. You may not trade the same with other company employees. We will remove reviews where we have evidence that users were compensated to leave performance values.
This provision applies to all advertisers, including company employees who purchase Job Ads or display ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads ("Ad Data") for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers' campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.
- Special Provisions Applicable to Advertisers
We do not claim ownership in any Content that you submit to LoveKPI, but you grant us the rights to use such Content as set forth below. By submitting any Content to LoveKPI, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to LoveKPI's exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve LoveKPI and to make Content submitted to or through LoveKPI available to other companies, organisations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through LoveKPI. You should only submit Content to LoveKPI that you are comfortable sharing with others under the terms and conditions of these Terms.
- Enforcement by LoveKPI
- Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
- Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from LoveKPI; suspending your rights to use LoveKPI; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
- Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.
- Rights to Your Content
LoveKPI contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and LoveKPI owns and retains all property rights in LoveKPI. If you are a user, we hereby grant you a limited, revocable, non-sublicensable licence under the intellectual property rights licensable by us to download, view, copy and print Content from LoveKPI solely for your personal use in connection with using LoveKPI. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on LoveKPI or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to LoveKPI. LoveKPI ® is a registered trademark of Omnixco Ltd. The trademarks, logos and service marks ("Marks") displayed on LoveKPI are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
- Rights to LoveKPI Content
You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the "LoveKPI Group") harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third party due to or otherwise arising from your use of LoveKPI, including due to or arising from your breach of any provision of these Terms.
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of LoveKPI. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on LoveKPI, whether caused by users or by any of the equipment or programming associated with or utilised in LoveKPI. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on LoveKPI or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with LoveKPI. Under no circumstances shall we be responsible for any loss or damage resulting from use of LoveKPI or from any Content posted on LoveKPI or transmitted to users, or any interactions between users of LoveKPI, whether online or offline.
LoveKPI is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) LoveKPI will meet your requirements; (2) LoveKPI will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of LoveKPI will be accurate or reliable.
You hereby release the LoveKPI Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.
IN NO EVENT SHALL THE LOVEKPI OR OMNIXCO LTD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF LOVEKPI, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE LOVEKPI GROUP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF LOVEKPI (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
- Disclaimers and Limitation on Liability
These Terms remain in effect while you use LoveKPI and, for registered users, as long as your account remains open. You may delete your account at any time by contacting us through the ‘contact us’ page. We may suspend or terminate your account or your access to parts of LoveKPI, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of LoveKPI. For the avoidance of doubt, you agree that these Terms apply to your use of LoveKPI and any Content posted on LoveKPI at any time prior to the termination or expiration of these Terms.
We may revise these Terms from time to time by posting an updated version on LoveKPI. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of LoveKPI is subject to the most current effective version of these Terms.
- Changes to Terms
If you live in the European Union: You agree that the laws of Ireland, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. We both agree that all of these claims can only be litigated in Dublin, Ireland, and we each agree to personal jurisdiction of the courts located in Dublin, Ireland.
For all others, including those who live outside of the United States, you agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts in Santa Clara County, California, USA, and we each agree to personal jurisdiction in those courts.
- Dispute Resolution