SalaryAlly Terms of Service

1. Introduction

Welcome to SalaryAlly. SalaryAlly enables you to receive data and viewpoints from professionals—including but not limited to hiring managers, peers, and those that work in Human Resources, Venture Capital, corporations, and other relevant organizations—to help you prepare for salary and compensation negotiations. Prior to use, we require that you read and accept all of the terms and conditions in, and linked to, these Terms of Use (hereafter, the “Terms of Use”)

2. Your Acceptance of SalaryAlly’s Terms of Use

These Terms of Use will govern your use of the salaryally.com website (the “Website), client deliverables such as reports summarizing data and viewpoints from professionals, and all other services provided by SalaryAlly, including coaching (collectively, the “Services”).

Our Service may integrate with other services on a number of platforms provided by third parties. Please be aware that your activities on each of these platforms may be subject to additional terms of service for that particular platform.

SalaryAlly uses Stripe to process customer payments and Google Suite (Gmail, Google Forms, etc.) to collect customer data, and communicate with customers. Therefore money transactions and information and data exchange are also subject to Stripe’s and Google’s Terms of Use, respectively. SalaryAlly and its team are not responsible for any of Stripe's activities in providing payment services, nor is it responsible for anything contained in Stripe's Terms of Use. SalaryAlly and its team are not responsible for any of Google’s activities, data breaches, data compromises, or customer data loss, nor is it responsible for any of Google’s Terms of Use.

These Terms of Use set forth the terms and conditions of use of the Services These Terms of Use may be modified by SalaryAlly in its sole discretion from time to time and such modifications shall automatically become part of the Terms of Use and shall be effective once posted by SalaryAlly on the salaryally.com website. Your use of the Services will be subject to any such modifications. You should review the Website and these Terms of Use from time to time for any modifications.

Prices for the Services are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the SalaryAlly Site or the Services themselves. SalaryAlly shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.

YOU UNDERSTAND THAT BY USING THE WEBSITE AND/OR THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES.

3. Eligibility

The Service is available only for individuals aged 13 years or older. If you are age 13 or older but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these Terms of Service with your parent or guardian to make sure that both you and your parent or guardian understand and agree to these Terms of Service. You agree to have your parent or guardian review and accept these Terms of Service on your behalf. If you are a parent or guardian agreeing to these Terms of Service for the benefit of a child over the age of 13, then you agree to and accept full responsibility for that child’s use of the Service, including all financial charges and legal liability that he or she may incur. We may, in our sole discretion, refuse to offer the Service to any person or entity and change the eligibility criteria for using the Service at any time. The right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale, or provision of the Service conflicts with any applicable law, rule or regulation.

4. Your Use of the Website

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any SalaryAlly server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Website or any network connected to the Site, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of SalaryAlly, including any SalaryAlly account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or SalaryAlly’s systems or networks, or any systems or networks connected to the Website.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SalaryAlly or any third parties.

5. Changes to the Website

SalaryAlly reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

6. Privacy

Our Privacy Policy applies to the use of the Service and its terms are made a part of the Terms of Service by this reference. You understand that by using the Service you consent to the collection, use, and disclosure of your Personal Information and aggregate data as set forth in our Privacy Policy, and to have your Personal Information collected, used, transferred to, and processed in the United States. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

7. Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to SalaryAlly, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without SalaryAlly’s express prior written consent.

8. User-Generated Content

User-Generated Content includes anything you upload to, store on, or transmit through the Website, and other data, documents, photos, and video. SalaryAlly does not claim ownership of User-Generated Content. Your content remains your content, and you are responsible for it. We do not control, verify, pay for, or endorse the User-Generated Content that you and others make available on the Services. SalaryAlly does not attest to the accuracy of any User-Generated Content available on the Website, and you rely on the information conveyed in such User-Generated Content at your own risk.

Additionally, you will not upload, store, or transmit any User-Generated Content that infringes the copyright, trademark, trade dress, or other intellectual property of a third party on the Website. SalaryAlly disclaims liability for any such activity by the user that may infringe third-party intellectual property, and you further agree to indemnify SalaryAlly for any and all harm resultant from such activity.

We may now or in the future allow you to post or publish content on or upload content to the Service, including but not limited to browser and extension data contributed by you, blog or forum posts, images, and photos. Any content a user submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.” We have no obligation to store, maintain, or provide you a copy of your User Content. You alone are responsible for any of your User Content that may be lost or unrecoverable through your use of the Service. You are encouraged to archive your User Content regularly and frequently. Additionally, you may choose to or we may invite you to submit comments, ideas, or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place SalaryAlly under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, SalaryAlly does not waive any rights to use similar or related Feedback previously known to SalaryAlly, or developed by its employees, or obtained from sources other than you. Additionally, you acknowledge that all email and other correspondence that you submit to us shall become our sole and exclusive property. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction. You grant us a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, worldwide license to use, modify, reproduce, display, and distribute your User Content on the Service for the purposes of operating and providing the Service to you.

9. Third-party content

a. User Content We are not responsible for and do not necessarily hold the opinions expressed by our users, content and data contributors, and third parties; such opinions and other statements are theirs alone, not opinions of SalaryAlly. You acknowledge that by providing you with the ability to receive viewpoints and data through our Service, SalaryAlly is not undertaking any obligation or liability relating to the content. SalaryAlly and its affiliates, successors, assigns, employees, agents, directors, officers, and stockholders (i) do not undertake or assume any duty to monitor our site for inappropriate or unlawful content and (ii) assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, SalaryAlly reserves the right to block or remove communications, postings, or materials at any time in our sole discretion.

SalaryAlly assumes no liability for your interactions with other users, or for any user’s action or inaction. You are solely responsible for your User Content and the consequences of posting or publishing it. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that SalaryAlly shall not be liable for any damages you allege to incur as a result of User Content. SalaryAlly reserves the right, but has no obligation, to monitor disputes between you and other users.

b. Links We may provide links to third-party websites. We do not recommend or endorse the content of any third-party website. We are not responsible for the content of linked third-party websites and we do not make any representations or warranties regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such website. You expressly release us from any and all liability arising from your use of any third-party website.

10. Rules

Your obligations

  1. Roles. SalaryAlly is a “service provider” to you, and you are a “customer” of our Services irrespective of whether you pay fees to obtain the Services.

  2. Applicable laws. You may have additional obligations under local law other than those described in this Terms of Service, particularly if you are located outside of the United States. Such obligations may be more restrictive than this Terms of Service. Use of the Services does not ensure compliance with such laws, nor is SalaryAlly responsible for your compliance with such laws. To the extent SalaryAlly has any obligations to assist you with handling end user information, such obligations are enumerated within a Data Processing Agreement executed between SalaryAlly and you.

  3. Security safeguards. You will use all reasonable efforts to protect information collected via your use of the Services, including any personal information obtained from unauthorized access or use. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any Services.

11. Copyright Complaints

SalaryAlly does not permit copyright infringing activities and infringement of any other intellectual property rights on the Site, and will remove all Content if properly notified that such Content infringes on another's intellectual property rights. SalaryAlly reserves the right to remove Content without prior notice.

If you are a copyright owner or an agent thereof and believe in good faith that any materials on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by sending the following information in writing to SalaryAlly’s designated copyright agent at hello@salaryally.com

  • Your name and electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

  • A description of the copyrighted work that you claim has been infringed. If this notice covers multiple copyrighted works, you may provide a representative list of the copyrighted works that you claim have been infringed;

  • A description of the material that you claim is infringing (or to be the subject of infringing activity) and information reasonably sufficient to permit us to locate the material;

  • Information sufficient to contact you, including your mailing address, telephone number, and, if available, email address;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  • A statement that the information provided in the notice is accurate, and under penalty of perjury, that you are the owner, or agent thereof, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and

  • Your full legal name and your electronic or physical signature.

If you believe that your content that has been removed from the Site does not infringe or that you have the authorization from the copyright owner, you may send a counter-notice to SalaryAlly. To do so, send the following information to our copyright agent using the contact information set forth above.

  • A description of the material that has been removed and the location at which the content appeared before it was removed;

  • A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content;

  • Information sufficient to contact you, including your mailing address, telephone number, and, if available, email address;

  • A statement that you will consent to the jurisdiction of the federal court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which SalaryAlly may be found;

  • A statement that you will accept service of process from the person who provided the notification of the alleged infringement; and

  • Your full legal name and your electronic or physical signature.

If a counter-notice is received by SalaryAlly’s copyright agent, SalaryAlly may send a copy of the counter-notice to the original complaining party informing such person that SalaryAlly may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may, at SalaryAlly’s discretion, be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

12. Licensed Solely for Personal Use

You understand and agree that the SalaryAlly Services and website content is licensed to you solely for your personal, non-commercial use. Usage of the website content for corporate or commercial purposes without an explicit commercial license from SalaryAlly is prohibited and constitutes both copyright and patent infringement.

13. Payment Processing

Payments are managed on the Website through the use of a third-party payment-processing provider, Stripe. In accordance with the “DISCLAIMERS” subsection within these Terms of Use, SalaryAlly disclaims itself from any and all liability that may ensue from your use of the payment processing services.

All paid plans must enter a valid payment account.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

14. Disclaimers

SALARYALLY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, DELIVERABLE(S), SERVICE OR FEATURE ACCESSED THROUGH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE CUSTOMER DELIVERABLE(S), INCLUDING THE DATA AND VIEWPOINTS PROVIDED BY SURVEYING 3-5 PROFESSIONALS, THE SERVICES, INCLUDING COACHING, THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SALARYALLY CANNOT ENSURE THAT THE APPLICATION, ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SALARYALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SALARYALLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE, ANY DATA OR DELIVERABLES PROVIDED TO YOU, AND/OR ANY SALARYALLY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES, AND THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SALARYALLY FOR DISSATISFACTION WITH THE APPLICATION, THE SERVICES, THE WEBSITE OR ANY CONTENT IS TO STOP USING THE APPLICATION, SERVICES, WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SALARYALLY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION, INCLUDING PERSONAL INFORMATION OR FINANCIAL INFORMATION, STORED THEREIN; (IV) ANY ERRORS, MISTAKES, LOSSES, DAMAGE OR UNAUTHORIZED ACCESS RESULTING FROM THE USE OF THIRD PARTY APPLICATIONS BY YOU, BY YOUR END USERS, OR BY SALARYALLY ON YOUR BEHALF; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SALARYALLY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE FEES CHARGED TO THE CUSTOMER FOR USING THE SERVICES.

SALARYALLY DOES NOT GUARANTEE ANY RESULTS FROM USING ITS SITE, DATA, OR SERVICES. THE DATA DOES NOT REPRESENT INDUSTRY AVERAGES OR RANGES. THE DATA GATHERED AND PROVIDED ARE SOLELY THE VIEWS, OPINIONS, AND KNOWLEDGE OF PROFESSIONALS. SALARYALLY WILL KEEP THE NAME OF THE CUSTOMERS ANONYMOUS WHEN SURVEYING PROFESSIONALS ON COMPENSATION VIEWPOINTS AND DATA. SALARYALLY ALSO RESERVES THE RIGHT TO KEEP THE NAMES OF PROFESSIONALS IT GATHERS DATA FROM ANONYMOUS, HOWEVER WILL PROVIDE THE CHARACTERISTICS OF ITS DATA SOURCES, SUCH AS INDUSTRY AND JOB ROLE.

ANY COACHING AND SERVICES PROVIDED BY SALARYALLY REPRESENT THE SHARING OF INFORMATION, BEST PRACTICES, AND PERSPECTIVE AND SHOULD NOT BE TAKEN AS DIRECTION, INSTRUCTION OR ADVICE. THE CUSTOMER SHALL FORM HIS/HER OWN VIEWS AND DECISIONS, AND THE CUSTOMER AGREES HE/SHE WILL NOT HOLD SALARYALLY RESPONSIBLE FOR HOW HE/SHE INTERPRETS OR USES THE DATA.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

15. Indemnity

You will indemnify and hold our officers, directors, employees, and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use, your improper use of SalaryAlly’s Website, applications, or services, and/or your violation of any law or the rights of a third party.

16. No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Use.

17. Choice of Law

These Terms of Use and our provision of Services to you shall be governed by the laws—state, federal, or otherwise—applicable in the State of California, without giving effect to conflicts of law principles.

18. Forum of Dispute

Any dispute arising from or relating to these Terms of Use, the Website, the Application, or our provision of Services to you must be initiated and resolved in a court of competent jurisdiction in the State of California. If you fail to bring a dispute in compliance with these "Forum of Dispute" provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements involved in making such a motion.

19. Severability

In the event that a provision of these Terms of Use is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms of Use will remain in force as though they had not originally included the unenforceable provision.

If two or more Terms of Use provisions are deemed to conflict with each other's operation, SalaryAlly shall have the sole right to elect which provision remains in force.

20. Contacting SalaryAlly

If you have any questions about these Terms of Use, or about SalaryAlly’s Website, Application, or Services, please contact us at: hello@salaryally.com