Terms of Service

Last updated: 09/27/2021

Netsoft Holdings, LLC d/b/a Jobsterraces (together with its Affiliates, Jobsterraces) provides the Service to you in accordance with and subject to the following Terms of Service (these "Terms"). These Terms form part of the Agreement and define the terms and conditions under which you’re allowed to use the Services in accordance with the Agreement, and govern your access to and use of all software, mobile apps, websites, and related services provided to you by Jobsterraces (collectively, the “Services”).

Please read these Terms carefully before you start to use the Services. By using the Services or signing up for an account, you accept and agree to be bound and abide by these Terms, Privacy Policy, and other applicable policies and terms of the Agreement. If you do not agree to the full Agreement, you must not access or use the Services.

1. Definitions

The following definitions apply to these Terms:

  • "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
  • "Agreement" means these Terms, in addition to our Privacy Policy, Data Processing Agreement (“DPA”), Business Associate Agreement (“BAA”), Refund Policy, Spam Guidelines, Affiliate Terms, and any other electronic or written agreement as applicable between or applicable to Jobsterraces and Customer, which govern the provision of the Service to you, as may be updated from time to time.
  • "Control" for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
  • "Customer" means you or your organization or employer.
  • "Data Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data. You (or your organization or employer) is the Data Controller; Jobsterraces is not the Data Controller, but the Data Processor, with respect to Processing of your Personal Data.
  • "Data Processor" means the entity which Processes Personal Data on behalf of the Data Controller, including as applicable any “service provider” as that term is defined by the CCPA. Jobsterraces is the Data Processor that has been retained by the Data Controller (you or your organization or employer) to Process your Personal Data on behalf of the Data Controller (Jobsterraces).
  • "Data Protection Laws" means any and all laws and regulations, including laws and regulations of the European Union, the European Economic Area and their member states, Switzerland, the United Kingdom and the United States and its states, applicable to the Processing of Personal Data under the Agreement as amended from time to time, including but not limited to EU Data Protection Laws and Non-EU Data Protection Laws applicable to the Processing of Personal Data under the Agreement.
  • "Jobsterraces Talent" refers to a web-based directory that allows Users to post or view information about services for hire and qualifications of the Users.
  • "Platform" refers to Staff Monitoring Application, Project Management Application ("Jobsterraces Tasks"), and Jobsterraces Talent.
  • "Personal Data" means any information relating to (i) an identified or identifiable natural person and, (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws).
  • "Process" and “Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  • "Project Management Application" refers to Jobsterraces web-based project management tool that allows Users to organize, assign, and track progress on tasks.
  • "Staff" means an individual within a User’s organization who is subject to the Staff Monitoring Application.
  • "Staff Monitoring Application" refers to Jobsterraces software application that allows Users to track time worked, activities, locations, and other related information for individuals within the User’s organization. The Staff Monitoring Application is one aspect of the Service provided by Jobsterraces under these terms.
  • "You," "Your," or "User" refers to anyone accessing or subject to the Service, including any Staff member, or User of the Project Management Application or Jobsterraces Talent.