Prelude is now a part of Calendly! Read more
Last Updated October 31, 2022
These Terms of Use (“Terms” or “Agreement”) are a legal agreement between you and Interview Schedule Inc., d/b/a Prelude, a wholly owned subsidiary of Calendly LLC (“Prelude,” “we,” “our,” or “us”). Prelude offers a web application that offers users an interface for scheduling interviews with candidates for employment at their organization.
The website located at interviewschedule.com (“Website” or “Site”) is a copyrighted work belonging to Prelude. Certain features of the Site may be subject to additional guidelines or terms, which will be posted on the Site in connection with such features. All such additional terms and guidelines are incorporated by reference into these Terms.
These Terms govern your use of the Site. By logging into or using the Site, you agree to these Terms and you represent that you have the authority and capacity to enter into these Terms. You should be at least 18 years of age to access the Site. If you disagree with any of the provisions in these Terms, do not log into and/or use the Site.
THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH PRELUDE.
If you are a user located in the European Economic Area, Switzerland, or United Kingdom, Prelude’s Data Processing Addendum (“DPA”), which can be provided upon request, will accompany these Terms and set forth other terms that will apply solely to the extent any information you provide to Prelude includes personal data of individuals located in the regions identified above.
Access to the Site. Subject to these Terms, Prelude grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
Use Restrictions. The rights accorded to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive service or website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated. Any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
Changes. Prelude reserves the right to change, suspend, or cease the Site with or without notice to you. You agree that Prelude will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
No Support or Maintenance. You agree that Prelude will have no obligation to provide you with any support in connection with the Site.
User Content. "User Content" means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content and therefore bear all risks associated with use of your User Content, which could include exposure to liability. You hereby certify that your User Content does not violate Prelude’s Acceptable Use Policy described below. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Prelude.
Prelude is not obliged to backup any User Content that you post or submit; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You own all intellectual property rights to your User Content and hereby grant to Prelude an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, or which promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
We reserve the right to review any User Content, and to investigate and/or take appropriate action in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with these Terms, and/or reporting you to law enforcement authorities.
Feedback. If you provide Prelude with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Prelude all rights in such Feedback and agree that Prelude shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Prelude will treat any Feedback you provide to Prelude as non-confidential and non-proprietary.
Our Site may contain Prelude service marks or trademarks as well as those of other companies, in the form of words, graphics, and logos, and any and all intellectual property provided to a customer or user in connection with their use of the Site (“Prelude IP”). Your use of our Site does not constitute any right or license for you to use such service marks/trademarks. Our Site is also protected under international copyright laws. The copying, redistribution, use, or publication by you of any portion of our Site is strictly prohibited. Your use of our services does not grant you ownership rights of any kind in our Site or services. Prelude reserves all rights not expressly granted to you in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to a user or any third party any intellectual property rights or other right, title, or interest in or to the Prelude IP.
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (“Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Prelude, and Prelude is not responsible for any Third-Party Links & Ads. Prelude provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of their own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Prelude will not be responsible for any loss or damage incurred as the result of any such user interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the Prelude and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site.
Cookies and Web Beacons. Like any other website, this Site uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the Site that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
The Site is provided on an "as-is" and "as available" basis, and Prelude expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no guarantee that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, or complete.
Limitation of Liability. To the maximum extent permitted by law, in no event shall Prelude be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the Site even if Prelude has been advised of the possibility of such damages. Access to and use of the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this Agreement, will, at all times, be limited to the greater of 100 US dollars ($100) or the amounts paid to Prelude in the twelve months preceding any claim. You agree that our suppliers will have no liability of any kind arising from or relating to these Terms.
Indemnification. You agree to indemnify and hold Prelude and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Prelude reserves the right 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. You agree not to settle any matter without the prior written consent of Prelude. Prelude will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Subject to this Section, these Terms will remain in full force and effect while you use the Site or as otherwise outlined in a further agreement between you and Prelude. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Prelude will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, any provisions of these Terms that by their nature are intended to survive, will remain in effect.
This provision facilitates the prompt and efficient resolution of any dispute that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
This provision provides that all disputes between you and us will be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney’s fees).
YOU AND PRELUDE AGREE THAT ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution. For all disputes, you must first give us an opportunity to cure or resolve the dispute which is first done by emailing us at support@prelude.co with the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration.
Arbitration Procedures. If this provision applies and the dispute is not resolved as provided in the section above, either you or we may initiate arbitration proceedings.
JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration will be commenced as an individual arbitration and will in no event be commenced as a class arbitration. This provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because these Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. You or we may initiate arbitration in either Delaware or the U.S federal judicial district where you are located.
Class Action Waiver. Except as otherwise provided in this provision, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Prelude specifically agree to do so following initiation of the arbitration.
Other. You understand and agree that by accepting this provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. If any clause within this provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire provision will be unenforceable and the dispute will be decided by a court. This provision will survive the termination of your account with Prelude and your discontinued use of this Site. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this provision if a dispute between us arises.
Your Privacy. Please read our Privacy Policy.
Payment Policy. You must make payment to the Prelude by the due date and of the amount listed on the invoice furnished to you by Prelude corresponding to your most recent contract period. Nonpayment by the due date will result in termination of your account from our systems and a revocation of access to the Site and any associated services.
Notices and Messages. By using the Site, you consent to receive electronic messages (“emails”) from Prelude. These emails may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site. These emails are part of your relationship with us.
You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you receive emails from us at your discretion and as necessary.
Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you electronic mail (“e-mail”) to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Governing Law. These Terms and your use of the Site and any associated services are governed by the laws of the State of Delaware.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Prelude is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Prelude’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Prelude may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Contact Information. If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at support@prelude.co.
