DEFINITION OF USERS

“Job Seeker”: Refers to individuals who utilize the Website and the Services to search for employment opportunities, create video profiles, and apply to job advertisements.

“Client” or “Employer”: Refers to organizations or individuals that utilize the Website and the Services to post job advertisements, search for suitable candidates, and manage their hiring processes.

“Users”: Refers to the collective of “Job Seeker” and “Employer” or “Client”

USE OF THE WEBSITE AND THE SERVICES

 You must be at least 18 years old to use the Website and the Services. By using the Website and the Services, you represent and warrant that you have the legal capacity and authority to enter into this Agreement. If you are not of legal age to enter into binding agreements, or if you are permitted to work in the state, county, or country that you reside in but are under the age of 18, you affirm that your parent or legal guardian has reviewed and consented to this Agreement on your behalf.

By utilizing the Website and the Services, you recognize and accept that we do not have any control over the quality, accuracy, comprehensiveness, truthfulness, or legality of content supplied by third parties. Furthermore, you recognize and accept that we do not have any control over the integrity, accountability or conduct of Job Seekers or Employers.

USER ACCOUNTS

In order to create a user account, you must provide your full name, an email address, your phone number, your country or region of residence, a public username, (collectively “Contact Information”) and a user password. you agree that you will never divulge or share access or access information for your user account with any third party for any reason. In setting up your user account, you may be prompted to enter additional optional information (e.g., but not limited to, your top three career interests, and post your resume). you represent that all information provided by you is accurate and current. you agree to maintain and update your information, and to keep it accurate and current. You are fully responsible for all activity that occurs on your account.

We care about the confidentiality and security of your personal information. Please see the Privacy Policy for more information about the collection and use of data on the Website and the Services.

COMPANY COMMUNICATION CHANNELS

 The Company may use email, text messaging, and push notifications as communication channels to interact with you and provide relevant information, updates, notification, recommendations, support, or other communications. By creating a User Account, you acknowledge and agree to receive communications from the Company through these channels.

We care about the confidentiality and security of your personal information. Please see the Privacy Policy for more information about the collection and use of data on the Website and the Services.

Consent to Electronic Communication: By providing your email address and phone number, you consent to receive electronic communications from the Company via email and text messaging.

 Opt-out Option: You have the option to opt out of receiving electronic communication from the Company at any time. To opt out, you can follow the instructions provided in the communication itself, update the settings in your User Account, or contact the Company’s designated support channels.

Accuracy and Timeliness: The Company strives to provide accurate and timely information through email and text communications. However, you understand that occasional delays or errors in communication may occur due to factors beyond the Company’s control.

User Responsibility for Company Communication Channels: You are responsible for maintain accurate and up-to-date contact information with the Company, including email addresses and phone numbers. You should promptly notify the Company of any changes or updates to their contact information to ensure uninterrupted communication.

Compliance with Applicable Laws: The Company will comply with applicable laws and regulations regarding electronic communications. You are responsible for complying with your respective state, county or country laws and regulations regarding electronic communications.

STRICTLY PROHIBITED ITEMS

The following items are strictly prohibited on the Website and the Services. This list, (collectively, “Strictly Prohibited Items”) provides examples of User Content that are prohibited, but it is not intended to be an exhaustive list.

• Content that defames, harasses or threatens others;
• Posts which discusses illegal activities;
• Content that infringes another’s intellectual property;
• Profane, pornographic, obscene, indecent or unlawful content.
• Content that promotes, fosters, or implies discrimination based on race, religion, gender, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity, source of income or other protected status under applicable law;
• Advertising or any form of commercial solicitation;
• Spamming, phishing, trolling, or any form of abusive or disruptive behavior;
• Content related to partisan political activities;
• Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another’s computer or property; and
• Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.

You may not submit, post, publish, share, or otherwise distribute any of the above Strictly Prohibited Items on or via the Website and the Services.

 USER POSTINGS AND RULES FOR ONLINE CONDUCT

 You agree that You are responsible for Your own use of the Website and the Services and for Your user postings. “User Postings” means all content submitted, posted, published, or distributed, including but not limited to text, images, videos, and other materials on the Website and the Services by You or other users on the Website and the Service’s but not limited to, blog posts, wiki edits, notes, questions, comments, videos, and file uploads. You agree that You will use this Website and the Services in compliance with all applicable local, state, national and international laws, rules and regulations. Including copyright laws, any laws regarding the transmission of technical data exported from Your country of residence, and all United States export control laws.

 User Postings Representations and Warranties: By submitting or distributing Your User Postings, You affirm, represent, and warrant (1) that You have the necessary rights, licenses, consents, and/or permissions to reproduce and publish the User Postings and to authorize Company and its users to reproduce, modify, publish, and otherwise use and distribute Your User Postings in a manner consistent with the licenses granted by You below, and (2) that neither Your submission of Your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not Company, are solely responsible for Your User Postings and the consequences of posting or publishing them.

User Postings Disclaimer: You understand that when using the Website and the Services, You will be exposed to User Postings from a variety of sources. Company is not responsible for the accuracy, usefulness, reliability, or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that You may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Company with respect thereto. Company does not endorse any User Postings or any opinion. As well as recommendation or advice expressed therein. Company does not have any obligation to monitor any User Postings or any other user communications through the Website and the Services.

However, Company reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to this Agreement, Company may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.

U.S. Communications Decency Act (CDA): The U.S. Communications Decency Act, specifically Section 230 (CDA 230), grants immunity to online platforms from liability for User Postings by third-party users. The Company, as an online service provider, is protected by the provisions of CDA 230 and is not responsible for the content posted by users.

User Responsibility and Reporting: Users are solely responsible for their User Postings and any consequences arising from posting or sharing it on the Website, the Services, and any third-party website or services. Users should ensure that their User Postings complies with applicable laws, including copyright, privacy, and defamation laws. You are solely responsible for any legal consequences arising from their non-compliance with applicable laws.

Users are encouraged to report any User Postings that they believe violates this Agreement or applicable laws. Reports shall be sent to [email protected]. The Company will review and address reported violations in accordance with its content moderation policies.

Links to Other Websites: The Website and the Services may include hyperlinks to websites maintained or controlled by others. Company is not responsible for and do not routinely screen, approve, review, or endorse the contents of or use of any of the products or services that may be offered at these websites. If You decide to access linked third-party websites, You do so at Your own risk.

License Grant to Company: By submitting or distributing Your User Postings, You hereby grant to Company a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, redistribute, relicense, and otherwise use, make available, and exploit Your User Postings. In whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).

License Grant to Website and Service Users:  By submitting or distributing Your User Postings, You hereby grant to each user of the Website and Service a non-exclusive license to access and use Your User Postings in connection with their use of the Website and Service for their own personal purposes.

USER COMMUNICATION

You acknowledge that DigitalHire’s Website and Services provide various communication channels for users (including but not limited to Job Seekers and Employers) to interreact with each other, including but not limited to messaging, chat, email, calls, SMS, and push notifications. Users agree to use these communication channels responsibly, in a manner that is lawful, respectful, and compliant with this Agreement and applicable laws.

You understand and accept that the Company does not and will not verify the identities, qualifications, or representations of its users.

User Communication Representations and Warranties: By using the Website and Service communication channels, You affirm, represent, and warrant (1) that the information provided in your communication is accurate, truthful, and up-to-date (2) that your communication does not violate any third-party rights. You, and not Company, are solely responsible for your communication and the consequences of posting or publishing them.

User Communication Conduct: You are solely responsible for your communication and interactions with other users on the Website and the Services. You agree not to engage in and transmit any conduct that are Strictly Prohibited Items.

User Communication Content Monitoring: The Company may monitor, review, or restrict user communication for the purpose of enforcing this Agreement, ensuring compliance with applicable laws, or maintain the integrity of the Website and the Services. The Company is not obligated to monitor or review all user communication, and its failure to do so does not imply endorsement or acceptance of such communication.

User Safety, Privacy, and Assumption of Risk: You are encouraged to exercise caution, common sense, and good judgement when interacting with other users on the Website and the Services. You should take appropriate measures to ensure their personal safety, protect their sensitive information, and conduct due diligence before engaging in any activities or transactions. You are solely responsible for evaluating the suitability, authenticity, and reliability of other users with whom they interact through the Website and the Services. You understand and accept that interactions with other users on the Website and the Services come with inherent risks. You assume all risks associated with their interactions, including but not limited to physical meetings, interviews, communications, transactions, and reliance on information provided by other users.

User Communication Responsibility and Reporting: You agree to comply with all applicable laws and regulations regarding their communication through the Website and the Services. In the event of a dispute arising from user communication, users are encouraged to resolve the issue amicably and in good faith. You are solely responsible for any legal consequences arising from their non-compliance with applicable laws.

You are encouraged to report any user communication that they believe violates this Agreement or applicable laws. Reports shall be sent to [email protected]. The Company will review and address reported violations in accordance with its content moderation policies.

Communication License Grant to Company: By using the Website and the Service communication channels, You hereby grant to Company a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, redistribute, relicense, and otherwise use, make available, and exploit the communicated content. In whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).

Communication Release of Liability: To the fullest extent permitted by applicable law, you release the Company from any claims, demands, or damages arising from or related to user interactions or conduct, including but not limited to, disputes, injuries, loss, or any other harm suffered as a result of such interactions or conduct.

CONSENT TO SHARE INFORMATION

By creating a User Account and providing your Contact Information and submitting User Postings, you acknowledge and agree that the Company may share your Contact Information and User Postings with other users for, but not limited to, viewing, communication and interaction purposes. This includes, but is not limited to, sharing your Contact Information and User Postings with Employers and Job Seekers who have access rights to the Website and the Services provided by the Company.

By voluntarily providing your Contact Information and User Postings on the Website and the Services, you consent to the sharing of this information with other users for the purposes outlined above. The company will take reasonable measure to protect your Contact Information and User Postings, and only share it with other users who have access rights to the Website and the Services and within the boundaries of applicable privacy laws.

We care about the confidentiality and security of your personal information. Please see the Privacy Policy for more information about the collection and use of data on the Website and the Services.

User Responsibility and Obligation: You are solely responsible for and not limited to, your communication, interaction, use and handling of Contact Information and User Postings of other users that are shared. You should exercise caution and use your discretion when contacting or sharing information of other users. You agree not to misuse or abuse the Contact Information and User Postings shared by other users. You should respect the privacy and preferences of other users and refrain from using their Contact Information and User Postings for Strictly Prohibited Items.

Company Liability for Sharing Information: The Company is not responsible for actions or conduct of users who obtain Contact Information and User Postings through the Website and the Services. You understand and accept that the Company does not and will not verify the identities, qualifications, or representations of its users. The Company does not guarantee the accuracy, reliability, or legitimacy of the Contact Information or User Postings provided by other users. You are solely responsible for any legal consequences that arise with applicable laws.

Opt-Out Option: If you no longer wish to share your Contact Information or User Postings with other users and/or no longer want to receive communication from other users, you may adjust your settings within the Website and the Services or contact the Company at [email protected] to request the removal of your contact information from user access.

AI MATCHING

You acknowledge that the Company utilizes artificial intelligence technology to match users based on User Postings and various factors, including but not limited to, user preferences, qualifications, and job requirements. The Company’s AI algorithms analyze user data and User Postings to provide recommendations to optimize user experiences and improve matching accuracy.

Data Processing: You acknowledge and consent to the collection, processing, and analysis of your Contact Information, user data, and User Postings by the AI systems employed by the Company. The AI algorithms may process Contact Information, user data, and User Postings to generate matches and provide relevant recommendations.

Accuracy and Limitations: While the company strives for accurate and effective AI matching, you understand that AI systems may have limitations and cannot guarantee perfect matches or outcomes. You acknowledge that AI matching is based on algorithms and statistical analysis, which may not capture all individual preferences or nuances.

Company Liability for AI Matching: The Company shall not be held liable for any inaccuracies, limitations, or outcomes resulting from AI matching, as it is an automated process based on user-provided data and algorithms. You understand and accept that the ultimate decision-making and responsibility regarding, but not limited to, job opportunities, hiring decisions, or other interactions lies with the users themselves, not the Company. To the fullest extent permitted by applicable law, you release the Company from any claims, demands, or damages arising from or related to AI Matching, including but not limited to, disputes, injuries, loss, or any other harm suffered.

YOUR RIGHT TO USE CONTENT ON THE WEBSITE AND THE SERVICES

You agree that the Website and the Services and all its content are the property of Company Including all copyrights, trademarks, trade secrets, patents, and other intellectual property (referred to as “Company IP”). You agree that Company owns all right, title and interest in and to the Company IP. And that You will not use Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Company IP in any way.  Including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from Company.

All rights in the Website and the Services and its content, if not expressly granted, are reserved.

DIGITAL MILLENNIUM COPYRIGHT ACT

Copyright owners who believe their material has been infringed on the Website and the Services should contact Company at email: [email protected]

Notification must include:

• Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that Website.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity. You must include sufficient information for us to locate the material (e.g., URL, IP address, computer name).
• Information for us to be able to contact the complaining party (e.g., email address, phone number).
• A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent.
• A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

 

DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES

We do not guarantee the validity, accuracy, or legitimacy of any job listings or User Postings by Employers on the Website and the Services. We do not endorse or guarantee the availability, quality, or suitability of any employment opportunities listed on the Website and the Services. We do not verify the authenticity or any information provided by Employers

We do not guarantee the accuracy, completeness, or truthfulness of any resumes, video resumes, application materials, or User Postings submitted by Job Seekers. We do not verify the authenticity of qualification, experience, or any information provided by Job Seekers.

We do not guarantee that you will hire a Job Seeker or be hired by an Employer or that any specific outcome will be achieved through the use of the Website and the Services. We do not guarantee the actions, decisions, or conduct of Employers or Job Seekers using the Website or the Services.

We are not an employer. Any hiring decisions and employment arrangements are solely between the Employer and Job Seeker.

To the fullest extent permitted by applicable law, we shall not be liable for any, but not limited to, damages, losses, liabilities, or expenses arising from or related to job listings, resumes, hiring decisions, User Postings, or your use of the Website and the Services for employment or hiring purposes.

You agree to indemnify, defend, and hold us harmless from any, but not limited to, claims, damages, losses, liabilities, costs, or expenses arising out of or related to job listings, resumes, hiring decisions, User Postings, or your use of the Website and the Services for employment or hiring purposes.

THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

USE OF THE WEBSITE AND THE SERVICES OBTAINED FROM OR THROUGH THE WEBSITE, IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE WEBSITE AND SERVICES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE WEBSITE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS. COMPANY ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE WEBSITE OR SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE PRIVACY POLICY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT COMPANY WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE OR THE SERVICES, OR YOUR (OR ANY THIRD PARTY’S) USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, OR YOUR PLACEMENT OF CONTENT ON THE WEBSITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE OR SERVICES, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.

 

INDEMNIFICATION

You agree to defend, hold harmless, and indemnify Company from and against any third-party claims. In addition, any third-party actions, or demands arising out of, resulting from or in any way related to Your use of the Website and the Services, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, Company will provide You with written notice of such claim, suit, or action.

 

TERMINATION

You agree that Company, in its sole discretion, may terminate Your use of the Website or the Services. For any reason or no reason, upon notice to You. It is Company’s policy to terminate in appropriate circumstances the accounts of users of the Website and the Services who violate the Agreement. If You no longer desire to participate in the Services, then You may terminate Your participation at any time. The rights granted to You hereunder will terminate upon any termination of Your right to use the Website or Services, but the other provisions of the Agreement will survive any such termination.

ARBITRATION

By using the Website and Services, you agree that any dispute, claim, or controversy arising out of or relating to the Agreement, including their interpretation, validity, breach, or termination, shall be resolved exclusively through binding arbitration. Both parties waive their right to bring any dispute to court, except as expressly provided in this Arbitration section.

A written notice by certified mail requiring a signature must be provided by any party seeking arbitration. The arbitration shall be conducted in accordance with the rules and procedures of the chosen arbitration organization or arbitrator. The arbitrator shall be mutually agreed upon by both parties. If no agreement can be reached, the arbitration organization shall appoint an arbitrator. The arbitration will take place in a mutally agreed-upon location or via electronic means, as determined by the arbitrator.

The arbitrator’s decision shall be final and binding on both parties, and it may be enforced in any court of competent jurisdiction.

Severability

If any provision of the Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the Parties hereby authorize the court to modify such provision to the minimum extent necessary to effectuate the Parties’ intentions and the remaining provisions shall remain in full force and effect.

 

GENERAL TERMS

Notices: Notices to Company will be emailed to: [email protected]

Assignment: Company may assign its obligations under the Agreement in whole or part at any time.

Waiver and Severability:  The failure of Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Agreement shall remain in full force and effect.

Choice of Law/Forum Selection: You agree that any claim or dispute arising out of or relating to the Agreement, Website or Services will be governed by the laws of the State of Delaware, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in the State of Delaware, U.S.A. You consent to the personal jurisdiction of those courts over You for this purpose, and You waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

Entire Agreement: The Agreement constitutes the entire agreement between You and Company with respect to Your use of the Website and Services, superseding any prior Agreement between You and Company.

PAYMENTS, CANCELLATION, AND REFUND POLICY

Job Seeker Services

We currently offer the Website and the Service to Job Seekers free of charge. This may change, in our sole discretion, at any time.

Employer Services

Paid Services: Payment for paid services is non-refundable unless otherwise specified in a written agreement between you and the Company or required by applicable law. A service fee is charged to Employers who use the Website and the Services that is provided in a written agreement between you and the Company. All charges and fees are charged in US Dollars (USD). However, charges and fees may vary based on currency exchange rates.

Free Services: Free services provided by the Company do not require payment and are offered without financial obligation. You are not eligible for refunds or credits for any issues or dissatisfaction related to free services.

Free Trials: We currently offer the Video Interview Platform service to Employers for free for 14-Days upon registration. This may change, in our sole discretion, at any time. If you cancel your subscription before the free trial ends, no charges will be applied. The Service fee will be charged at the end of your 14-Day Free Trial period. Which will also mark the beginning of your weekly or monthly billing period. Your payment method (Credit Card or Electronic Check) will continue to get charged until and unless You cancel your Service. You have the right to cancel Your Services at any time without penalty. You can cancel Your Service by emailing us at [email protected]. Cancelation of Service will be in effect at the end of the current billing period. You will continue to have access to Your account until the end of that billing period. The Company does not issue any refunds for Service fees, except at its sole discretion, unless otherwise specified in a written agreement between you and the Company or required by applicable law.

Auto-Renewal: By subscribing to Company’s Services, you authorize the Company to charge the Service fees plus applicable taxes to any credit card or electronic check payment form that is on file with your account. Which can be on a weekly, monthly, quarterly, biannually and/or annually basis, unless canceled before the renewal date. Payment frequencies are determined by the agreement made by you and the Company. All charges and fees are charged in US Dollars (USD). However, charges and fees may vary based on currency exchange rates. You are responsible for managing your subscription and canceling auto-renewal if you do not wish to continue paid services.

Modifications to Pricing and Policies: The Company reserves the right to modify pricing, refund policies, or terms related to paid services, free services, and free trials at any time. You will be notified of any changes to pricing, payment cancellation and refund policy in advance through appropriate communication channels.

Payment processing services for the Company are provided by Stripe and are subject to the Stripe Connected Account Agreement. The agreement includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). To continue access to the Service you agree to be bound by the Stripe Services Agreement. Also, as the same may be modified by Stripe from time to time. As a condition of the Company enabling payment processing services through Stripe, you agree to provide the Company accurate and complete information about you and your business. In addition, you authorize the Company to share it and transaction information related to your use of the payment processing services provided by Stripe.