Enrole Inc., a Delaware corporation (“we,” “us,” “our”), provides a professional networking platform that brings personality-driven recruiting to connect recruiters and candidates. Our platform, which consists of our website, www.enroleapp.com (the “Website”), our mobile application (the “App”), all services available through our Website or App, and related services, referred to here as the “Services”. You (the “user” or “you”) shall use the Services subject to these Terms of Service (the “Terms of Service” or the “Agreement”). The Services are the property of Enrole Inc. and our licensors.
By visiting our Website, downloading or using the App or using any Services, or submitting or viewing Content through our Services, you are agreeing to be bound by the Terms of Service. If you do not agree, do not use any of the Services.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
This is a legal agreement between you and us for use of any of the Services. This Agreement applies to you, whether personally or on behalf of an entity, whether you visit our Website, download our App or use any Services. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and us is intended or created by this Agreement.
If you access the Website from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Candidates – If you are using our Services as a candidate (“Candidate”), you may sign-up, answer questions regarding your personal and professional background, view “cards” from recruiters based on skills, interests, and goals through our Artificial Intelligence-based algorithm. You may swipe ‘up’ to initiate a connection with the recruiter or swipe ‘down’ to reject one, or use such other features or gestures as may be updated by us from time to time on the App or Website. Upon registration, you will have a set number of free credits that you can use to connect with a recruiter by swiping ‘yes’. You may purchase additional credits from us. You can upload a 25 seconds elevator pitch about yourself and your professional background and can record with your in-app camera or upload content.
Recruiters – If you are using our Services as a recruiter (“Recruiter”), you may sign up, swipe and review candidate profiles, and digitally connect with the Candidate. As a Recruiter, you can perform searches for different positions that you are actively seeking to fill and will be able to change your view based on the positions. You will also have to create your profile card, which shall include a 25 second video elevator pitch and other uploaded media.
Subject to the terms of this Agreement, we grant to you, during the term of this Agreement, a limited, non-exclusive, non-transferable and revocable license to access and use the Services. You are welcome to link to our Website from your website or social media channels, provided that your website does not imply any endorsement by or association with Enrole Inc., and provided that we may revoke this permission at any time in our sole discretion.
The information accessed through our Services is not intended for viewing to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, individuals who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
We retain the right to refuse any and all current or future use of the Services, for any reason at any time. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access and/or refuse to provide the access to the Services to you if you breach any of these Terms of Service, we are unable to verify or authenticate any information you provide to us to create your account, or if we believe that your actions are impermissible, inappropriate or may create liability for us.
By creating an account and accessing the Services, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
We do not request your feedback concerning the Services. Nonetheless, if you provide us with any feedback (including through any contact information available on the Website or public forums) concerning the Services, you also grant us and our successors a worldwide, non-exclusive, royalty-free, perpetual and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of such feedback, in any media format and through any media channels, including incorporating such feedback on the Services.
You may not access or use our Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
If you provide any content to the Services, including your professional background, information, images, videos, images, audio files, blogs, documents or any other content (the “Content”), you grant us and our successors and assign, unrestricted, unlimited, worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license to host, use, copy, distribute, transmit, modify, prepare derivative works of such Content for any purpose, commercial or otherwise. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change the Content; (2) to re-categorize any Contents to place them in more appropriate locations on the Website; and (3) to pre-screen or delete any Contents at any time and for any reason, without notice. We have no obligation to monitor your Contents.
We do not guarantee any confidentiality with respect to Content, regardless of whether or not it is published. You are solely responsible for your own Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your Content including the right to authorize us to use the Content in the manner contemplated by the Services and these Terms of Service.
We neither endorse nor assume any liability for any Content. We generally do not pre-screen, monitor, or edit Content. However, we have the right at our sole discretion to remove any Content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for the Services, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such Content. You hereby consent to such removal and waive any claim against us arising out of such removal of any Content, whether it is your own or another user’s.
With respect to your Content, you thereby represent and warrant that:
Any information or Content posted to the Services by you is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we are not liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with access to the Services and are not responsible for which users gain access to the Services. Any use of the Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use our Services.
MOBILE APPLICATION LICENSE
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of the Terms of Service.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play to access the Services:
As part of the functionality of the Services, you may create your account using online accounts you have with third-party service providers, such as Apple Linkedin or Google (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Website and/or the App; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Website and/or the App. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Website and/or the App.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable).
ELIGIBILITY TO USE SERVICES
THE SERVICES ARE NOT AVAILABLE TO ANY PERSONS UNDER THE AGE OF 16. By using the Services, you affirm (a) that you are at least 16 years of age; (b) any information you provide to us is accurate and truthful and you will maintain the accuracy of such information; (c) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services; (d) your use of the Services does not violate any applicable law or regulation; and (e) you will maintain accurate information with us.
You will neither use nor permit others to use the Services (a) for any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose; (b) to create any virus, worm, Trojan horse, or harmful code; (c) for any illegal or unauthorized purpose; (d) to violate any federal, state, or local laws, including those to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement; or (e) to alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network.
YOUR RIGHTS AND RESPONSIBILITIES
You are responsible for providing accurate information to us about yourself, and to inform us if and when that information changes. We cannot be responsible for incomplete and/or inaccurate information. You agree that under no circumstances may you impersonate another individual or represent that you are any individual or entity different from your actual identity. We will restrict any users who knowingly impersonate others.
INTERACTION WITH THIRD PARTIES
All right, title, and interest in and to the Services, and all material, images and/or text available on or through the App or Website (including, without limitation, text, graphics, logos, button icons, images, blog posts, audio clips and software), are and will remain our exclusive property and that of our licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Service gives you a right to use Enrole Inc. name or any of our trademarks, logos, domain names, software, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases and software, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services belongs to us (or our permitted assigns or successors) or our third party licensors. Such intellectual property laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable intellectual property laws may give rise to civil and/or criminal penalties.
SUBSCRIPTION, PAYMENTS AND REFUNDS
A Candidate’s subscription will be based on different tier levels depending on swipe-ups and credits, and a Candidate can get more credits for a fee. The Recruiter subscription will also be tier based. Please look up our website or talk to an administrator for pricing specifics. Subscription shall be on a monthly basis. You have the option to make in-App purchases based on our pricing plan and account type. You will be able to make payment via credit card through a secure payment process for your subscription and in-App purchases. We reserve the right to save your credit card information for payment processing and to avoid interruptions to Service and to process renewals. All refunds will be issued after evaluating them on a case-by-case basis. Please contact email@example.com for more information. You can cancel your subscription anytime by reaching out to us. However, any subscription cancelled
after 15th of a given month will be charged for that full month. Refunds will be issued
within 90 days (subject to change depending on the rules and regulations of our
TERM AND TERMINATION
THESE TERMS SHALL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SERVICES. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. Upon any breach by you of this Agreement, we may pursue, in our sole discretion, all of our legal remedies, including but not limited to termination of your account and your ability to access this Services. You agree that any termination of your access to the Services may be affected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and material in your account and/or bar any further access to such information or to the Services. Further, you agree that we are not liable to you or any third party for any termination of your access to the Services.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S OR APPS CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE OR APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE AND/OR THE APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE APP.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OR OUR DIRECTORS, EMPLOYEES, OFFICERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR ANY SERVICES PURCHASED BY YOU DIRECTLY FROM US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS AS LIMITED BY APPLICABLE LAW.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Enrole Inc. and its employees, officers, agents, or other partners, from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature including physical or monetary harm or civil or criminal claims arising out of (1) your Content; (2) use of the Website and/or the App; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website and/or the App. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We reserve the right to offer promotions, free use of betas or other offers and to change or discontinue these at any time with no notice to you.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Website and/or the App to supply any corrections, updates, or releases in connection therewith.
We reserve the right, but not the obligation, to:
When you provide information to us via our App or Website or send e-mails to us, you are communicating with us electronically. By providing information on our Website or App, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If any provision of this Agreement is unenforceable, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
If you are outside the United States, the laws of your country may be different from those of California and the United States in numerous respects. There is no practical way for us to monitor the laws of every country in detail. You accept sole responsibility for the legality of your actions under laws applying to you.
This Agreement will be governed by and construed in accordance with the laws of the State of California. By using the Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in northern California. You agree that any dispute, claim, or controversy between you and us arising in connection with or relating in any way to this Agreement or to your relationship with Enrole Inc. as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. The arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration shall be held in accordance with the rules of the American Arbitration Association. This arbitration provision will survive termination of the Agreement.
This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.
Supplemental terms and conditions or documents that are currently available (such as the FAQs) or may be posted on the Website or App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to change, modify, add or remove portions of this Agreement, at any time. It is your responsibility to check this Agreement periodically for changes. The latest version of this Agreement supersedes any previous versions of this Agreement. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the new terms, please stop using the Services.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.