KOBEYO TERMS OF SERVICE

Last Updated: March 18, 2024

Each time you access or use KOBEYO LLC's (referred to as “KOBEYO”) online and/or mobile services, including our mobile application or desktop application (collectively referred to as the “KOBEYO Apps”), and any software, services, features, products, programs, or other offerings we provide (including messaging, which may include emails, notifications, or any other message formats) delivered by or on behalf of KOBEYO through or in relation to such services or websites (collectively, the “Site”), you agree to the terms outlined in this agreement (“Agreement”) and acknowledge our Privacy Policy.

Appropriate Use:

The Site is intended for individuals seeking employment opportunities (referred to as “Job Seekers”) and for businesses or individuals seeking to hire or manage job applicants, or who may seek to hire and manage job applicants (referred to as “Employers”). Collectively, Job Seekers and Employers may be referred to as “Users.” All Users on the Site include Job Seekers and Employers. You agree that accessing the Site for any other purposes is strictly prohibited, and unauthorized use may result in termination of access.

KOBEYO does not function as an employment agency or any other type of agent by offering the Site, and provides the Site solely as an independent contractor. KOBEYO does not have authorization to make employment decisions or take any official actions on behalf of Employers or Job Seekers. Nothing in this Agreement nor anything on the Site should be interpreted as establishing an agency relationship between KOBEYO and Job Seekers, and KOBEYO and Employers.

If you use or access the Site as an employee or representative of an Employer, you acknowledge and agree to this Agreement both personally and on behalf of the Employer, where applicable. You also confirm and assure that you have the necessary authority to commit the Employer, as applicable, to the terms of this Agreement.

KOBEYO reserves the right to refuse, take down, or reduce the visibility of any User Content (as described below), as well as suspend or limit access to accounts or features on the Site, at its sole discretion, with or without prior notice. While KOBEYO may provide an explanation for the removal or restriction of User Content or accounts, we are not obligated to disclose every possible reason for such actions. KOBEYO maintains the authority to remove User Content or disable accounts if we believe it serves our interests or those of our Users.

At our sole discretion and without obligation, we may alter or terminate any portion of the Site (including access through third-party links) at any time. We also reserve the right to implement, adjust, or waive any fees associated with the Site, as well as to provide certain features or opportunities to select Users or All Users of the Site.

KOBEYO General Terms of Service

The following general terms apply to all users of the Site:

1. Role of KOBEYO

   1. KOBEYO does not act as an employment agency and is not an employment agency. KOBEYO and its Site serve as a platform to create and facilitate interactions between Job Seekers and Employers, and also, Job Seekers and organizations that may or may not be hiring (referred to as “Potential Employers”). KOBEYO does not make employment decisions on behalf of Employers or Potential Employers, nor do we guarantee job offers for Job Seekers. By using KOBEYO, you acknowledge and agree that KOBEYO is not procuring employees for Employers or Potential Employers, or procuring opportunities to work for Job Seekers. KOBEYO is only providing a tool enabling Employers and Job Seekers, and Potential Employers and Job Seekers, to exchange information as they determine.

   2. Any violation of these Terms of Service may result in removal of your account and access from the Site without the requirement for an explanation from KOBEYO

2. Changes to Terms

   1. KOBEYO reserves the right to modify this Agreement at any time. Changes will be communicated by posting the revised terms on the Site. Continued use of the Site after changes are posted constitutes acceptance of the updated Agreement. At any time and without obligation, we reserve the right to adjust or terminate any portion of the Site, including access through third-party links. We may also introduce, change, or eliminate fees associated with using the Site, as well as provide certain opportunities to all or specific users of the Site.

3. User Accounts

   1. To use certain features of the Site, you may need to create an account. You agree to provide accurate, up-to-date information and to protect the confidentiality of your login details. You are responsible for all activities under your account. Users grant full ownership of all information input into KOBEYO’s Site as property of KOBEYO and release KOBEYO from all liability and damages resulting from this information being made public in any way or form.

A. Terms of Service for Job Seekers

For the purpose of this section A, "you" or “your” refers to individuals or individuals as organizations accessing the Site as Job Seekers, as outlined below.

As a Job Seeker, you may access and use KOBEYO’s Site and its content exclusively for your search for job opportunities with the intent of getting a job. Additionally, you acknowledge that the Terms of Service for All Users (section C) apply to your use. In cases where the Terms of Service for All Users and the Terms of Service for Job Seekers intersect or conflict, you agree that the Terms of Service for Job Seekers will take precedence. You acknowledge that you may not copy, save or redistribute any information displayed on KOBEYO’s site, including all information included in any Job Lead Opportunities. KOBEYO is free for Job Seekers, and was created to help Job Seekers access better information in their search for finding jobs.

1. KOBEYO Job Seeker Profile.

1. To use KOBEYO’s Site and features, you must create a profile which requires inputting personal and other potential, but not necessarily, personally identifiable information, such as but not limited to, your name and email, job search location preferences, wage preferences and skills (referred to as a “KOBEYO Job Seeker Profile").

2. KOBEYO provides you the ability to make your KOBEYO Job Seeker Profile to assist you in finding employment opportunities. It is your responsibility to maintain the accuracy and currency of your KOBEYO Job Seeker Profile.

3. By creating a KOBEYO Job Seeker Profile and using the Site, You agree and consent that KOBEYO may use this information to match you with JLOs, and you authorize KOBEYO to make your KOBEYO Job Seeker Profile available to Employers, Potential Employers, organizations, individuals, or any person or entity with access to the URL linked to your searchable Profile, who may have an interest in your information, including, but not limited to, when you decide to engage with third parties referenced in a JLO (see section A2 about JLOs).

4. To reduce the risk of fraud, and for your protection, KOBEYO may conceal or obscure your contact information, such as your name, email address, or other personally identifiable information, in your KOBEYO Job Seeker Profile. KOBEYO may replace this information with an alias, such as your initials, or other abbreviations. KOBEYO does not guarantee that all or any portion of your personally identifiable information will be changed or hidden, as this decision is solely made at KOBEYO’s discretion.

5. KOBEYO accepts no responsibility and disclaims all liability for your KOBEYO Job Seeker Profile, the information you provide, or any details you share with Employers, Potential Employers, or make publicly available. Avoid including sensitive or confidential information in your KOBEYO Job Seeker Profile, such as background checks, credit reports, medical or health details, social security numbers, or other identification numbers, if you do not want them to be visible to employers or others. KOBEYO has no obligation to identify this information in your profile, but if KOBEYO identifies sensitive or confidential data in your Profile, we may restrict its visibility to employers. KOBEYO cannot guarantee that this information will not be accessible to employers or others.

2. Job Lead Opportunities.

1. KOBEYO provides resources to help Job Seekers in their search for employment in three different formats (collectively referred to as “Job Lead Opportunities”, “JLO”, or “JLOs”, and can be preceded by the term Cold, Sourced or Sponsored to represent a specific JLO type). Each JLO is displayed one at a time to Job Seekers, determined by algorithms that read, interpret and recommend JLOs based on the KOBEYO Job Seeker Profile you made on the Site.

2. Cold JLOs. This JLO type is created by KOBEYO through KOBEYO’s proprietary directory of organizations, which aims to accurately catalog organization names, locations, emails, web links, and other relevant information. It also includes inferred details, such as the potential skills organizations may seek based on their operations, allowing them to be displayed individually to Job Seekers (referred to as a “Cold JLO”). Cold JLOs are not created by the organizations displayed, they consist of aggregated data by KOBEYO, and no money was exchanged between the organization and KOBEYO to display these JLOs. Cold JLOs are meant to accompany a Job Seeker’s efforts in gathering this information on their own by researching companies and their operations, industries, locations, contact information, and other relevant information a Job Seeker might otherwise collect on their own in order to send their resume to inquire whether the organization is hiring for the skills the Job Seeker has or wants to learn. KOBEYO only displays one Cold JLO at a time, as it does with all JLO types, to ensure Job Seekers take their time when deciding if the Cold JLO represents a potential opportunity they want to connect with, and does not allow Job Seekers to view multiple Cold JLOs at once, therefore intentionally eliminating the ability of Job Seekers to connect with multiple Cold JLOs at once. Since KOBEYO is aggregating and displaying third-party information in Cold JLOs, by connecting with Cold JLOs, you acknowledge and agree that KOBEYO has no authority over the links, emails or other methods of contact included in or connected to those Cold JLOs, or any requirements set by third parties after a Job Seeker connects to a Cold JLO, or navigates away from the Site. You acknowledge by using the Site that KOBEYO is not responsible for the accuracy of the information in the Cold JLOs.

3. Sourced JLOs. This JLO type is created by KOBEYO from organizations and other third-parties that are promoting job openings and related content, which may include links directed to external websites (referred to as a “Sourced JLO”). This can include a company’s job board on their website, a job posting in a newspaper, or any other publicly available sources, including those on the internet. Sourced JLOs are not sourced from an API, and are not created on the KOBEYO Site by the organizations displayed, but instead aggregated and displayed by KOBEYO through its Site format. No money was exchanged between the organization and KOBEYO to display these JLOs. KOBEYO is solely relaying this information how it was found and is not the creator of this information, which was developed and distributed by third parties beyond KOBEYO’s control. You acknowledge and agree that KOBEYO has no authority over the content of Sourced JLOs, the links, emails or other methods of contact included in or connected to those Sourced JLOs, or any requirements set by third parties after a Job Seeker connects to a Sourced JLO, or navigates away from the Site. You also acknowledge by using the Site that KOBEYO is not responsible for the accuracy of the information in the Cold JLOs.

4. Sponsored JLOs. This JLO type is created by organizations on KOBEYO’s Site that pay KOBEYO to display their JLOs to Job Seekers (referred to as “Sponsored JLOs”). While we aim to provide accurate and genuine Sponsored JLOs, KOBEYO does not control the content, accuracy, or terms of Sponsored JLOs created by third parties. KOBEYO is solely displaying the information created by these third parties, and is not the creator of this information. You acknowledge and agree that KOBEYO has no authority over the content of Sponsored JLOs, the links, emails or other methods of contact included in or connected to those Sponsored JLOs, or any requirements set by third parties after a Job Seeker connects to a Sponsored JLO, or navigates away from the Site. By using the Site you acknowledge that KOBEYO is not responsible for the accuracy of the information in the Sponsored JLOs, or your actions taken from information in Sponsored JLOs, or results of actions that you took.

5. Reviewing and Screening Job Lead Opportunities. KOBEYO is not required or obligated to review or screen any JLO during its creation and when it is made available for display to Job Seekers on the Site. KOBEYO reserves the right to exclude or remove any JLOs at its discretion, without needing to provide an explanation. You acknowledge and accept that KOBEYO is under no obligation to display any or all JLOs to you. Additionally, KOBEYO cannot guarantee the accuracy or completeness of the information in any JLO, including the identities of Employers or Potential Employers. KOBEYO accepts no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of JLOs or other information submitted by Employers, sourced from Potential Employers, or found in any JLO on the Site.

3. Matching with Job Lead Opportunities.

1. A KOBEYO Job Seeker Profile is necessary to match with, and view, JLOs on the Site, which are presented to Job Seekers based on, but not limited to, algorithms (referred to as the “KOBEYO Matching Algorithms”) that analyze KOBEYO Job Seeker Profiles, JLOs, and other internal Site data, as well as external Site data, in order to recommend and display JLOs to Job Seekers on the Site.

2. The KOBEYO Matching Algorithms are proprietary, and you acknowledge that KOBEYO has no obligation to disclose how they function.

3. The results of JLOs that are displayed to you are at KOBEYO’s discretion, and KOBEYO is not responsible for lost opportunities or inaccuracies. KOBEYO does not guarantee that any of your matches are a good fit or appropriate for you. KOBEYO makes no guarantee that you will be matched with any JLOs.

4. In any matched JLO, or when you Connect with a JLO, KOBEYO may highlight attributes in your KOBEYO Job Seeker Profile that match attributes listed in a JLO or attributes that are missing from your KOBEYO Job Seeker Profile, to you, Employers, or Potential Employers. These highlights are not an indication of whether you are or are not qualified for the position, nor do they imply that you should or should not Connect with a JLO. Connecting with a JLO does not guarantee an interview or job offer. KOBEYO accepts no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of the JLOs and highlights.

4. Connecting with Job Lead Opportunities & Other Communication.

1. Each JLO will include options to Connect with the JLO and, by extension, the third party it represents or showcases. These options may include, but are not limited to, tapping on the web link or email action button provided within the JLO (referred to collectively, “Connect with a JLO” or “Connect with the JLO” or “Connecting with a JLO” or “Connecting with the JLO” or “Connecting with JLOs”), in the connection options available for each JLO.

2. When you Connect with a JLO through KOBEYO’s Site, it is your decision and individual action to do so, and acknowledge that KOBEYO does not require you to take this action and you are doing so at will.

3. When tapping the email action button in your KOBEYO JLO matches, you are granting permission for KOBEYO to access your devices email clients, input information pertaining to your Job Seeker Profile in your email client. You acknowledge that KOBEYO is taking this action to make it easier for you to connect with Employers and Potential Employers.

4. When you Connect with a JLO through the Site, KOBEYO processes and forwards your materials to Employers. KOBEYO is not responsible for any delays, miscommunications, or actions taken by Employers after receiving your application.

5. By Connecting with a JLO you are granting permission to KOBEYO to share your KOBEYO Job Seeker Profile, you acknowledge that your KOBEYO Job Seeker Profile may in whole or in part, be copied, distributed, and published by KOBEYO, as well as third parties. KOBEYO does not control third parties that access or have access to your KOBEYO Job Seeker Profile.

6. You acknowledge and agree that when you Connect with a JLO, KOBEYO may assemble your KOBEYO Job Seeker Profile and the information you transmit, as KOBEYO deems appropriate. We cannot guarantee that any such information will be delivered, received, accessed, read or acted upon. KOBEYO also does not guarantee that any Employer or Potential Employer will receive, be notified about, access, read or respond to any such information, or that there will be no mistakes in the transmission or storage of the data.

7. KOBEYO does not ensure that your messages or applications will be sent, received, viewed, read, or acted upon. Furthermore, we cannot guarantee that Employers will be notified of, access, review, or respond to your resume or application materials. KOBEYO also cannot guarantee error-free transmission or storage of your data.

8. JLOs may be closed or removed between the time you Connect with the JLO and when your information is sent and received. KOBEYO is not responsible for ensuring your information is sent and received before a JLO expires or is removed. KOBEYO and third parties may store your information, including that in your KOBEYO Job Seeker Profile even if the JLO is closed, removed, or for any reason they are no longer accessible on the Site.

9. If you Connect with a JLO, and are redirected to a third-party website, you agree to any terms imposed by that third party and agree not to hold KOBEYO liable for any actions taken by that third-party website. In addition, you acknowledge and agree that you as the Job Seeker, assume all risk for connecting with JLOs and that KOBEYO is not responsible for the accuracy of the information in any JLOs. KOBEYO is solely relaying this information how it was found and is not the original creator of this information, which was developed and supplied by third parties beyond KOBEYO’s control. You acknowledge and agree that KOBEYO has no authority over the content of Sourced JLOs, the links included in or connected to those Sourced JLOs, or any requirements set by third parties after a Job Seeker connects to a Sourced JLO, or navigates away from the Site.

10. KOBEYO does not guarantee the identity of Employers, Potential Employers or the individuals working for them, and advises Job Seekers to proceed with caution when applying for positions. Additionally, KOBEYO does not validate job offers and advises Job Seekers to confirm the legitimacy of any offer before making decisions that could affect their current employment. It is the sole responsibility of Job Seekers to verify the accuracy of Employers, Potential Employers and job offers.

11. Job Seekers should take all precautions, and acknowledge that they accept full responsibility when interacting with JLOs, and that the action of Connecting with a JLO exposes and shares their personal information. As always, exercise caution and be weary of scams. We recommend never paying money or providing payment information to Employers or Potential Employers. Do your diligence before sharing any personal information, including your KOBEYO Job Seeker Profile, and before Connecting with JLOs. To learn more about job scams, including how to identify and avoid them, please visit: https://consumer.ftc.gov/articles/job-scams

12. After an Employer or Potential Employer obtains your contact information, you acknowledge and agree that KOBEYO holds no responsibility or liability for how the Employer chooses to use that information.

13. If you wish for an Employer or Potential Employer to delete, modify, or keep any of the information you submit to them, including your KOBEYO Job Seeker Profile, confidential, you must contact the Employer or Potential Employer directly with your request. Similarly, if you need an alternative method to apply, it is your responsibility to reach out to the Employer or Potential Employer to arrange this, as KOBEYO is not involved in or responsible for the Employer’s or Potential Employer’s application process.

14. Please be aware that KOBEYO does not determine any questions Employers or Potential Employers ask, or establish the qualification criteria for their JLOs. Employers and Potential Employers are entirely responsible for ensuring compliance with all relevant laws, including the Fair Credit Reporting Act and similar regulations, anti-discrimination statutes such as Title VII of the Civil Rights Act of 1964 (as amended), the Age Discrimination in Employment Act, the Americans with Disabilities Act, and any applicable privacy or data protection laws.

15. By using the Site, you acknowledge that Employers determine how the KOBEYO Site and platform will be utilized for their Sponsored JLOs, including establishing Sponsored JLO requirements and defining the specific needs of their hiring efforts. You also acknowledge that after you Connect with a JLO of a Potential Employer, that KOBEYO has no control over the actions of the Potential Employer. YOU ACKNOWLEDGE AND AGREE THAT THE EMPLOYER AND THE POTENTIAL EMPLOYER BEAR FULL RESPONSIBILITY FOR COMPLYING WITH APPLICABLE EMPLOYMENT LAWS, INCLUDING TITLE VII, AND THAT THE JOB SEEKER AGREES TO INDEMNIFY KOBEYO AGAINST ANY CLAIMS ARISING FROM THE EMPLOYER’S USE OF THE KOBEYO SITE. KOBEYO DISCLAIMS ALL LIABILITY AND PROVIDES NO GUARANTEE THAT THE EMPLOYER’S USE OF THE SERVICES, OR THE ACTIONS OF A POTENTIAL EMPLOYER, COMPLIES WITH TITLE VII OR SIMILAR LAWS. KOBEYO DOES NOT CONTROL OR PARTICIPATE IN THE HIRING OR DECISION-MAKING PROCESSES OF EMPLOYERS OR POTENTIAL EMPLOYERS. Additionally, you acknowledge that KOBEYO is not acting as an employment agency by offering the KOBEYO Site. By using the KOBEYO Site, you understand that KOBEYO is not procuring employees for Employers or Potential Employers, or jobs for Job Seekers. Instead, KOBEYO provides a platform that facilitates the exchange of information between Employers and Job Seekers, and Potential Employers and Job Seekers, as they see fit.

16. If you need alternative screening methods for responding to Employer or Potential Employer questions, you must reach out directly to the Employer or Potential Employer. Employers or Potential Employers may request that KOBEYO Job Seekers Connecting to JLOs voluntarily disclose demographic information, such as race, ethnicity, gender, disability status, and/or veteran status, as part of the job application process. Certain Employers or Potential Employers are legally obligated to ask these questions, which you may encounter when applying to jobs on the Site. This process is entirely separate from KOBEYO’s collection of demographic data, and KOBEYO is not responsible for these questions. If you have concerns or inquiries regarding an Employer or Potential Employer’s questions, please contact the Employer or Potential Employer directly or review their privacy policy.

17. All profile or application information you provide through the Site, including any personal data or responses to Employer or Potential Employer questions, is governed by this Agreement and KOBEYO’s Privacy Policy. KOBEYO reserves the right, at its sole discretion, to limit your ability to apply to JLOs. The use of automation, scripting, or bots to perform any of the process of Matching with Job Lead Opportunities or Connecting with Jo Lead Opportunities, is strictly prohibited.

18. By using the Site to view, send, store, or receive information in any format, you consent to that information being processed, analyzed, reviewed, and stored, including through automated methods. This may be done for purposes such as data analysis, quality assurance, enforcing the Site’s rules and KOBEYO’s policies, moderating content, and improving the Site or other KOBEYO products and services. To support these objectives, this data is utilized to develop, train, and apply statistical models, including those based on artificial intelligence and machine learning. Note that KOBEYO works with third party vendors as an extension of the Site in collecting, recording, processing, analyzing, and storing communication data as a necessary part of the Site’s operations and functionality. If you do not agree with any of these terms, do not use the Site.

5. Collection and Use of Your Data.

1. As a Job Seeker, you provide various information about yourself directly and indirectly, and that you take a variety of actions on, through and off of the KOBEYO Site. For example, creating a KOBEYO Job Seeker Profile (which includes but is not limited to, personal and potentially personally identifiable information such as the wage and schedule you desire, past work history, JLO search location preferences, and the skills you have or want to learn), asking and allowing KOBEYO to match you with JLOs, and Connecting with JLOs (including but not limited to the JLOs you connect with and how you Connect with JLOs). KOBEYO also may track how long you spend on the Site, on each of its user interfaces, the actions you take on those interfaces, and when. You acknowledge that by using the Site, that any use and behavior on, through, and off of the Site, may be tracked and recorded. You acknowledge that KOBEYO collects, records, processes, analyzes and stores all of this information, and grant permission to KOBEYO to take all of these actions. You further acknowledge and agree that KOBEYO may inform the Employers, Potential Employers and other third parties about your actions on, and use of, the Site.

2. Employers and Potential Employers may use tracking technology when you interact with a JLO. Using this functionality may require providing notice and obtaining prior consent as mandated by applicable law. You acknowledge and agree that KOBEYO does not have control over the Employer or Potential Employer, or their website. You agree to KOBEYO’s use of, and receipt of, information from any such tracking functionality.

3. Note that KOBEYO may need to fulfill legal obligations, respond to government requests, or assert its legal rights or defend against legal claims. For instance, this could involve receiving legal orders from courts or law enforcement requiring the disclosure of user data, including demographic information.

4. Note that certain Employers or Potential Employers may request applicants to voluntarily disclose demographic details, such as race, ethnicity, gender, disability status, or veteran status, as part of their job application process. In some cases, Employers are legally required to include these questions, which you might encounter when viewing JLOs or Connecting with JLOs on KOBEYO. These questions, and the Employer and Potential Employer process for connecting with Job Seekers, is distinct from KOBEYO’s collection of demographic data, and you acknowledge that KOBEYO is not responsible for these questions.

5. For further information about your data, refer to KOBEYO’s Privacy Policy.

6. Indemnification

1. You agree to indemnify, defend, and hold harmless KOBEYO, its agents, affiliates, and licensors from any claim or liability (including, but not limited to, reasonable legal fees) arising from or related to: (a) your breach of any provision of this Agreement; (b) your use of, or access to, the Site or any KOBEYO product, program, or service; (c) your loss or unauthorized disclosure of information obtained through the use of the Site or any KOBEYO product, program, or service; (d) your violation of applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, employment, equality, or discrimination laws, and any data protection or privacy laws (including any claims that KOBEYO, as your agent, violated such laws); (e) your violation of any third-party rights, including but not limited to copyright, property, or privacy rights; (f) any claim that your content caused harm to a third party; or (g) your actions as Job Seeker, including, but not limited to, viewing and interacting with the Site, communicating with Employers and Potential Employers. This obligation to defend and indemnify will survive the termination of this Agreement and your use of the Site or any KOBEYO product, program, or service.

7. Jurisdiction and Choice of Law

1. The Agreement will be governed and construed by the laws of the State of Colorado, United States, without regard to its law governing conflicts of laws. You hereby irrevocably submit to the sole and exclusive jurisdiction of the state courts of the State of Colorado sitting within United States District Court for the State of Colorado, for the purposes of any suit, action or other proceeding arising out of or based upon the Agreement or any document or instrument delivered pursuant to this Agreement. To the extent permitted by applicable law, you hereby waive and agree not to assert by way of motion as a defense or otherwise, in any such suit, action or proceeding brought in such courts, any claim: (a) that such you are not subject personally to the jurisdiction of the above-named courts; (b) that you are exempt or immune from attachment or execution by such courts in the event that any of the above-named courts enters an order; (c) that the suit, action or proceeding is brought in an inconvenient forum; or (d) that the venue of the suit, action or proceeding is improper. If you bring a lawsuit to enforce any provision of this Agreement, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with that litigation.

2. You hereby waive your right to a jury trial for any lawsuit or legal action that is connected to or arises from your use of the Site or these terms of service.

8. Governing Law and Dispute Resolution

1. This Agreement, along with any disputes arising from or related to it or the Site, will be governed by the laws of Colorado, including matters such as validity, interpretation, and enforcement, as detailed in Section 7 (Jurisdiction and Choice of Law).
2. You acknowledge and accept that if you are located in the United States, you waive any right to a jury trial in connection with any dispute, action, or litigation arising from your use of the Site or these terms of service.

9. Class Action Waiver.

1. By using the Site and in return for the services provided by KOBEYO, you acknowledge that these services are offered to you only under the terms and conditions outlined in this Agreement. In consideration for your use of the Site, you agree not to act as a class plaintiff or representative, join as a class member, or participate as an opposing party in any class-action lawsuit against KOBEYO related to your use of the Site. As a Job Seeker, you acknowledge that your access to the Site is provided free of charge by KOBEYO, and not as a purchased service. Your acceptance of this Agreement, including the Class Action Waiver, is a fundamental condition for your free use of the Site. If you disagree with any of these terms, you agree not to access or use the Site. However, this provision does not limit your right to file a lawsuit as an individual plaintiff, including in small claims court.

9. Reasonability.

1. You agree that the contents of this Agreement, including the scope of the restrictions contained in the Agreement, are reasonable and necessary to protect KOBEYO’s legitimate business interests.

B. Terms of Service for Employers

For the purposes of this Section B, all references to "you" or "your" refer to the individual or organization accessing the Site in the capacity of an Employer or other user as outlined below (also referred to as “Employer”).

As an Employer, you may access and use KOBEYO’s Site and its content exclusively for sharing information about job openings, connecting and communicating with job candidates for these job openings, and have the intention to fill these job openings by hiring individuals, whether on your own behalf, on the behalf of others, on the behalf of an organization, or as an agency acting for multiple parties.

By accessing and using the Site, you agree to this Agreement and acknowledge that the Terms of Service for All Users also apply. In cases where the Terms of Service for All Users and the Terms of Service for Employers overlap or conflict, the Terms of Service for Employers will take precedence.

1. KOBEYO Employer Accounts

1. To use KOBEYO’s Site and features, you must create an KOBEYO Employer Account, for the Organization (referred to as an Employer) that you and any other users in your account are representing. The creation of this account requires inputting personal and other potential, but not necessarily, personally identifiable information, such as but not limited to, your organization name, the organization you are representing, names of individuals, and emails of individuals (referred to as a “KOBEYO Employer Profile"). It is your responsibility to maintain the accuracy and currency of your KOBEYO Employer Profile.

2. When using the Site in the role of an employee or representative of an Employer, or when creating a KOBEYO account for an Employer, you confirm that you have the necessary authority to bind the Employer to this Agreement. By setting up an account for an Employer, the account belongs to the Employer, and you understand that any data you provide KOBEYO through the account, including any actions and timing of those actions, will be visible to the Employer. This includes your individual KOBEYO Employer Profile with the details you input into the Site.

3. KOBEYO accepts no responsibility and disclaims all liability for your KOBEYO Employer Profile, the information you provide, or any details you share with Job Seekers, or make publicly available. Avoid including sensitive or confidential information in your KOBEYO Employer Profile, if you do not want them to be visible to Job Seekers or others. KOBEYO has no obligation to identify this information in your profile, but if KOBEYO identifies sensitive or confidential data in your Profile, we may restrict its visibility to Job Seekers. KOBEYO cannot guarantee that this information will not be accessible to Job Seekers or others.

4. Your KOBEYO account, as an Employer, is intended solely for business purposes and not for personal use. KOBEYO disclaims any responsibility and liability if a third party misuses or falsifies your email address. When you register for a KOBEYO account, you consent to receiving required email notifications about your account activity. If you try to send an email using inaccurate, outdated, or incomplete information, KOBEYO reserves the right to reject such emails, and doing so will violate our terms. Please note that KOBEYO may be obligated to retain certain business records to comply with legal requirements. If an Employer representative wants to access or remove their Personal Data from KOBEYO, they should follow the procedure outlined in KOBEYO’s Privacy Policy.

5. In certain cases, multiple users may be connected to a single account (referred to as a "Connected Account"). A Connected Account is formed when the primary account owner(s) (referred to as "Admins") of an Employer account invite other users to join their Employer account. Admin(s) and other assigned users can grant these individuals varying degrees of access and functionality (referred to as "Roles") within the account, as explained in the Employer section of the Site. This access and functionality include accessing account data, such as Job Seeker data, from the user(s) who connected with your Applicant Searches. If you are an Admin or another authorized user adding someone to one or more Roles, you confirm that you have the proper authority to provide access, access and share this data. Additionally, you agree to protect and indemnify KOBEYO from any claims, damages, legal actions, and costs (including attorney fees and costs) resulting from the sharing of this data, account access, or purchases made under your account. When using a Connected Account, users with certain Roles may be able to access various account information, including communications, actions of other users, Job Seeker Profiles within the Connected Account, resumes, and billing data, and you consent to this access. Users with the appropriate Roles may also be permitted to make purchases under your account, and you accept responsibility for any such charges. If you choose to link your Employer account to another user’s Employer account, you acknowledge that all actions you take within your Employer account, including the timing and nature of those actions, will be visible to all linked users. Administrators of Connected Accounts may retain information provided by Connected Account users, such as email addresses used for receiving applications. The Admin of the Employer account can unlink any user from the account.

6. If a payment method, such as a credit card or bank account information for ACH payments, is linked to your KOBEYO Employer account, KOBEYO has the right to charge that method for any services or products you order, as well as for any unpaid balances, including adjustments for billing errors.

7. You acknowledge that KOBEYO may notify Job Seekers if an Employer account is compromised, including if it is linked to you. However, KOBEYO does not guarantee the delivery or receipt of these notices and assumes no responsibility for this. KOBEYO also disclaims any warranty and liability concerning the accuracy, completeness, timeliness, or reliability of such notifications.

8. KOBEYO may provide recommendations, suggestions, or information to improve users’ experiences on the KOBEYO Site. You acknowledge that these are given as a courtesy and without any guarantees, and your choice to use them is entirely up to you. As an Employer, you bear full responsibility for how you use the Site and its tools, including determining your job descriptions, job requirements, adherence to relevant laws, such as federal, state, and local regulations governing job postings, and decisions about whom to interview or hire. KOBEYO does not accept responsibility or liability for any actions you take based on the information provided. In certain circumstances, KOBEYO may limit your ability to post a job or reduce the visibility of a posting if it does not meet requirements like a salary above minimum wage or compliance with wage transparency laws, or if it violates other relevant laws. However, it is your sole responsibility to ensure compliance with these legal standards, including wage and language requirements, and KOBEYO is not liable for this.

9. KOBEYO may allow you to remove Job Seeker data stored in your candidate dashboard. By deleting this information, you acknowledge that it will no longer be accessible through KOBEYO and that this action cannot be reversed. You agree that KOBEYO is not responsible for maintaining or storing Job Seeker records, or related data for you. You are solely responsible for ensuring compliance with any relevant record retention laws or other applicable legal requirements.

10. You acknowledge that your use of the Site and KOBEYO’s features is entirely at your discretion, and you are free to apply these tools to your hiring process and job openings as you see fit. YOU UNDERSTAND AND AGREE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH APPLICABLE EMPLOYMENT LAWS, INCLUDING TITLE VII, AND YOU AGREE TO INDEMNIFY KOBEYO AGAINST ANY CLAIMS ARISING FROM YOUR USE OF THE KOBEYO SITE. KOBEYO DISCLAIMS ANY LIABILITY AND DOES NOT WARRANT THAT YOUR USE OF KOBEYO’s SERVICES WILL COMPLY WITH TITLE VII OR ANY OTHER SIMILAR LEGISLATION. Furthermore, KOBEYO does not represent itself or its affiliates as an employment agency by offering this Site. You understand that KOBEYO is not responsible for sourcing employees for you or finding job opportunities for Job Seekers.

2. Applicant Searches

1. In order to connect with Job Seekers, you must have a paid subscription, which allows you to create Applicant Searches for your job. Your Applicant Search is displayed to Job Seekers in the form of a Sponsored Job Lead Opportunity (Sponsored JLO(s)). An Applicant Search is where you can and should, include everything you need to find Job Seekers that align with your job opportunity. This can include, but is not limited to, the attributes KOBEYO deems appropriate such as schedule, skills, wage and location attributes, as well as others that you can input, for representing your Applicant Search in the form of a Sponsored JLO, to the right Job Seekers. It’s at KOBEYO’s discretion whether certain attributes are required or optional. You agree that KOBEYO is not liable for the accuracy of your inputs or the reliability of the stated features where you input these attributes. KOBEYO does not warrant that a Job Seeker is qualified, meets the criteria the Employer has set, or that the information provided by the Job Seeker to KOBEYO is accurate. You agree that KOBEYO does not guarantee it will display your Sponsored JLOs or connect Job Seekers to your Sponsored JLOs, and is not required to display or connect Job Seekers to your Sponsored JLOs in order to meet its contractual obligations.

2. When you make an Applicant Search, you must turn it on in order for Job Seekers to view and connect with your Applicant Search. The number of Applicant Searches you can create and activate in order to search and match with Job Seekers, and the duration of those activations and number of matches you can and will receive during each Applicant Search duration (referred to as “Subscription Parameters”) is determined by your subscription level. Subscription level details can be found on www.KOBEYO.com. You acknowledge that KOBEYO can change subscription prices and Subscription Parameters as needed and without prior warning or consent. Notification of these changes can be found in the Billing section of your account. For help, please contact support@kobeyo.com.

3. You acknowledge that KOBEYO is not required to accept, host, or publish your Applicant Search as a Sponsored JLO. The decision to do so is at KOBEYO’s sole discretion. KOBEYO reserves the right to reject or remove any Applicant Search or Sponsored JLO for any reason, or no reason at all, without prior notice. Additionally, KOBEYO may pause Sponsored JLO campaigns at its discretion and without notice.

4. KOBEYO uses the information you input in your Applicant Searches to match Job Seekers that have been determined as a good fit for your job opportunity. Job Seeker matches are then shown your Sponsored JLO. KOBEYO may emphasize the qualifications required for your position to assist Job Seekers in evaluating whether to connect with your Sponsored JLO. However, KOBEYO does not verify the identity of any applicants nor is it aware of their motivation for applying. Therefore, KOBEYO makes no guarantees regarding the qualifications or interest of the Job Seekers applying to your listing. You acknowledge that while KOBEYO does its best to align and display Sponsored JLOs to the right Job Seekers through filtering and sorting, that KOBEYO cannot guarantee your satisfaction of these matches or perceived value of these matches concerning your expectations. You agree that KOBEYO does not have an obligation to explain why or how it came to the decisions behind its matches, and you release KOBEYO from all liability resulting in decisions and results from those decisions concerning KOBEYOs Job Seeker matches for your Applicant Searches. You also understand and accept that KOBEYO has no obligation to display your Sponsored JLOs to all Job Seeker matches, and it is the sole discretion of KOBEYO to determine, when, how and where your Sponsored JLOs are displayed, if they are. You acknowledge and accept that any Job Seeker may indicate interest in your Sponsored JLO.

5. In your Applicant Searches, KOBEYO offers two options for Job Seekers to connect, which include contacting you through email that you provide (referred to as “Email Connect”), or connecting and possibly applying through a web link you provide, which could include a career site, a general application link, or a job description link (referred to as “Web Link Connect”). It is not the responsibility of KOBEYO concerning the accuracy of the information in your Email Connect or Web Link Connect.

6. When a Job Seeker decides to connect with your Sponsored JLO through either your Email Connect or Web Link Connect method, certain details of their profile will be available to you on the KOBEYO Site for a set period of time, such as 15 days (referred to as “Applicant Connection Period”). Therefore, to stay in contact with your Job Seeker Applicants, move your conversation off the KOBEYO platform. You acknowledge and agree that KOBEYO can decide what profile details to share with you when a Job Seeker connects, and the duration of time in the Applicant Connection Period which will be displayed on the Site. You agree that KOBEYO may make these changes without prior notification. You also acknowledge that KOBEYO doesn’t send out notices that a Job Seeker has been removed from a JLO.

7. When KOBEYO displays your Sponsored JLO to Job Seekers, we do not guarantee providing the email address, contact information, or any personal information of any Job Seeker. Although we offer Job Seekers the ability to share their contact info, we also allow them to obfuscate it. Therefore, it is up to a job seeker if they want to share their contact information, and other personal information with you through the Site. For this reason, that is why you can provide your Email Connect for the Job Seeker to contact you, or your Web Link Connect for them to connect and apply. You acknowledge that KOBEYO is only responsible for displaying your Sponsored Job Lead Opportunity methods of contacting you or applying, and is not responsible for sharing the Job Seeker contact information or personal information.

8. When Job Seekers with your Sponsored JLO, KOBEYO may offer them the option to provide demographic information, such as race, ethnicity, gender, age, community membership, disability status, and whether they have a criminal record (referred to as “Demographic Data"). This demographic data survey is separate from any voluntary self-identification questions that Employers may offer. By using the Site, you agree that KOBEYO may collect demographic data from Job Seekers connecting to your Sponsored JLOs through its survey, and that KOBEYO may use the collected information to enhance and improve the Site. Additionally, you agree that as an Employer, you do not have the right, ability, or entitlement to access or view demographic data gathered through KOBEYO’s survey, including by civil discovery, subpoena, or any other legal process, without the explicit consent of the Job Seeker. You further agree that you are solely responsible for complying with all applicable nondiscrimination laws. KOBEYO disclaims any warranties concerning the demographic makeup of Job Seekers who connect with any Sponsored JLO.

9. KOBEYO may provide you with the ability to manage communication with Job Seekers, such as chat. You acknowledge that KOBEYO assumes no responsibility for the communications between you and the Job Seeker. Such communications are solely the responsibility of you and the Job Seeker. You also acknowledge that KOBEYO is not a telecommunications service provider and disclaims all warranties regarding the transmission of communications. KOBEYO does not guarantee the availability of these services or the quality of the services.

10. When you use the Site or any ATS, you are accountable for the content of your Applicant Searches, emails, screener questions, application forms, and any other materials related to your Applicant Search. This includes how you invite candidates to interviews, the accuracy and management of your KOBEYO Employer Profile, and the messages you send through KOBEYO or other platforms in relation to your use of the Site. KOBEYO is not responsible for the content you post and disclaims any liability for it, including its compliance with legal standards. You are solely responsible for ensuring your content complies with relevant laws, including those concerning minimum wage, wage transparency, and any other applicable regulations. If you choose to add voluntary self-identification questions for Job Seekers, you take full responsibility for their legality, content, and how you handle the responses, as well as complying with laws regarding demographic data collection.

11. You are responsible for ensuring that your hiring criteria are directly related to the job and that you do not pose unlawful medical or disability-related questions, or exclude people based on disabilities or any protected category under the law. You are also responsible for offering alternative screening methods if required under the Americans with Disabilities Act or similar legislation, and for indicating clearly that reasonable accommodations are available. Additionally, you must engage with accommodation requests and inform Job Seekers of how they can request accommodations.

12. KOBEYO reserves the right to reject or remove any job postings or questions if they violate the law or discriminate against Job Seekers, either directly or indirectly. Direct discrimination refers to instances where a job posting or question explicitly limits applicants based on their gender, race, age, disability, or other protected characteristics. Indirect discrimination occurs when job requirements or questions unintentionally prevent certain groups from qualifying. It is your responsibility to ensure your job postings, criteria, and questions are job-related and do not violate applicable legal standards. KOBEYO does not guarantee that you will receive applications or other materials without errors, or that notifications regarding applications are reliable. You must actively monitor your Employer dashboard for updates on job applications and related activity, as any notifications you receive are provided only as a courtesy and should not be solely relied upon.

13. If you use tracking pixels, you are fully responsible for your use of them, and KOBEYO disclaims any liability related to them. You agree to comply with all applicable laws, including those related to privacy and data protection, and to defend and indemnify KOBEYO against any claims arising from your use of tracking pixels.

14. You shall indemnify, defend and hold harmless KOBEYO, its agents, affiliates, and licensors from any third-party claim or liability, including without limitation reasonable legal fees, arising out of any content you enter into the Site, or actions you take in relation to use of the Site.

4. Collection & Use of Your Data

1. By accessing and using the Site, you acknowledge and consent to KOBEYO collecting, recording, processing, analyzing, and storing all activities you engage in on the Site, as well as any interactions and communications you have with others through the Site. This includes information such as the areas of the Site you visit (including URLs), the content you view, the data you input, and how you interact with the Site (such as clicks, scrolling, hover actions, and timing). This type of data collection occurs for all users, and can include those using private browsing or incognito modes. KOBEYO may employ vendors to assist in the collection and analysis of this data. By using the Site, you authorize KOBEYO to use this data, as well as any User Content to sell, develop, train, and build statistical models, including machine learning and AI models. You acknowledge that KOBEYO is not obligated to provide any compensation for the use of this data in accordance with these rights.

2. When you use the Site, you request that KOBEYO send data, text, and images that may be temporarily or permanently stored on your device. You can delete this data by clearing third-party cookies from your browser and device. For more details on. You authorize KOBEYO to make necessary connections with various systems, including communication systems, for the operation of the Site, as is required for the Site’s functioning.

3. KOBEYO has limited control over what users do with your data that you make public, such as your Applicant Searches. Your data may be copied and transferred to Other Sites, or other Sites may collect performance information about your Sponsored JLOs without KOBEYO’s permission. You accept any related risks of publication and acknowledge KOBEYO cannot fully preventing these actions from happening.

4. You agree that KOBEYO has no obligation for the accuracy of your data, to store your data, and no responsibility for loss of your data.

5. For further information about your data, refer to KOBEYO’s Privacy Policy

6. Payment & Subscriptions

1. KOBEYO will charge the credit card, or bank account information on file (referred to as “Payment Methods”) for your account for services provided by KOBEYO. Without payment, KOBEYO will cut off access to the Site. Therefore, your payment information must be current in order for charges to occur and uninterrupted access to the Site. By adding Payment Methods, you grant KOBEYO permission to charge these methods to collect payment for services rendered.

2. PAYMENTS ARE NONREFUNDABLE, AND THERE WILL BE NO REFUNDS OR CREDITS FOR ANY PARTIALLY USED PERIODIC ALLOTMENTS UNDER YOUR APPLICABLE SUBSCRIPTION OR PLAN. However, following cancellation, you will retain access to the service until the end of your current billing period. Any potential refunds are at KOBEYO's sole discretion and will be issued only as credits for KOBEYO services. You acknowledge and agree that any billing and payment details, including credit card or bank account information, may be shared with third-party companies working on KOBEYO's behalf, such as payment processors or credit agencies, for the purposes of credit checks, payment processing, and servicing your account. KOBEYO may also release information in response to valid legal processes like subpoenas, search warrants, or court orders, or to assert or defend its legal rights. KOBEYO is not liable for the use or disclosure of such information by third parties.

3. Charges are exclusive of taxes, including VAT, and you are solely responsible for any withholding taxes due to the government, and KOBEYO has no liability for such taxes. You are also responsible for paying all taxes, government charges, and reasonable expenses, including attorney fees, incurred by KOBEYO in collecting overdue amounts.

4. Invoices will be provided to you via email unless otherwise specified by KOBEYO. If you purchase a subscription or plan, you agree that it will automatically renew, and KOBEYO will charge you on a recurring basis until you cancel your subscription or plan, with cancellation taking effect in the next billing cycle. The applicable billing cycle (monthly, annual, etc.) will depend on the agreed terms.

5. Following any cancellation, you will continue to have access to the service until the end of your current billing period. You agree that any billing information you provide, including credit card or bank account details, may be shared with third-party companies working on KOBEYO's behalf, such as payment processors or credit agencies, solely for the purpose of checking credit, processing payments to KOBEYO, and servicing your account. KOBEYO may also provide information in response to valid legal processes, including subpoenas, search warrants, and court orders, or to establish or exercise its legal rights or defend against legal claims. KOBEYO will not be liable for any use or disclosure of such information by third parties. You are solely responsible for any withholding tax remittances to the government, and KOBEYO has no liability for those. Invoices may be sent to you via email unless specified otherwise by KOBEYO. If you purchase a subscription or plan, you acknowledge and agree that your subscription will automatically renew, and KOBEYO will continue to charge you on a recurring basis until you cancel your subscription, with cancellation taking effect no sooner than the next billing cycle. The billing cycle (e.g., monthly or annual) will depend on the terms you agreed to.

6. Refunds, if any, are entirely at KOBEYO's discretion and will only be provided as credit for KOBEYO services. Except as otherwise outlined in this Agreement, KOBEYO may offer refunds for KOBEYO services within four (4) months from the date of purchase. However, KOBEYO will not provide refunds in cases of policy abuse, and all refund decisions are made at KOBEYO’s sole discretion. You agree to pay (i) penalties for late payments based on the current US Federal Reserve interest rates plus 10%, or the maximum interest allowed by law, whichever is lower, (ii) a statutory lump-sum indemnity for recovery costs if required by applicable laws, and (iii) any reasonable expenses and attorney fees incurred by KOBEYO in collecting late payments. You may contact support@kobeyo.com to discuss refunds.

7. You waive any claims regarding charges unless raised within 120 days of the charge, which does not affect your rights with your credit card issuer.

7. Indemnification

1. You agree to indemnify, defend, and hold harmless KOBEYO, its agents, affiliates, and licensors from any claim or liability (including, but not limited to, reasonable legal fees) arising from or related to: (a) your breach of any provision of this Agreement; (b) your use of, or access to, the Site or any KOBEYO product, program, or service; (c) your loss or unauthorized disclosure of information obtained through the use of the Site or any KOBEYO product, program, or service; (d) your violation of applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, employment, equality, or discrimination laws, and any data protection or privacy laws (including any claims that KOBEYO, as your agent, violated such laws); (e) your violation of any third-party rights, including but not limited to copyright, property, or privacy rights; (f) any claim that your content caused harm to a third party; (g) your actions as an Employer, including, but not limited to, screening, hiring, promoting, or demoting any Employee or Job Seeker; or (h) the activities of any third-party service providers you hire to assist with your use of KOBEYO products and services, such as sourcing candidates or tracking conversion rates. This obligation to defend and indemnify will survive the termination of this Agreement and your use of the Site or any KOBEYO product, program, or service.

8. Jurisdiction and Choice of Law

1. The Agreement will be governed and construed by the laws of the State of Colorado, United States, without regard to its law governing conflicts of laws. You hereby irrevocably submit to the sole and exclusive jurisdiction of the state courts of the State of Colorado sitting within United States District Court for the State of Colorado, for the purposes of any suit, action or other proceeding arising out of or based upon the Agreement or any document or instrument delivered pursuant to this Agreement. To the extent permitted by applicable law, you hereby waive and agree not to assert by way of motion as a defense or otherwise, in any such suit, action or proceeding brought in such courts, any claim: (a) that such you are not subject personally to the jurisdiction of the above-named courts; (b) that you are exempt or immune from attachment or execution by such courts in the event that any of the above-named courts enters an order; (c) that the suit, action or proceeding is brought in an inconvenient forum; or (d) that the venue of the suit, action or proceeding is improper. If you bring a lawsuit to enforce any provision of this Agreement, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with that litigation.

2. You hereby waive your right to a jury trial for any lawsuit or legal action that is connected to or arises from your use of the Site or these terms of service.

9. Governing Law and Dispute Resolution

1. This Agreement, along with any disputes arising from or related to it or the Site, will be governed by the laws of Colorado, including matters such as validity, interpretation, and enforcement, as detailed in Section 8 (Jurisdiction and Choice of Law).

2. You agree to waive your right to initiate a pre-suit discovery proceeding to obtain a user's identifying information from KOBEYO. If you seek to obtain user information from KOBEYO through discovery, you agree to do so through a valid federal or Colorado request, properly addressed and served at our registered address: P.O. Box 272, Basalt, Colorado, 81621. Additionally, you consent to the personal jurisdiction of the appropriate Colorado state or federal courts for these discovery proceedings.

3. You acknowledge and accept that if you are located in the United States, you waive any right to a jury trial in connection with any dispute, action, or litigation arising from your use of the Site or these terms of service.

10. Class Action Waiver

1. By using the Site and in exchange for the services provided by KOBEYO, you acknowledge that KOBEYO can only offer you these services under the terms and conditions outlined in this Agreement. As part of your consideration for using the Site and its services, you agree not to file a lawsuit against KOBEYO as a class plaintiff or representative, nor to join or participate as a class member or in any capacity in a class-action lawsuit against KOBEYO regarding your use of the Site. If you disagree with any part of these terms, you should discontinue using the Site. However, nothing in this section restricts your right to file a lawsuit as an individual plaintiff, including in small claims court, in accordance with Section 8 (Governing Law and Dispute Resolution).

11. Reasonability

1. You agree that the contents of this Agreement, including the scope of the restrictions contained in the Agreement, are reasonable and necessary to protect KOBEYO’s legitimate business interests.

C. Terms of Service for All Users

For the purpose of this section A, "you" or “your” refers to individuals or individuals as organizations accessing the Site as any type of User.

The following terms and conditions apply to all individuals who access or use any part of the Site, attempt to do so, or otherwise accept this Agreement. When you create a KOBEYO account, and use the KOBEYO Site, you agree that this Agreement and the terms and policies associated with this Agreement, including KOBEYO’s Privacy Policy, apply to you. You acknowledge that KOBEYO may perform the activities described in this Agreement, and without these activities, the Site cannot function as intended. You agree not to submit or post any commercial communications on the Site, as doing so violates this Agreement. If you disagree with any part of this Agreement or do not wish to authorize the activities it describes, you should not use the Site. You also agree that you have read and acknowledge KOBEYO's Privacy Policy.

1. Content Ownership and Licenses

1. By submitting content to the Site, you grant KOBEYO a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute the content to provide our services.

2. You represent that you have the rights to any content you post and that it does not violate the rights of others.

2. User Content

1. KOBEYO allows users to post content or submit data on its Site (referred to as "User Content"). This functionality helps users access information and communicate about potential job opportunities. KOBEYO is not responsible for User Content, which may be inaccurate, incomplete, misleading, or deceptive. KOBEYO does not verify the truthfulness of User Content. Any opinion, fact, advice, information, or statement in User Content is the sole responsibility of its original author, who may use anonymous identifiers. You may encounter content that you find harmful, offensive, threatening, indecent, or objectionable. User Content may not be suitable or reliable for legal proceedings.

2. Your User Content must not be unlawful, fraudulent, discriminatory, threatening, abusive, obscene, or otherwise objectionable, irrelevant, or unconstructive. It must not contain sexual, ethnic, racial, or other discriminatory slurs, nor should it include proprietary information, trade secrets, intellectual property, or confidential information of others. Your User Content must not include spam, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other commercial communications, except for Job Ads as permitted under this Agreement. Your User Content must not cause harm, particularly to minors.

3. You may not post sensitive identification information, such as a social security number, passport number, national identification number, insurance number, driver's license number, immigration number, or any similar number, code, or identifier, nor any background check information. Posting such sensitive information online may lead to identity theft, for which KOBEYO cannot be held responsible. You may also not post highly confidential personal information, such as medical or health data, or any personal data subject to breach notification requirements in any jurisdiction.

4. KOBEYO may monitor and screen User Content to prevent potentially illegal or harmful activities or actions detrimental to other users. If we determine that your User Content or actions violate these Terms or any KOBEYO policies, or negatively affect other users, we may impose restrictions on accounts associated with you. If you believe any User Content violates this Agreement or our policies, please contact support@kobeyo.com. However, detection methods are not foolproof, and false positives or negatives may occur. KOBEYO has no obligation to monitor any particular user or User Content and does not guarantee that any specific User Content will be removed.

5. KOBEYO reserves the right to disclose all User Content and any related information in connection with operating the Site, protecting itself, its affiliates, partners, and visitors, and complying with legal obligations or government requests. This includes honoring subpoenas, search warrants, law enforcement, or court-mandated requests to disclose User Content. Your identity may be disclosed through such legal requests, even if you post confidentially or anonymously.

6. As an interactive computer service, KOBEYO is not obligated to host or remove any specific User Content and may exclude or remove any User Content from any part of the Site or services for any or no reason. KOBEYO is not required to include User Content in any part of the Site. The decision to remove, publish, or exclude any User Content from the Site is solely at the discretion of KOBEYO. You agree that KOBEYO has no liability or obligation to you or others arising from its editorial decisions.

7. Section 230 of the U.S. Communications Decency Act provides that: (1) Treatment of publisher or speaker – No provider or user of an interactive computer service shall be treated as the publisher or speaker of information provided by another information content provider. (2) Civil liability – No provider or user of an interactive computer service shall be held liable for: (A) Any action taken in good faith to restrict access to or availability of material considered to be obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable, whether or not constitutionally protected. (B) Any action that enables or makes available the technical means for information content providers or others to restrict access to material described in paragraph (1).

3. Site Functionality & Reliability

1. From time to time, KOBEYO may test updates or improvements to the Site, which could affect elements of the Site and its functionality such as the JLO delivery system, audience availability, performance, data sharing, recommendation systems, and formatting. You agree that KOBEYO can conduct these tests without prior notice. Additionally, KOBEYO’s services and their availability may differ based on your location, so it is recommended to check the Site to verify which services are available to you.

4. Data Processing

1. For information pertaining to our Data Processing, please read our Privacy Policy.

5. Prohibited Use

1. KOBEYO was created for United States citizens located in the state of California. You agree and acknowledge that if you use KOBEYO and KOBEYO’s Site outside of the state of California, you, not KOBEYO, take all responsibility for violation of any laws in conjunction with the operation and use of KOBEYO and the KOBEYO Site.

2. You shall not, and shall not authorize or assist any party to, advertise anything illegal or engage in any illegal or fraudulent activities or business practices in any state or country where you are accessing the Site. You represent and warrant that all your information and any and all information you provide to KOBEYO is correct and current; you hold and grant KOBEYO and partners all rights to copy, distribute, and display your information, including websites you include in your account or communications, which will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these terms or your account without notice, and may subject you to legal penalties and consequences. KOBEYO may reject or remove any content, and KOBEYO may disable any account, for any or no reason without notice.

3. You agree that you may not publish, link or enter and data that contains material that (a) infringes or misappropriates the rights, including copyright, of others; (b) contains pornographic, obscene, defamatory, violent, or hate-oriented material; (c) promotes spam; (d) is in violation of any applicable law, or promotes any illegal goods, services, or activities; (e) is in violation of the site rules; or (f) engages in any other activities, whether lawful or unlawful, that KOBEYO determines are harmful to KOBEYO’s reputation, goodwill, other affiliates, customers, users, or operations.

4. You agree not to misrepresent your identity or affiliation, post false, misleading, inappropriate, or illegal content, use automated tools (such as bots) to access or scrape data from the Site, or attempt to gain unauthorized access to the Site or disrupt its operation in any way.

6. Account Termination

1. KOBEYO reserves the right to suspend, terminate, or restrict access to any user account for violating these terms or for any reason at KOBEYO’s sole discretion.

7. Disclaimer of Warranties

1. The Site and its services are provided “as is” and “as available” without warranties of any kind. KOBEYO does not guarantee the accuracy, completeness, or availability of any job listings, profiles, or other content on the Site.

8. Limitation of Liability

1. KOBEYO may provide suggestions, recommendations, or other information to enhance users’ experience on the Site. These are offered as a courtesy and without any warranties, based on input from other users. You understand that any use of this information is at your own risk, and KOBEYO disclaims responsibility for any decisions you make or actions you take based on such information.
2. To the maximum extent permitted by law, KOBEYO shall not be held liable for any damages, losses, or claims resulting from:
   1. Your use of or reliance on the Site or its content;
   2. Any errors, delays, or interruptions in service;
   3. Communications or transactions with third parties, including Employers, Potential Employers, or Job Seekers.

9. Indemnification

1. You agree to indemnify and hold KOBEYO harmless from any claims, damages, or losses arising out of your use of the Site, your violation of this Agreement, or any content you provide.

10. Jurisdiction and Choice of Law

1. The Agreement will be governed and construed by the laws of the State of Colorado, United States, without regard to its law governing conflicts of laws. The Parties hereby irrevocably submit to the sole and exclusive jurisdiction of the state courts of the State of Colorado sitting within United States District Court for the State of Colorado, for the purposes of any suit, action or other proceeding arising out of or based upon the Agreement or any document or instrument delivered pursuant to this Agreement. To the extent permitted by applicable law, the Parties hereby waive and agree not to assert by way of motion as a defense or otherwise, in any such suit, action or proceeding brought in such courts, any claim: (a) that such Party is not subject personally to the jurisdiction of the above-named courts; (b) that such Party is exempt or immune from attachment or execution by such courts in the event that any of the above-named courts enters an order; (c) that the suit, action or proceeding is brought in an inconvenient forum; or (d) that the venue of the suit, action or proceeding is improper. If any party brings a lawsuit to enforce any provision of this Agreement, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with that litigation.

11. Reasonability

1. The Parties agree that the contents of this Agreement, including the scope of the restrictions contained in the Agreement, are reasonable and necessary to protect Customer’s legitimate business interests.

12. Severability

1. In case any one or more of the provisions contained in this Agreement will, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect the other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. If moreover, any one or more of the provisions contained in this Agreement will for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it will be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law. The inclusion of step-down provisions for the scope of any restriction should not be taken as any indication that the original scope selected is unreasonable. In fact, the original scope was arrived at after careful analysis.

13. Entire Agreement

1. This Agreement entered into between the Parties contains the entire agreement of the Parties with respect to the stated subject matter and supersedes any other promise, understanding, or agreement.

2. Privacy Policy

   4.1 Read our Privacy Policy which also includes our coverage of the California California Consumer Privacy Act, CCPA).

   4.2 By agreeing to this agreement, you acknowledge and agree that you have read and agree to KOBEYO’s Privacy Policy.

3. Changes to These Terms

   5.1 KOBEYO reserves the right to modify or update these Terms of Service at any time. Changes will be communicated via updates on the Site.

   5.2 Your continued use of the Site after changes are posted indicates your acceptance of the updated terms.