Agreement to Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“user,” “you,” or “your”) and JobHeist Inc. (“JobHeist,” “we,” “our,” or “us”). By accessing or using our platform, you confirm that you have read, understood, and agree to be bound by these Terms. Acceptance of the Terms occurs through explicit actions, such as checking a box during account registration or continuing to use the platform after updates. If you do not agree to these Terms, you must refrain from using JobHeist. These Terms govern your access to and use of the JobHeist website, mobile applications, and services, including but not limited to job searching, candidate management, and employer posting functionalities.
Information We Collect
JobHeist collects a broad range of information to provide personalized, efficient, and secure services. This includes personal identifiers such as names, email addresses, and phone numbers, professional details such as resumes, employment histories, and educational qualifications, and usage data, including IP addresses, browser types, and session durations. Additionally, we may collect payment-related information, including billing details and transaction histories, when employers subscribe to our services. In limited scenarios, sensitive information, such as government-issued identification for background checks, may be requested, with explicit consent from the user. Data is gathered through various means, including direct user submissions during account registration or job applications, automated tools like cookies and analytics platforms, and integrations with third-party services, such as LinkedIn. Each method ensures compliance with applicable laws, and sensitive data is collected only when necessary and stored securely.
Platform Use and Eligibility
JobHeist is designed for individuals aged 18 years or older who seek employment opportunities or wish to recruit talent. Users are required to provide accurate and complete information during registration and must not engage in prohibited activities, including but not limited to data scraping, posting fraudulent job listings, or misrepresenting credentials. Employers must ensure compliance with applicable employment laws, while candidates are expected to provide truthful information in their profiles and resumes. Misuse of the platform, such as spamming other users or exploiting data for unauthorized purposes, may result in account suspension or termination. JobHeist reserves the right to investigate suspected violations and take appropriate legal action when necessary.
Employer Obligations
Employers utilizing JobHeist agree to post job opportunities that comply with local, state, and federal employment laws. Discrimination, harassment, or any other unlawful conduct in job postings or candidate interactions is strictly prohibited. Employers must ensure the accuracy of job descriptions and honor the terms presented in their postings. Misuse of candidate information, such as sharing personal data without consent or using it for purposes beyond hiring, constitutes a breach of these Terms and may result in legal consequences. Employers found posting fraudulent opportunities or violating employment laws will face penalties, including account termination and potential legal action.
Candidate Obligations
Candidates using JobHeist are expected to maintain the accuracy and integrity of the information they provide on the platform. This includes ensuring that resumes, professional profiles, certifications, and application details are truthful and free from misrepresentation. Candidates must not submit fraudulent or misleading information, as doing so undermines the trust and purpose of the platform and may lead to account suspension or termination. Furthermore, candidates are prohibited from using employer-provided information, such as contact details, for purposes other than legitimate job-seeking activities. Any misuse of employer data, including spamming, harassment, or unauthorized sharing, will be considered a breach of these Terms and may result in legal consequences. JobHeist reserves the right to review and investigate candidate activities to ensure compliance with these obligations.
Intellectual Property
All content on the JobHeist platform, including but not limited to algorithms, user interfaces, trademarks, branding, and database structures, is the exclusive property of JobHeist Inc. and is protected under U.S. and international intellectual property laws. Users are granted a limited, non-exclusive license to access and use the platform solely for its intended purposes. Any unauthorized reproduction, modification, distribution, or exploitation of JobHeist’s intellectual property is strictly prohibited. For instance, scraping the platform’s data, reverse-engineering proprietary algorithms, or copying design elements without prior written consent constitutes a violation of these Terms. JobHeist reserves the right to take legal action against any infringement and to seek damages for unauthorized use of its intellectual property.
Payments and Refunds
Employers engaging JobHeist’s services are required to pay subscription fees according to the chosen tier, as detailed during the registration or upgrade process. All payments must be made promptly through approved methods, including credit cards or digital payment systems, and are subject to applicable taxes. In cases of billing errors, users may request a review and rectification by contacting JobHeist support within 30 days of the transaction. Refunds are granted solely for legitimate disputes, such as double billing, and are processed within 10 business days after verification. JobHeist does not issue refunds for dissatisfaction with services unless explicitly stated in a promotional guarantee. Late payments may result in account suspension or the imposition of additional fees. Users are responsible for ensuring that their payment information remains accurate and up to date.
Termination
JobHeist reserves the right to terminate user accounts for violations of these Terms or for any activity that undermines the integrity of the platform. Examples of terminable offenses include but are not limited to posting fraudulent job listings, submitting false candidate information, engaging in harassment, or attempting to exploit the platform’s systems for unauthorized purposes. Users whose accounts are terminated will receive a notification detailing the reason for termination and may appeal the decision within 14 days by submitting a formal request through JobHeist’s support team. Appeals are reviewed on a case-by-case basis, and decisions made by JobHeist are final. In cases of egregious violations, such as criminal activity or repeated offenses, JobHeist reserves the right to permanently ban the user and pursue legal action.
Disclaimers and Limitation of Liability
JobHeist provides its services on an “as-is” and “as-available” basis, without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. While we strive to ensure the platform operates seamlessly, JobHeist does not guarantee uninterrupted access, error-free functionality, or the success of job applications. Users acknowledge that certain aspects of the platform, such as third-party integrations or external job postings, are beyond JobHeist’s control, and we disclaim liability for issues arising from such dependencies. Furthermore, JobHeist is not liable for damages caused by misuse of the platform, employer misrepresentation, or the failure of candidates to secure employment. In no event shall JobHeist’s liability exceed the total amount paid by the user in subscription fees during the preceding 12 months.
Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising from or related to the use of JobHeist’s platform will be resolved through binding arbitration conducted in Delaware, in accordance with the rules of the American Arbitration Association (AAA). Users agree to waive their right to participate in class-action lawsuits and to resolve disputes individually. Exceptions to arbitration include claims related to intellectual property infringement, which may be brought before the courts in Delaware. Users initiating arbitration must provide written notice to JobHeist, outlining the nature of the dispute and the desired resolution. Arbitration fees are shared equally between the parties unless otherwise awarded by the arbitrator.
Data Processing Addendum
Employers and candidates engaging with JobHeist acknowledge their respective roles as data controllers and data subjects under applicable privacy laws, while JobHeist operates as a data processor. This distinction clarifies responsibilities for data collection, processing, and protection. JobHeist ensures compliance with cross-border data transfer requirements by implementing Standard Contractual Clauses (SCCs) and maintaining certifications where necessary. Employers are required to handle candidate data in accordance with applicable employment and privacy laws, while JobHeist provides tools to facilitate lawful data management. Breaches of these obligations, including unauthorized data sharing or mishandling, may result in legal consequences and termination of continuation of services. Cross-border data transfers, such as those between the United States and the European Union, are conducted using industry-standard safeguards, including encryption protocols, secure servers, and contractual agreements with third-party service providers. Users engaging with JobHeist agree to adhere to these data processing requirements, ensuring the platform’s integrity and compliance with global privacy regulations.
Contact Us
If you have questions, concerns, or feedback regarding this Terms & Conditions, please contact us at:
JobHeist Inc.
Privacy Compliance Office
251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808, United States
support@jobheist.com