Terms of Service

SERVICE TERMS OVERVIEW

WELCOME TO INSTAPLOY’S SERVICE AGREEMENT

ARTICLE 1. TERMS FOR JOB SEEKERS

1.1. Service Scope and Usage:

This section sets forth the specific guidelines for individuals using the Instaploy platform as job seekers. References to “you” or “your” pertain to the person or entity accessing the platform for job-seeking purposes. The use of Instaploy and its content is strictly limited to personal, non-commercial use. Additionally, you agree to adhere to the general terms applicable to all users. In the event of a conflict between the job seeker-specific terms and the general terms, the job seeker terms will take priority.

1.2. Job Listings and Advertisements:

1.2.1. Overview:

The Instaploy platform provides access to job listings and related content, which may include external links (“Job Listings” or “Job Ads”). Searching for job opportunities on the platform is free for job seekers. The visibility of these ads is determined by factors such as relevance to your search queries, platform activity, and employer contributions. While some employers may compensate Instaploy to promote their job ads, all listings on the platform are categorized as advertisements.

1.2.2. Third-Party Content:

The job ads featured on the platform are created by third parties, and Instaploy has no control over their content. Instaploy is not liable for the information in these ads, the links they provide, or any terms set by third parties after you apply or leave the platform. Some third parties may charge fees to apply, though Instaploy aims to avoid such listings. By navigating to an external site from a job ad, you accept the terms established by that third-party site.

1.2.3. Instaploy’s Rights and Limitations:

Instaploy retains the right to include, exclude, or remove any job ads from search results at its discretion, without the need to provide a reason. Instaploy makes no guarantees regarding the accuracy, completeness, or legality of any job ad or related content on the platform.

1.2.4. Data Collection and Usage:

When you initiate a job application on an external website, Instaploy may collect data regarding your interactions through automated technologies such as cookies and web beacons. This data may include information about the job listings you view and the applications you begin or complete. It is the employer’s responsibility to provide appropriate notices and obtain necessary consents for the use of such tracking tools. However, Instaploy does not have control over how employers manage their websites or handle data.

1.2.5. Tools and Enhancements:

Instaploy may provide tools to enhance your job search, including filters to refine job types or reformatting job ads for optimized viewing on mobile devices. These tools are developed solely by Instaploy and may not always present the exact content of job ads. Instaploy also reserves the right to feature job ads on pages dedicated to specific themes such as inclusive hiring or military-friendly jobs, but this does not guarantee an improved application experience.

1.3. Resume, Videos, and Profile Management

1.3.1. Creating and Managing Your Resume:

By creating or uploading a resume on the Instaploy platform (“Instaploy Resume”), you grant Instaploy permission to improve, and update, edit, and reformat your resume, change the look and template design of your resume, and share your resume with employers and other platform users to help you discover job opportunities. It is your responsibility to ensure that your resume remains accurate and up to date.

1.3.2. Privacy Settings:

Resumes, videos and complete profiles may be searchable on our platform, and may be shared with employers and potential employers who may or may not be a client with instaploy inc, meaning third parties and employers can access them if we choose to allow them to. If you prefer to keep your resume and profile private, you can adjust your settings to remove and deactivate your profile and account.

1.3.3. Feedback and Suggestions:

Instaploy may offer feedback on your resume, such as suggestions for improvement or job recommendations based on your qualifications. However, Instaploy does not guarantee the suitability of these job suggestions, and any actions you take based on this feedback are at your own discretion.

1.3.4. Profile Visibility:

If you have an account on the Instaploy platform, your resume, videos, profile details and data may be linked to your profile, which includes the information you provide on the site. This profile may be visible to employers unless you choose to close and delete your account. Instaploy may also mask your contact information to prevent fraud and to manage who may or may not contact you, though we cannot guarantee when or how this will happen.

1.3.5. Third-Party Collaborations:

In certain U.S. markets, Instaploy works alongside organizations that assist job seekers in finding employment opportunities. These collaborations do not signify a formal partnership, and Instaploy is not accountable for the services provided by these organizations. If you decide to engage with them, Instaploy disclaims any responsibility for the quality or effectiveness of their services.

1.3.6. Disclaimers and Liability:

Instaploy makes no guarantees that your resume will be viewed by employers or that you will receive any job offers. You are solely responsible for the content of your resume, videos, and profile and the actions you take in your job search. Instaploy accepts no liability for the accuracy, legality, or quality of job ads, resumes, or any other content posted on the platform.

1.4. Resume and Profile Management

1.4.1. Resume Visibility and Accessibility:

By creating or uploading a resume and a video on the Instaploy platform (“Instaploy Resume, video and all details known as your profile”), you authorize Instaploy to make your profile and everything in it available to anyone using the platform, including employers who are not yet using the instaploy platform, including users of Instaploy’s Candidate Search Program, and anyone seeking to hire a candidate with your qualifications. This is intended to help connect you with job opportunities. You are responsible for keeping your profile and everything in it accurate and up to date.When you create or upload a resume, or a video, video interview along with any and all details of your profile If you prefer to limit access, you can delete your profile and close your account. Additionally, third parties, including search engines, may copy and share your resume without Instaploy’s control. Instaploy reserves the right to change your resume’s and profile status to “Not Searchable” or remove it altogether from its system if it violates our terms or for any other reason at our discretion. Instaploy is not responsible for how your resume, video, profile or information is used once it is made public.

1.4.2. Public Information and Third-Party Searches:

Instaploy may make your profiles available to third parties, such as employers, through services like Resume Search or our Showcase program. This information is shared to help you connect with potential job opportunities but is not intended for direct application purposes. If you prefer not to have your information shared through these services, you can opt out by deleting your profile and closing your account.

1.4.3. Resume Review and Feedback:

By creating or uploading a resume, video and by submitting any and all data to Instaploy, you consent to Instaploy or its partners reviewing your resume, enhancing your resume, redesigning your resume and reformatting your resume, providing feedback, such as suggestions for improvements, job recommendations, and for us to add additional content we believe you may want to include. You are solely responsible for deciding which jobs to pursue and what to include in your applications. Instaploy disclaims any liability for actions taken based on this feedback and does not guarantee the suitability of the recommended jobs.

1.4.4. Job Ad Matching and Resume Highlights:

Instaploy may show you job ads that align with the content of your resume or emphasize elements of your resume that match job requirements. These highlights do not guarantee that you are qualified for the position or that you will secure an interview or job offer. It is your responsibility to ensure the accuracy of your resume, video and over all profile especially after creating your profile by uploading your resume and completing your video questionnaire. If you find any inaccuracies, you should correct them or contact Instaploy for assistance. Note that updates to your resume may take some time to appear on the platform.

1.4.5. Profile Association and Data Usage:

If you have an Instaploy account, and a profile on our platform your resume data may be linked to your profile on the platform (“Instaploy Profile”). This profile can include details such as your resume, assessment scores, job preferences, video introduction, pre-interview video questionnaire and other information you provide. By default, this information may be visible to third parties unless you choose to delete your profile. To protect against fraud, Instaploy may mask or hide your contact information, replacing it with an alias. However, Instaploy does not guarantee that all your contact details will be masked, as this decision is made at our sole discretion. Employers may also choose to mask their contact details when communicating with you, and you may not be able to return their call unless they share their real number.

1.4.6. Partnerships and Collaborations:

In certain U.S. markets, Instaploy collaborates with organizations that assist job seekers in finding employment. These partnerships do not establish a joint venture, partnership, or agency relationship between Instaploy and the organizations. Instaploy may share your profile with these organizationsThese organizations may promote their services in collaboration with Instaploy, but Instaploy disclaims any responsibility for their actions or the quality of the services they provide.

1.4.7. Job Seeker Responsibilities and Disclaimers:

As a job seeker, you are solely responsible for the accuracy and content of your profile and your job search activities. Instaploy does not guarantee the quality of your job application experience, that your resume will be viewed by particular employers, or that you will receive interviews or job offers. Instaploy disclaims any liability for the information shared or actions taken based on your profile which includes your resume, videos, pre-interview questionnaire and any and all Data and details mentioned in your profile.

1.5. Applying to Jobs Through the Instaploy Platform

1.5.1. Submitting Applications:

When you submit your resume, pre-interview video questionnaire or application information through the Instaploy platform, including personal data, responses to screener questions, and assessments, you agree to be bound by this Agreement and Instaploy’s Privacy Policy and Terms of service. Instaploy reserves the right to limit your ability to apply to job listings or use certain services at its sole discretion.

1.5.2. Reviewing Application Information:

Before submitting your application to Instaploy, it is your responsibility to review all information, including attached files, and resume details to ensure accuracy and completeness. Once submitted and Instaploy shares your information with employers, Instaploy does not control how the employer uses or shares your information. If you need to request changes or deletion of your information, you must contact the employer directly. Instaploy is not responsible for providing alternative methods of application; you must reach out to the employer for such requests.

1.5.3. Transmission and Processing:

By submiting your application, resume and other details to instaploy you grant Instaploy permission to process and transmit your application information to the appropriate employer(s) for the job listing(s) you select and to any other employer seeking to hire. Instaploy may reformat your resume, profile and application or messages as needed, and all processing of your application is governed by this Agreement. Instaploy does not guarantee the delivery, receipt, or review of your application by the employer, nor does it ensure the absence of errors during transmission or storage.

1.5.4. Employer Integration and Responsibilities:

Employers may utilize third-party service providers, such as Applicant Tracking Systems (ATS), to manage their Instaploy accounts and applications. By applying through Instaploy, you consent to the employer’s use of these providers, who may have access to your application information. Instaploy relies on the contact details provided by employers to deliver your application but cannot guarantee the accuracy of this information. If the contact details are incorrect, your application may not reach the intended recipient.

1.5.5. Handling Expired or Removed Job Ads:

Job ads may expire or be removed after you have submitted your application but before it is received by the employer. In such instances, your application will become void. Instaploy is not responsible for expired or removed job ads or for ensuring that applications are delivered before a job ad’s expiration or removal. Furthermore, Instaploy and its third-party providers may retain your application, profile and related data and present it to other employers even if the job listing is no longer available.

1.5.6. Alternative Application Methods:

If you are uncomfortable submitting your application through Instaploy or having it stored by Instaploy or third-party providers, you have the option to send your application directly to the employer through alternative methods, such as postal mail. By using the Instaploy platform and system, you agree to the terms outlined above and below.

1.5.7. Employer Communication and Screening:

Instaploy is not responsible for the content, format, or delivery of an employer’s job application, screener questions, or assessments. Instaploy does not guarantee that your application will be received by the employer, nor can it ensure that you will receive communication from the employer. Employers are solely responsible for complying with applicable laws, including anti-discrimination and applicable U.S. privacy laws. If you need alternative screening methods, you must reach out to the employer directly.

1.5.8. Employer Rejection Notices:

Employers may use communication tools on or off our platform, which automatically sends rejection notices to job seekers after a certain time if the employer does not express interest in the application. Instaploy is not responsible for the content, accuracy, or legality of these rejection notices.

1.5.9. Interview Scheduling:

Employers may request that Instaploy schedule interviews with job seekers who meet certain criteria. Instaploy does not guarantee the accuracy of the employer’s criteria or availability and has no role in determining interview scheduling. It is your responsibility to confirm, reschedule, or cancel interviews as needed. The decision to interview a candidate is solely at the discretion of the employer.

1.5.10. Applicant Grouping and Screening:

Instaploy may offer features that group applicants based on criteria established by the employer, such as resume details or responses to screener questions. However, Instaploy does not make decisions about any hiring decisions, they are solely the responsibility of the employer.

1.5.11. Job Application Suggestions:

When applying for jobs through the Instaploy platform, including third-party sites, Instaploy may suggest information from your profile to include in your application. It is your responsibility to review and verify these suggestions before accepting and submitting them.

1.5.12. Email Verification:

To help prevent fraud and spam, Instaploy may require users to verify their email addresses. If you apply for a job through the Instaploy platform, email verification may be necessary. Failure to verify your email address could result in your application being rejected.

1.6. Job Matching and Recommended Jobs

1.6.1. Job Matching Overview

Job matching is a feature on the Instaploy platform that provides personalized recommendations to both job seekers and employers. For job seekers, this might include suggested job ads similar to those you have recently applied for. For employers, Instaploy may recommend candidate profiles that align with the job ads they have posted.

1.6.2. Data Utilization for Matching

To generate these matches, Instaploy utilizes data collected from both employers and job seekers on the platform. This data includes job ads, your resume, application materials (such as screener question responses),Video questionnaire and Instaploy Assessments, and your activity on the site, including the searches you perform and the job ads you view or apply to. By using the Instaploy platform, you agree and consent to Instaploy using this information to generate and present potential job matches to you and to present your profile to relevant employers.

1.6.3. Receiving Recommended Jobs

Instaploy may also send you job recommendations via the email address associated with your Instaploy account or the email you used to apply for a job. Instaploy may also send you recommendations and messages via SMS to the phone number you listed on your profile. These recommendations are designed to help you discover new opportunities that match your profile and interests.

1.7. Communications and Actions on the Instaploy Platform

1.7.1. Processing and Storing Communications

When you engage in any form of communication on the Instaploy platform—be it viewing, sending, storing, or receiving materials such as job listings, resumes, videos, messages, emails, applications, interview recordings, or any other information—you consent to the processing, analysis, review, and storage of these communications. This includes the use of automated tools for data analysis, quality control, content moderation, enforcement of platform rules, and the improvement of Instaploy services. To achieve these goals, Instaploy may use this data to develop and train statistical models, including artificial intelligence and machine learning models. Instaploy also works with vendors to collect, record, and process communication data as an extension of the platform. If you do not agree with these terms, you should refrain from using the site.

1.7.2. Notifications About Employer Actions

When an employer interacts with your profile, Instaploy may notify you of these actions. Notifications might be sent via app alerts, SMS, email, or platform messages, depending on the activity. These notifications are provided as a courtesy, and you should not rely solely on them. For instance, if you accept an interview request, it is your responsibility to follow up with the employer directly. Instaploy does not guarantee the transmission, receipt, or timing of these notifications.

1.7.3. Text Message Reminders

Instaploy may send you text message reminders for interviews scheduled by either Instaploy or by an employer. By entering your phone number, you confirm that you own the number and consent to receiving automated text message reminders and SMS communications from our platform. If your phone number changes, you must update your Instaploy account promptly. By providing your phone number or using the site, you establish a business relationship with Instaploy and with any employer we choose to share your profile with, which may include receiving text messages as part of that relationship.

1.7.4. In-App and Relay Messaging Services

Instaploy may enable in-app messaging services (“Instaploy Messaging”) and other communication options like text, email, or call relay services to facilitate contact between employers and job seekers. These services are limited to job-related communications, and Instaploy reserves the right to disable them at any time without notice. Given the dependency on third-party providers, there may be delays or technical errors in the delivery or receipt of these communications. Instaploy does not guarantee error-free operation of these integrations and is not liable for any missed or unreceived messages.

1.7.5. Email Alias and Communication Handling

Instaploy may at its own discretion create an alias email address for you to use in communications with employers, keeping your actual email private. Once an employer has your contact information, Instaploy is not responsible for how the employer uses it. Messages sent through Instaploy-provided aliases will be processed and displayed according to Instaploy’s discretion. Messages related to the same conversation may not always be grouped together correctly. Additionally, sending bulk messages or circumventing limitations by using third-party email services is not permitted. Instaploy is not liable for the content or use of any messages sent through its platform.

1.7.6. Text to Apply and Scan to Apply

Instaploy may offer services like “Text to Apply” and “Scan to Apply” to facilitate job applications through text messaging or QR code scanning. By using these services, you agree to receive text messages related to job listings, understanding that messages and data rates may apply. These services rely on third-party providers, and Instaploy is not responsible for any technical delays or errors in the messaging process. You represent that you are the primary user of the phone number you use for these services.

1.7.7. Chatbots and Automated Interactions

Instaploy may enable chatbots on the platform to assist with tasks such as applying to jobs, scheduling interviews, or interacting with job listings. These chatbots are automated and do not involve human interaction. Communications with chatbots are recorded and analyzed to improve Instaploy’s services, and you should verify the accuracy of any information provided by these chatbots. Instaploy is not responsible for any errors or inaccuracies resulting from chatbot interactions.

1.7.8. Chat and Communication Options

Instaploy reserves the right to enable or disable chat or other communication options for specific employers or job listings at its discretion. If you wish to disable browser or mobile push notifications, you can do so through your device’s settings.

1.8. Virtual Communications

1.8.1. Overview of Virtual Interviews

Instaploy or Employers may offer you the chance to participate in various forms of virtual communication through Instaploy products, including virtual interviews, pre-recorded sessions, phone interviews, video meetings, and other remote interactions (“Virtual Interviews”). You acknowledge that Instaploy is not a telecommunications service provider; rather, it facilitates these interactions through third-party services and integration services made available on our platform. Since these services rely on third-party providers, there may be technical delays or malfunctions beyond Instaploy’s control. Instaploy does not guarantee the quality, security, or reliability of any Virtual Interview, including the transmission of audio/visual content, and is not liable for any issues or claims arising from your use of these services.

1.8.2. Employer Responsibilities and Limitations

You understand that Instaploy does not control the employer’s schedule or availability for Virtual Interviews, nor can Instaploy verify the accuracy of the contact information provided by the employer. All aspects of the interview process, including the content of questions, comments, and hiring decisions, are the sole responsibility of the employer. Employers are also responsible for accommodating any specific needs you may have during the Virtual Interview.

1.8.3. Recording of Virtual Interviews

Recording Notice: Instaploy or Employers may choose to record Virtual Interviews or allow you to pre-record an interview for their review. If a recording is enabled, you will be notified by visual, audio, or other means. If you do not consent to being recorded, you should not participate in the pre-recording or should leave the Virtual Interview immediately. By proceeding with a Virtual Interview, you consent to the recording, storage, access, sharing and analysis of the session by Instaploy, third-party providers, and the employer. You agree that the employer may use, store, analyze, and share the recording, and acknowledge that these actions are outside Instaploy’s control. Instaploy is not liable for any claims related to the recording of Virtual Interviews, and you release Instaploy from any such claims.

1.8.4. Data Security and Liability

Data Security Disclaimer: You acknowledge and agree that there is no guaranteed protection for any information you share or data transmitted to our platform when applying to a job and or during Virtual Interviews, including audio/visual content, interview questions and answers, or your image. To the maximum extent permitted by law, Instaploy is not responsible for securing or protecting any data you transmit during these sessions. Instaploy assumes no liability for any misuse of data shared during Virtual Interviews and does not guarantee the availability or retention of recordings. You use Virtual Interviews at your own discretion and risk, and Instaploy disclaims all liability arising from your participation in these services.

1.9. Screening Tools

1.9.1. Instaploy and Employer Use of Screening Tools

Instaploy may use and provide screening tools for employers to use during the application process, including screener questions, phone screening tools, and assessments. As a job seeker, you agree that the employer and Instaploy can use such tools to help determine candidates fit for the job, and that hiring decisions are ultimately made by the employer.

1.9.2. Instaploy’s Role in Screening Tools

Instaploy’s provision of screening tools does not constitute the actions of an employment agency. By using these tools, you acknowledge that Instaploy is not procuring employees for employers or securing job opportunities for job seekers. Instead, Instaploy merely provides a platform that enables the exchange of information between employers and job seekers as they see fit. The content of screening tools, decisions related to interviews or job offers, and any issues arising from the acceptance or denial of employment are solely the responsibility of the employers or job seekers involved.

1.9.3. Compliance and Accessibility

You acknowledge that the employer is solely responsible for providing alternative screening methods if required by the Americans with Disabilities Act (ADA) or any other applicable law. While Instaploy follows the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA in designing and developing accessible tools, each disability is unique. Therefore, Instaploy does not guarantee that the delivery method of these screening questions complies with the ADA or any similar law.

1.10. Instaploy Assessments

1.10.1. Overview of Instaploy Assessments:Instaploy Assessments is a tool that enables employers to evaluate specific skills of job seekers through assessments and receive their responses (“Responses”). Employers may send assessments to job seekers, who then provide responses for the employer’s review. It’s important to understand that these assessments evaluate particular skills and are not a measure of a job seeker’s overall qualifications for a role. The relevance of a skill to a job, as well as whether a job seeker is qualified, is determined entirely by the employer. Employers also decide how to utilize the responses in their hiring process.

1.10.2. Employer Control and Responsibility

As a job seeker, you acknowledge that employers or their representatives choose which assessments to send for job openings. Instaploy does not control the selection of assessments or how they are used by employers. The employer decides which questions to ask and which responses qualify a candidate. Employers may instruct Instaploy to send rejection notices if your responses do not meet their standards. Instaploy does not have any discretion over these decisions.

1.10.3. Alternative Methods and Accommodations

Employers are responsible for offering alternative methods of screening if required by the Americans with Disabilities Act (ADA) or similar laws. While Instaploy designs its offerings according to accessibility standards (WCAG 2.1, Level AA), it does not guarantee that the delivery of assessment questions complies with all accessibility laws. If you require accommodations or alternative methods, it is your responsibility to communicate this to the employer.

1.10.4. Confidentiality of Assessments and Responses

The content of assessments and responses must remain confidential. You agree not to share or reproduce any assessments or responses, except when communicating directly with the employer who sent the assessment. Keeping this information confidential is essential to maintaining the value of the assessments.

1.10.5. No Guarantee of Review or Response

Instaploy does not guarantee that employers will review or respond to assessments or responses. Additionally, if an employer pauses or closes a job listing, there is no guarantee that they will review or consider assessments or responses provided after that time. However, you may still choose to complete an assessment for inclusion in your Instaploy profile or for future job applications.

1.10.6. Data Processing and Transmission

By using Instaploy Assessments, you agree that your responses, applications, and other communications will be processed and analyzed according to Instaploy’s Privacy Policy. Instaploy may reformat and display responses in ways that allow employers to compare them with other applicants. However, Instaploy does not guarantee the transmission, receipt, or review of your responses by employers.

1.10.7. Prohibited Content in Responses

As a job seeker, you agree not to include highly confidential or sensitive information in your responses, such as bank details, health information, or proprietary data. You also agree not to send unsolicited commercial communications or violate any platform rules through your responses.

1.10.8. No Employment Agency Role

Instaploy does not act as an employment agency by offering the Instaploy Assessments tool. It merely facilitates the exchange of assessments and responses between employers and job seekers. Employers are solely responsible for all hiring decisions and for the content of any assessments or responses.

1.10.9. Legal Limitations and Responsibilities

Job seekers must assert any employment-related or discrimination claims directly with the employer, not Instaploy. Instaploy is not liable for any agreements made between employers and job seekers and disclaims responsibility for the content, accuracy, and reliability of the assessments and responses.

1.11. Career Services

1.11.1. Overview of Career Services

Instaploy may offer a range of career-related services, including resume review, resume scanning, offer coaching, live video consulting sessions, writing services, general career guidance, and other consultation services (“Career Services”). By using these services, you consent to Instaploy or a designated vendor providing the service you select. These services are intended for your personal use concerning your own resume, job offers, or employment situation and are not to be used on behalf of others.As part of its services, Instaploy may also provide career or hiring guides through blog posts, emails, or other channels. These may include tips on improving your resume, effectively using it in job applications, preparing for interviews, and more. It’s important to note that these Career Services are offered as optional guidelines, and Instaploy disclaims all liability for actions taken or not taken based on these services.

1.11.2. Responsibility and Use of Information

When using Career Services, you agree to provide complete and accurate information in any forms associated with these services. Any information you upload, including resumes, is treated as User Content and is subject to the relevant sections of this Agreement. The career-related content provided by Instaploy or its vendors is for informational purposes only and is not to be construed as professional career counseling or staffing services unless expressly noted. You are responsible for reviewing and editing any career or hiring-related information provided to you before using it in applications or other contexts. Instaploy does not guarantee the accuracy or completeness of any information provided and does not promise job interviews, job placements, higher salaries, or any specific outcomes as a result of using these services.

1.11.3. Ownership and Licensing

Instaploy retains all rights to Career Services and related materials, including video feedback and hiring tips. When you use Career Services, Instaploy grants you a non-exclusive, non-transferable, non-sublicensable license to use the materials developed for you. This license is limited to personal, non-commercial use, and any further use is prohibited.

1.11.4. Engagement with Third Parties

Instaploy may facilitate your interaction with third parties, such as career coaches or professional writers, for job search advice, resume writing, or career strategies, either through the platform or in person. These third parties are not employees of Instaploy, and Instaploy is not responsible for the content or outcomes of these discussions. You should avoid sharing confidential or sensitive information with these third parties. Instaploy does not guarantee the quality or effectiveness of the advice or guidance provided by these third parties and disclaims any liability arising from these interactions. Additionally, if you use live video services as part of Career Services, you agree to the privacy policy of the third-party platform that facilitates these video sessions.

1.12. Salary and Other Information Provided by Instaploy

1.12.1. Informational Purpose of Salary Data

Instaploy may provide users with salary estimates and other related information for informational purposes only. For example, Instaploy might present data on estimated salaries for specific job listings, the number of applications received, responses to screener questions, or the likelihood of being selected for an interview. This information is based on estimates and is intended to offer general insights without any warranty of accuracy. The figures displayed are approximations based on third-party submissions, including data from Instaploy affiliates, and should be used only for general comparison. It is important to note that minimum wage laws vary by jurisdiction, and users should consult the employer directly for actual salary figures.

1.12.2. Company Pages and Employer Information

Instaploy may display publicly available information about employers on Company Pages. This information is intended for informational and promotional purposes, is subject to change, and may come from or be generated by third parties. For the most accurate and up-to-date information about a company, users should contact the employer directly.

1.13. Your Job Seeker Data

1.13.1. Collection and Use of Job Seeker Data

As a job seeker using the Instaploy platform, you engage in various activities and provide a range of information. For instance, you may search for jobs, click on job listings, apply to jobs, and update your profile. Instaploy records details such as job titles you search for, locations, salary ranges (if indicated), job listings you view and apply to, your activity levels on the site, and any other information you directly provide, including your desired salary, past experience, and profile data. By using the site, you acknowledge and agree that Instaploy collects, records, processes, analyzes, and stores all information you provide and all activities you undertake on the site. You also agree that Instaploy may inform employers about your site activities, such as whether you are online, recently active, or responsive to employer messages.

1.13.2. Data Collection via Employer Sites

When you start a job application on instaploy’s site or on an employer’s website or their applicant tracking system, Instaploy may collect information about your actions during that visit using automated means like APIs, cookies, pixels, and web beacons. This may include data on the job listings you viewed, applications you started, and completed applications. Employers who provide tracking functionality must comply with legal requirements for notifications and consent. However, you acknowledge that Instaploy has no control over the employer’s use of these tracking tools or their website. You consent to Instaploy’s use and receipt of information from these tracking functions.

1.13.3. Association with Your Instaploy Profile

If you have a Instaploy account or a job seeker resume/profile, Instaploy may link your activity data to your profile. This data might be used to suggest relevant jobs to you or to recommend your searchable resume to employers who may be interested in candidates with your profile. Instaploy may also contact you based on this observed behavior or the information you provided, on behalf of employers or Instaploy itself. Instaploy may publicly display that you have used the site recently to correspond with a third party, though it does not include information sent to you by third parties.If your profile is active on our platform it is by default set to searchable, Instaploy may share all of the aforementioned information with third-party employers. If you prefer not to share such information, you can delete your profile from Instaploy’s platform. Be aware that changes to your profile, such as updating or deleting information, may take a few days to reflect on the site.

1.13.4. Labels and Badges on Job Seeker Profiles

Instaploy may add labels or badges to job seeker profiles, such as “Responsive Candidate” or “New Applicant,” based on your activity on the site. The absence of a label or badge may simply indicate insufficient data to apply one. Instaploy does not guarantee the accuracy of these labels or badges and reserves the right to change or remove them at any time.

1.13.5. Legal Compliance and Employer Requests

Instaploy may be required to comply with legal obligations or government requests, which could include revealing user data in response to legal processes from courts or law enforcement. Some employers may ask applicants to voluntarily provide demographic information as part of the employer’s own application process; Instaploy does not collect this demographic data and is not responsible for these employer-initiated questions, and you should contact the employer directly if you have any concerns.

1.14. Instaploy Platform

The Instaploy Platform is designed to assist employers in streamlining their hiring and decision-making processes by providing access to tools such as Instaploy Interview and related services (“Instaploy Platform”). Employers may invite you to participate in hiring activities supported by this platform. You acknowledge that employers determine how they use the Instaploy Platform for their job openings, including setting job requirements and specific hiring needs. You understand and agree that employers are responsible for complying with applicable employment laws, including Title VII, and that they indemnify Instaploy against any claims arising from their use of the Instaploy Platform or similar products. Instaploy disclaims all liability and makes no warranty regarding the employer’s compliance with Title VII or any similar law. Instaploy does not control or participate in the hiring process. The platform is simply a tool that facilitates the exchange of information between employers and job seekers, and Instaploy recruiters may assist in facilitating recruiting efforts typically facilitated by a recruiting firm.

1.15. Instaploy as a platform and recruiting firm

Instaploy offers recruitment services to its clients. When you apply to a job supported by Instaploy or engage with Instaploy as a job seeker, you agree that Instaploy may use the platform and its tools, such as your profile, Virtual Interviews, video interviews, Assessments, and other screening tools, on behalf of employers. You further agree that Instaploy may use the information you provide and data collected through the platform to present job matches to you and potential employers.Employers who retain Instaploy are solely responsible for setting job requirements, determining the needs of their hiring efforts, and making hiring decisions. By engaging with Instaploy, you acknowledge that you are not guaranteed job interviews, job placements, suitability for a specific role, or being hired, and you take full responsibility for your actions and decisions during the recruitment process, including the acceptance or rejection of job offers.

1.16. Governing Law and Dispute Resolution

This Agreement, and any disputes arising out of or in connection with it or related to the use of the platform (“Dispute”), will be governed by the laws of the State of California, United States of America. All legal actions related to such disputes must be filed only in courts located in Los Angeles County, CA, U.S.A., if you are elsewhere. You consent to the exclusive personal jurisdiction of these courts. You also waive any right to a jury trial in connection with any legal action arising from your use of the platform or these terms of service.

1.17. Class Action Waiver

By using the platform or any related services with Instaploy (“Program Elements”) and in consideration for the services offered by Instaploy, you agree not to sue Instaploy as a class plaintiff or class representative, join as a class member, or participate in any way in a class-action lawsuit against Instaploy regarding your use of the platform. As a job seeker, you acknowledge that your use of the Instaploy platform and services including your job search, Instaploy Apply, and all other services on the platform is not purchased, and this Class Action Waiver is a fundamental part of the agreement that allows for your free use of the platform. If you do not agree to any part of these terms, you should discontinue using the platform. This waiver does not limit your right to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the provisions of Section 1.18 (Mutual Binding Arbitration Agreement) below.

1.18. Mutual Binding Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. Except for the limited matters described in Section 1.18.4 (Exceptions) below, you and Instaploy, Inc. (“Instaploy”) agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Privacy Policy, your access to or use of the platform, any communication or interaction with our artificial-intelligence or automated features, or the relationship between you and Instaploy (each, a “Dispute”) will be resolved exclusively through final and binding individual arbitration, and not in court. This agreement to arbitrate is mutual and applies equally to you and to Instaploy. As used in this Section, “you” means any user of the platform, whether a job seeker, employer, or other user. This Section is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), is intended to be interpreted broadly, and survives termination of these Terms and the closing of your account.

1.18.1. Informal Resolution First. Before initiating arbitration, you and Instaploy agree to first attempt to resolve any Dispute informally for at least sixty (60) days. To begin, the party raising the Dispute must send a written Notice of Dispute to the other party describing the nature and basis of the claim and the relief sought. Notice to Instaploy must be sent to Legal@instaploy.com and to Instaploy, Inc., 11631 Victory Blvd, North Hollywood, CA 91606. If the Dispute is not resolved within sixty (60) days, either party may commence arbitration. This informal-resolution requirement is a condition precedent to starting arbitration, and any applicable limitations period is tolled while the parties engage in this process in good faith.

1.18.2. Delegation of Threshold Issues. The arbitrator, and not any federal, state, or local court or agency, has the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, scope, or formation of this arbitration agreement, including any claim that all or any part of it is void or voidable. The only exception is that a court of competent jurisdiction (and not the arbitrator) shall decide any dispute regarding the enforceability of the Class and Collective Action Waiver in Section 1.18.5.

1.18.3. Arbitration Rules and Procedure. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or, where applicable, its Employment/Workplace Rules), as modified by this Section, except that the parties may agree to another established arbitration provider. The AAA Rules are available at adr.org. The arbitration will be conducted by a single neutral arbitrator. Unless the parties agree otherwise, any in-person hearing will take place in the county of your residence or by videoconference or telephone where permitted by the AAA Rules. The arbitrator may award, on an individual basis, any relief that would be available in court under applicable law, including injunctive and declaratory relief, and the arbitrator’s decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

1.18.4. Exceptions to Arbitration. This arbitration agreement does not require arbitration of: (a) an individual claim brought in a small-claims court of competent jurisdiction, so long as it remains in that court and is brought only on an individual (non-class, non-representative) basis; (b) a claim or request for provisional or injunctive relief to address alleged infringement or misuse of intellectual property or unauthorized access to the platform; or (c) any claim or right that, as a matter of applicable law, may not be subject to a pre-dispute arbitration agreement. Nothing in this Section waives or limits your right to seek public injunctive relief to the extent that right cannot be waived under applicable law, or your right to file a charge or complaint with, or otherwise communicate with, any government agency.

1.18.5. Class and Collective Action Waiver. You and Instaploy agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, mass, private-attorney-general, or other representative proceeding. The arbitrator may not consolidate or join the claims of more than one person and may not otherwise preside over any form of a representative, collective, or class proceeding, unless all affected parties agree in writing. If a court or arbitrator decides that applicable law precludes enforcement of any part of this waiver as to a particular claim or request for relief (such as a request for public injunctive relief), then that claim or request, and only that claim or request, shall be severed and brought in a court of competent jurisdiction, with all other claims proceeding in arbitration and the court action stayed pending the arbitration. This Class and Collective Action Waiver is a material and non-severable part of the parties’ agreement to arbitrate, except as expressly provided in this paragraph.

1.18.6. Mass-Filing and Coordinated Proceedings. If twenty-five (25) or more demands for arbitration of a similar nature are filed against Instaploy (or by Instaploy) by or with the assistance or coordination of the same or coordinated counsel, the parties agree the demands shall be administered in staged batches of no more than fifty (50) demands at a time, with a single arbitrator presiding over each batch and resolving common issues in a bellwether process, in order to promote efficiency and reduce fees. The applicable limitations period is tolled for demands awaiting their batch.

1.18.7. Fees. Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA Rules and fee schedules, and Instaploy will pay or reimburse those fees to the extent required by the AAA Rules or applicable law for the arbitration to proceed. Each party is otherwise responsible for its own attorneys’ fees and costs, except that the arbitrator may award attorneys’ fees and costs to the prevailing party where authorized by applicable law or contract.

1.18.8. Your Right to Opt Out of Arbitration. You may decline this arbitration agreement (this Section 1.18, other than the class-action waiver in Section 1.18.5, which continues to apply in court to the extent permitted by law) by sending written notice of your decision within thirty (30) days after you first accept these Terms or first use the platform, whichever is earlier. The notice must include your name, the email address and/or phone number associated with your account, and a clear statement that you wish to opt out of arbitration, and must be sent to Legal@instaploy.com or to Instaploy, Inc., 11631 Victory Blvd, North Hollywood, CA 91606. Opting out of this arbitration agreement has no effect on any other part of these Terms or on your use of the platform. If you do not opt out within thirty (30) days, you agree to be bound by this arbitration agreement.

1.18.9. Severability and Survival. If any portion of this Section 1.18 (other than the Class and Collective Action Waiver, which is governed by Section 1.18.5) is found to be unenforceable, that portion shall be severed and the remainder of this Section shall remain in full force and effect. This Section survives termination of your relationship with Instaploy.

1.19. Automated Employment Decision Tools, Algorithmic Matching, and Non-Discrimination

Instaploy is a recruiting-technology company. It uses automated systems, models, and algorithms to organize, rank, surface, and match job seekers and job opportunities (collectively, the “Matching Tools”). The Matching Tools assist and inform decision-making; Instaploy does not make hiring, rejection, or other final employment decisions about you — those decisions remain with the employers that use the platform. We are committed to designing, testing, and monitoring the Matching Tools to reduce unlawful bias and to operate consistently with Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and applicable U.S. Equal Employment Opportunity Commission guidance. To the extent any Matching Tool is determined to be an “automated employment decision tool” (an “AEDT”) under New York City Local Law 144 of 2021 or a similar law that applies to Instaploy directly, Instaploy will take the steps that law requires, which may include an independent bias audit, public disclosure of the audit summary the law requires, candidate notice of the tool’s use and the characteristics it assesses, and an opportunity to request an alternative selection process or a reasonable accommodation. Employers that use Instaploy remain independently responsible for their hiring decisions and for any bias-audit, notice, accommodation, and non-discrimination obligations that apply to them.

Human Oversight. The Matching Tools are designed to assist and inform human decision-making, not to replace it. Instaploy does not use the Matching Tools to make a final hiring, rejection, or other consequential employment decision about you on a solely automated basis without the opportunity for the human review described in Section 1.20. Employers that use Instaploy remain independently responsible for their own hiring decisions and for satisfying any bias-audit, notice, accommodation, and non-discrimination obligations that apply to them, including under New York City Local Law 144, the Illinois Human Rights Act, the Colorado AI Act, and similar laws. Instaploy is committed to designing, testing, and monitoring its Matching Tools to reduce unlawful bias and to operate consistently with Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and applicable U.S. Equal Employment Opportunity Commission guidance.

1.20. Automated Decision-Making and Your Right to Human Review

Some Instaploy features rely on automated processing of your personal data, including profiling, to provide and personalize the service (for example, to generate job matches, surface recommendations, and detect fraud). Where Instaploy makes a decision about you that is based solely on automated processing and that produces legal effects concerning you or similarly significantly affects you, you have the right to: (a) be informed that such automated decision-making is taking place; (b) receive meaningful information about the main factors and logic involved and the significance and likely consequences of the processing; (c) express your point of view; and (d) request that a qualified human review the decision, and to contest the outcome. To exercise these rights, contact Privacy@instaploy.com. We will respond within the time required by applicable law and, in any event, without undue delay. Where required by applicable law, we will provide advance notice of, and an ability to opt out of, the use of automated decision-making technology for a significant decision. These rights are provided consistent with the California Consumer Privacy Act as amended (including its regulations governing automated decision-making technology), the Colorado AI Act, and similar U.S. laws, and are further described in our Privacy Policy.

1.21. Biometric Information — We Do Not Collect It

Instaploy does not collect, capture, or store biometric identifiers or biometric information. When you use our voice features or take part in a recorded video interview, we may record and process the audio, video, and a transcript of what is said, and we may analyze the content of your responses using artificial intelligence — but we do not create, derive, or store voiceprints, faceprints, facial-geometry scans, voice-recognition templates, or any other identifier used to identify you biometrically, and we do not use facial-recognition or voice-recognition technology. Accordingly, we do not collect “biometric identifiers” or “biometric information” within the meaning of the Illinois Biometric Information Privacy Act (740 ILCS 14, “BIPA”), the Texas Capture or Use of Biometric Identifier Act, the Washington biometric-privacy statute, or comparable laws. This Section is distinct from the Prohibited Uses section, which restricts users from transmitting biometric identifiers of other people through the platform.

Because we do not collect biometric identifiers, the written-notice, written-release, and retention-and-destruction-schedule requirements of biometric-privacy laws such as BIPA do not apply to our processing. If our practices ever change such that Instaploy would collect a biometric identifier, we will first update this Agreement and our Privacy Policy and obtain any consent or release that applicable law requires before doing so.

1.22. AI-Assisted Video Interviews and Applicant Notice

Where you participate in a video interview through the platform that may be evaluated using artificial intelligence, and where required by the Illinois Artificial Intelligence Video Interview Act (820 ILCS 42) or a similar law, Instaploy and, where applicable, the employer will, before the interview: (a) notify you that artificial intelligence may be used to analyze your video interview and consider your fitness for the position; (b) provide you with information explaining how the artificial intelligence works and what general types of characteristics it uses to evaluate applicants; and (c) obtain your consent to be evaluated by the artificial-intelligence program. Your video interview will be shared only with persons or technologies whose expertise or technology is necessary to evaluate your fitness for the position. If you request deletion of your video interview, Instaploy will, within thirty (30) days of the request, delete the video and instruct any other person or entity that received it to delete it, including any electronically generated backups. To request deletion, contact Privacy@instaploy.com.

1.23. Artificial Intelligence Transparency

When you interact with an artificial-intelligence system on the platform — such as our conversational voice agent or a chatbot — we will inform you that you are interacting with artificial intelligence and not with a human, except where it is obvious from the circumstances or where an exemption applies under applicable law. This commitment is consistent with applicable U.S. state artificial-intelligence transparency laws. Outputs generated by these systems may contain errors or omissions, and you should independently verify any information that is important to you before relying on it.

1.24. Text Messaging, Calls, and TCPA Consent

This Section supplements Section 1.7.3 (Text Message Reminders). By providing your telephone number to Instaploy, you agree that Instaploy and its service providers may contact you at that number with recurring calls and text messages, including messages sent using an automatic telephone dialing system or an artificial or prerecorded voice, for purposes such as interview reminders, application and account updates, and job recommendations. Your consent to receive marketing or promotional messages is not a condition of using the platform, of applying to any job, or of any employment. Message frequency varies. Message and data rates may apply. You can reply HELP for help and reply STOP at any time to opt out of further messages of that type; we may send a single confirmation that you have opted out. We distinguish service or transactional messages (such as interview reminders you have requested) from promotional messages, and you may opt out of promotional messages while continuing to receive service messages you have requested. We maintain records of consent and honor opt-out requests as required by the Telephone Consumer Protection Act (47 U.S.C. § 227), its implementing regulations, and applicable state telemarketing and calling laws.

1.25. AI-Generated Content (Updated)

This Section supplements and, to the extent of any conflict, supersedes any earlier reference in these Terms to a specific third-party artificial-intelligence provider. Instaploy may make available content created in whole or in part by algorithms, including artificial-intelligence and machine-learning models (“AI-Generated Content”), such as our conversational voice agent, chatbots, candidate summaries, draft messages and cover letters, and template job descriptions. Some of these features are powered by third-party providers that act as Instaploy’s processors under written agreements that restrict their use of your data to providing services to Instaploy. AI-Generated Content is an evolving capability and is provided on an “as is” and “as available” basis; it may be inaccurate, incomplete, or out of date, and you should independently verify any information before relying on it. You acknowledge that you have no intellectual-property rights in the underlying models, offerings, or AI-Generated Content except as expressly granted in writing by Instaploy. To the maximum extent permitted by applicable law, Instaploy disclaims all warranties regarding, and all liability arising from, AI-Generated Content.

1.26. Acknowledgment, Assumption of Risk, Release of Claims, and Time to Bring a Claim

By accessing or using the platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement and the Privacy Policy, that this is a binding legal contract, and that if you do not agree you must not access or use the platform. You acknowledge that Instaploy provides a technology platform and tools that help connect job seekers and employers; Instaploy is not your employer, does not make hiring decisions, and does not guarantee any outcome. Instaploy makes no promise or guarantee that you will receive any job, interview, offer, response, match, or particular result, or that any listing, salary figure, match, score, recommendation, chatbot reply, or other information or AI-generated output is accurate, complete, current, suitable, or error-free. Your use of the platform does not create any employment, agency, partnership, joint-venture, fiduciary, or similar relationship between you and Instaploy.

ASSUMPTION OF RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU USE THE PLATFORM AT YOUR OWN RISK AND ASSUME ALL RISKS ARISING FROM OR RELATED TO YOUR USE, including without limitation: your decisions to apply for, pursue, accept, or decline any role; your interactions, communications, interviews, and dealings with employers, recruiters, and other users, whether online or offline; your reliance on any job listing, salary estimate, match, score, recommendation, assessment, career guidance, chatbot response, or other AI-generated content, none of which is professional, legal, financial, medical, or employment advice; the sharing of your resume, profile, video, or other information with employers and third parties as described in this Agreement and the Privacy Policy; and the acts or omissions of any employer, recruiter, or other third party. You are solely responsible for evaluating, and you bear all risk arising from, the persons, employers, and opportunities you encounter through the platform.

RELEASE OF CLAIMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE AND FOREVER DISCHARGE Instaploy, Inc. and its parents, subsidiaries, affiliates, and their respective officers, directors, employees, agents, and licensors (the “Released Parties”) FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, arising out of or in any way connected with: (a) your access to or use of the platform; (b) any interaction, communication, interview, transaction, dispute, or relationship between you and any employer, recruiter, or other user; (c) the conduct, acts, or omissions of any employer, recruiter, or other third party; (d) any reliance on AI-generated content or other information made available through the platform; or (e) the collection, use, disclosure, or sharing of your information as described in this Agreement and the Privacy Policy. If you are a California resident, you expressly waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You also waive any comparable statute, rule, or common-law principle of any other jurisdiction. This release does not apply to any claim or right that, as a matter of applicable law, may not be released or waived in advance.

TIME TO BRING A CLAIM. To the fullest extent permitted by law, any claim or cause of action you may have arising out of or relating to this Agreement, the Privacy Policy, or your access to or use of the platform must be commenced within ONE (1) YEAR after the claim or cause of action accrues; otherwise, it is permanently barred. This Section supplements, and does not limit, replace, or waive, the disclaimers, warranty exclusions, assumption-of-risk provisions, limitations of liability, indemnities, and dispute-resolution provisions elsewhere in this Agreement, each of which applies to the maximum extent permitted by law, is a material part of the basis of the bargain between you and Instaploy, and survives termination of this Agreement and the closing of your account. If any portion of this Section is held unenforceable, the remainder shall remain in full force and effect and shall be applied to the maximum extent permitted by law.

ARTICLE 2. TERMS OF SERVICE FOR EMPLOYERS

2.1. Employer Accounts

When you create a Instaploy account, a Company Page, or post job listings and related content, including links to third-party websites (“Job Listings” or “Job Ads”), you agree to be bound by this Agreement, including any terms associated with the services you are using and Instaploy’s policies, such as the Privacy Policy and Cookie Policy.Instaploy may require you to verify your identity when creating an account, which may involve a third-party identity-verification provider. If you use such a provider, you interact directly with them, and they are solely responsible for managing your data under their own terms. Instaploy does not collect or receive biometric data.If you create a Instaploy account on behalf of an employer, you represent that you have the authority to bind that employer to this Agreement. The account belongs to the employer, and all information provided through the account, including actions taken, will be visible to the employer. Your account is for business use only, and Instaploy is not liable if your email is misused by a third party. You agree to receive transactional and account-related email notifications necessary to provide the service.If you attempt to send emails using false information, Instaploy reserves the right to drop such emails, as this is a violation of the terms. Employers may request to disable their accounts by contacting the Employer Help Center, but Instaploy may be required to retain business records to comply with legal obligations.

2.1.1. Linked Accounts:

Multiple users may be linked to the same employer account, with varying levels of access (“Roles”) assigned by the account’s primary owner (“Admin”). Admins are responsible for authorizing data sharing and access within the Linked Account. Users with access to certain Roles may view communications, actions, and billing information of other users within the Linked Account, and may also make purchases on behalf of the employer. Admins can unlink users from the account at any time.

2.1.2. Payment Information:

If your employer account includes payment methods like a credit card or bank account for ACH payments, Instaploy may charge these methods for any products or services ordered or for correcting billing errors.

2.1.3. Security and Notifications:

Instaploy may notify job seekers if an employer account is compromised. However, Instaploy does not guarantee that such notifications will be sent or received and disclaims responsibility for them. Instaploy may offer suggestions or information to improve your experience on the platform, but these are provided without warranty, and you are solely responsible for how you use them.As an employer, you are responsible for compliance with applicable laws, including those related to job postings and wage requirements. Instaploy may limit your job postings’ visibility if they do not comply with legal requirements, but Instaploy is not responsible for ensuring compliance.

2.1.4. Record Keeping:

Instaploy is not responsible for maintaining or storing employment records or job application materials. You are responsible for complying with any applicable record retention requirements or other legal obligations.

2.2. Employer Services Including Instaploy Apply and Screener Questions, Videos, resumes and more

2.2.1. Use of Candidate Management Tools

When you use Instaploy’s candidate management tools, such as the Employer Dashboard or Instaploy platform , you acknowledge that Instaploy may offer functions to manage job seekers, such as scheduling interviews, viewing resumes, or rejecting candidates. Instaploy may compile the candidate’s application materials, including their resume, answers to screener questions, and assessment responses, into a single document or webpage. However, Instaploy is not responsible for maintaining or storing these materials, and you are responsible for complying with applicable record retention laws and other legal requirements.

2.2.2. Candidate Summaries and Information Verification

Instaploy may provide Candidate Summaries,, resumes, videos etc, populated with information from the job seeker and the job description you provide. These summaries are not recommendations for employment, and you agree to review the full application before making any employment decisions. If Instaploy includes a verification of a job seeker’s skills, certifications, or other qualifications, Instaploy does not guarantee the accuracy of this information, and you are responsible for verifying all information on the site for each candidate.

2.2.3. Employer Responsibilities

As an employer, you are responsible for the content of your emails, application forms, screener questions, interview criteria, and any job listings or messages you post through Instaploy or other tools. Instaploy disclaims all liability for the content you provide, including whether it complies with applicable laws. You are solely responsible for ensuring compliance with all legal requirements, including minimum wage laws, wage transparency, and anti-discrimination laws.

2.2.4. Updating Job Listings and Accommodations

If you close or modify any job listings, you agree to promptly update these on the platform or notify Instaploy. Instaploy may provide tools to help you respond to accommodation requests from job seekers, but you are responsible for ensuring your selection criteria are job-related and do not violate laws such as the Americans with Disabilities Act. This includes not making disability-related or medical inquiries that are illegal, and ensuring alternative screening methods are available where required by law.

2.2.5. Removal of Job Listings and Questions

Instaploy reserves the right to reject or remove any job listings or questions directed at job seekers for any reason. This includes any content that directly or indirectly discriminates against job seekers based on criteria such as gender, race, age, or disability. It is your responsibility to ensure your job listings and requirements comply with applicable laws and do not discriminate, either directly or indirectly.

2.2.6. Data Transmission and Notifications

Instaploy does not guarantee the delivery or receipt of job seeker emails or application materials, nor does it guarantee error-free data transmission or storage. You are responsible for checking your Employer Dashboard for job applications and other information. Notifications, such as emails, are provided as a courtesy, and you should not rely solely on them.

2.2.7. Message Delivery and Relay Functions

If a message is sent to a closed account, it will not be deliverable. If you prefer not to use Instaploy’s relay functions, such as for sending an offer letter, you should contact the job seeker through another method. If incorrect contact information is provided, it is your responsibility to correct it and protect the privacy of job seekers. You agree to indemnify Instaploy for any damages resulting from incorrect contact information.

2.2.8. Email Functions and Automated Notifications

When using Instaploy, you acknowledge that Instaploy may enhance the corresponding emails with additional functions, such as sending reminders to job seekers on your behalf or notifying them of potential matches for your job listings. If you use screener questions, Instaploy may provide an option to automatically send rejection notices based on the candidates’ responses. You agree that these functions operate mechanically, without Instaploy’s discretion, and that transmission or storage of these notifications is not guaranteed. Instaploy may also enable candidate management tools that schedule interviews based on criteria you set, with the understanding that Instaploy is not responsible for ensuring the accuracy of the job seeker’s information or qualifications.

2.2.9. Screening Tools and Interview Scheduling

Instaploy may provide automated tools for scheduling interviews with job seekers who meet your pre-selected criteria. You are responsible for ensuring that these criteria comply with legal requirements, such as not posing disability-related or medical inquiries. Instaploy disclaims responsibility for any screening tools or the results they generate, and you must offer alternative screening methods if required by law.

2.2.10. Job Seeker Qualifications and Communication

Instaploy may highlight required qualifications for your job listings to help job seekers assess whether they should apply. However, Instaploy does not verify the identity or qualifications of job seekers and provides no guarantee regarding their suitability for your job listings. You are responsible for all communications with job seekers, and Instaploy assumes no liability for these interactions.

2.2.11. Phone or video Screening

If you use Instaploy’s automated video or phone screening tools, you agree that Instaploy will send job seekers a screening or video questionnaire, or a phone number to call and record their answers to your screening questions. Instaploy will forward these recordings to you but does not guarantee the accuracy, delivery, or timing of these transmissions. Instaploy may also analyze these recordings to improve its products, as per its Privacy Policy.

2.2.12. Indemnification

You agree to indemnify and hold harmless Instaploy, its agents, affiliates, and licensors from any third-party claims or liabilities arising from your use of Instaploy services, including but not limited to the content of your job listings, application materials, self-identification questions, screener questions, and any communications sent through Instaploy. Instaploy reserves the right to suspend or terminate your access to its services if you have unpaid invoices or outstanding balances, and may apply penalties for late payments.

2.2.13. Data Analysis and Employer Labels

Instaploy may use data from your job listings, applications, and interactions on the platform for analysis, quality control, and improving its services. Instaploy may also inform job seekers about your activity on the platform, such as whether you have viewed their application or taken action on a job listing. Instaploy may assign labels or badges to your job listings (e.g., “Responsive Employer,” “Verified”), but does not guarantee the accuracy of these labels.

2.2.14. API Use and Third-Party Integrations

If you access Instaploy services through an API or use a third-party developer to integrate an ATS with Instaploy, you agree to comply with all applicable data protection laws. You are responsible for ensuring that any personal data transferred via these integrations complies with legal requirements, and you indemnify Instaploy against any claims arising from your use of these integrations.

2.2.15. Email Verification

Instaploy may require email verification for job seekers applying to your listings, but does not guarantee that all applications will be from verified email addresses. If you use software to reject unverified applications, you are responsible for this choice.

2.3. Job Match Services

2.3.1. Recommendations for Employers and Job Seekers

Instaploy offers job matching services that provide recommendations to both Employers and Job Seekers. These recommendations may include Resumes that align with your posted Job Ads or Job Ads that are similar to positions for which a Job Seeker has recently applied. Job matching services are provided on an “as is” and “as available” basis, and Instaploy does not guarantee the accuracy, relevance, or results of any match or recommendation.

2.3.2. Data Utilization for Job Matching

To generate these job matches, Instaploy utilizes data collected through its platform from both Employers and Job Seekers. This data includes, but is not limited to, Job Ads, Resumes, application materials (such as responses to screener questions), Instaploy Assessments, and user activity on the site, including searches performed and Job Ads viewed or applied to. By using the site, you agree and consent to Instaploy using this information to present potential matches to you and to potential Job Seekers.

2.4. Salary, Application Data, and Other Information Provided by Instaploy

2.4.1. Informational Content and Estimates

Instaploy may provide Employers and Job Seekers with certain information and content, such as estimated salaries for job listings, the number of applications a job listing has received, responses to screener questions, and other related data. These figures are provided solely for informational purposes and may be derived from third-party sources. All such data, including salary estimates and application counts, are approximations and are subject to change. Instaploy does not guarantee the accuracy of these figures, and they are meant to serve as general comparisons only.

2.4.2. Labels and Badges on Job Ads

Instaploy may also add labels or badges to your Job Ads, such as indicators for pay types, specialties, benefits, or union associations. These labels are based on data contained within the job description and are intended for informational purposes only. Instaploy does not guarantee the accuracy of any label or badge and reserves the right to change or remove them at its discretion.

2.4.3. Salary Figures and Impressions Data

Salary figures provided on the Instaploy site are approximations based on submissions from third parties, including Instaploy affiliates. These figures are intended for generalized comparison only and may not accurately reflect actual salaries. Additionally, Instaploy may provide data regarding the number of impressions your Job Ad receives. This data is also for informational purposes, subject to change at any time, and Instaploy does not guarantee its accuracy. Instaploy reserves the right to alter the method of measuring such figures at any time.

2.4.4. Job Post Templates and Content Responsibility

Instaploy may offer job post templates to assist you in creating job listings. These templates are for informational purposes only. By using any content provided by Instaploy, you accept it as your own and bear full responsibility for ensuring that it is accurate, appropriate, and compliant with all applicable laws. All content provided by Instaploy, including template job post information and estimated application numbers, is provided without warranty and is subject to change and varying levels of accuracy. Estimated application figures are not a guarantee of future performance.

2.4.5. Job Seeker Profile Labels and Badges

Instaploy may also assign labels or badges to Job Seeker profiles, such as “Responsive Candidate” or “New Applicant.” These labels are determined solely based on the Job Seeker’s activity on Instaploy. The absence of a label or badge may indicate that Instaploy lacks sufficient data to make such a determination. Instaploy does not guarantee the accuracy of these labels or badges and reserves the right to modify or remove them at any time at its sole discretion.

2.5. Screening Tools

2.5.1. License and Use of Screening Tools

Instaploy may provide you with various screening tools, such as screener questions, phone screen tools, and assessments, for use in your hiring process. These tools are licensed to you, and their use is determined solely by you. By utilizing any screening product offered by Instaploy, you acknowledge that you have independently decided to include these tools in your application process. The substantive questions asked or chosen by you are entirely your responsibility, and Instaploy does not dictate or influence these choices.

2.5.2. Legal Compliance

You agree that you are solely responsible for ensuring that your use of screening tools complies with all applicable laws, including but not limited to:• The Fair Credit Reporting Act and similar state statutes• Employment, equality, and anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act• Data protection or privacy laws• Laws regulating the use of “automated employment decision tools”You further agree that an assessment is designed to evaluate specific knowledge, skills, or abilities and does not determine a Job Seeker’s overall qualification for a job or their ability to perform it safely. The relevance of a particular skill to a job, or the qualification of a Job Seeker, is solely your decision.

2.5.3. Job-Related Criteria and Disability Accommodations

You are responsible for using assessments in combination with other selection processes to measure only those characteristics that are job-related and necessary for the candidate’s first day on the job. This includes ensuring that:• Your selection criteria are job-related.• You do not pose “disability-related inquiries” or medical inquiries that violate the law.• You do not screen out individuals with disabilities or members of any protected category under the law.You must also provide alternative methods of screening if required by the Americans with Disabilities Act or similar laws. It is your responsibility to indicate that reasonable accommodations are available, respond to accommodation requests, and provide information on how Job Seekers can request accommodations. Instaploy will direct Job Seekers who request accommodations to you via the contact information you provided, and you are responsible for monitoring your inbox for such requests.Instaploy does not guarantee that any screening or assessment tool complies with the Americans with Disabilities Act or similar laws. You agree to indemnify Instaploy for any claims arising from your use of screening tools, including any claims that these tools do not comply with the Americans with Disabilities Act or that their use results in a “disparate impact.”

2.5.4. Employer Assist Feature

Instaploy may offer an “Employer Assist” feature, allowing you to send automated messages to Job Seekers informing them that you have decided not to move forward with their application. If you activate this feature, you must interact with the Job Seeker through a tool provided by Instaploy to prevent a rejection notice from being sent. Any direct interactions with a Job Seeker outside of Instaploy’s tools, such as phone calls or emails, will not prevent an Employer Assist rejection notice from being sent. You agree to indemnify Instaploy for any claims arising from the use of the Employer Assist feature.

2.5.5. Grouping Candidates and Automated Scheduling

Instaploy may offer functionality that groups candidates based on their resumes or screener question responses, and it may also allow you to automatically schedule calls with candidates who meet your criteria. However, you retain the ability to view and evaluate any applicant at any time. Instaploy does not make decisions about any applicants, and the functionality provided does not constitute a decision-making tool. You agree not to use this functionality as the sole or primary factor in your hiring decisions and not to rely on it as a substitute for human discretion and review.

2.6. Communication through the Site

2.6.1. Notifications and Communication Services

You may receive notifications via the app, email, or your Instaploy dashboard related to your activity or a Job Seeker’s activity on the Site, including Instaploy Apply, Instaploy Messaging, or other communication services provided through the Site. These notifications are offered solely as a courtesy and should not be relied upon. For example, if you wish to interview a Job Seeker, it is your responsibility to follow up separately to ensure the Job Seeker is aware of the interview. Instaploy disclaims all warranties regarding the transmission or storage of these courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.

2.6.2. Instaploy Messaging and Relay Services

Instaploy may enable messaging services such as Instaploy Messaging, text messaging relay, email relay, and/or call relay services to facilitate communication between Employers and Job Seekers about Job Listings. These services may be provided directly through the Site or through third-party vendors. Communication through these services is limited to the purpose of hiring for a Job Listing. Instaploy reserves the right to enable or disable these communication options for select Employers or Job Listings at its sole discretion, and to notify Job Seekers that such options are available. Please note that since these services depend on third-party providers, there may be technical delays or errors for which Instaploy does not guarantee error-free performance.

2.6.3. Masked Contact Information

Instaploy may mask or hide contact information, such as phone numbers and email addresses, and substitute them with an alias. For example, a Job Seeker may see an alias email address or phone number when communicating with you. If you contact a Job Seeker from a masked phone number without leaving your actual contact information, the Job Seeker may not be able to contact you after the masked number expires. Once a Job Seeker has your contact information, Instaploy is not responsible for how they may use it.

2.6.4. Processing and Analysis of Communications

When you or a Job Seeker sends a message to an Instaploy-provided alias, Instaploy and its vendors will process the message to offer services, display the message on the Site, and for other purposes outlined in this Agreement. Instaploy may group messages related to the same conversation as part of a courtesy, but some messages may not be grouped together. Additionally, Instaploy’s messaging system is not intended for sending one message to multiple Job Seekers. You agree not to use Instaploy’s messaging services to send bulk messages unless specifically authorized in the Instaploy interface.

2.6.5. Use of Data for Site Improvement

If you or anyone on your behalf views, stores, sends, or receives communications or materials (including messages, text messages, chats, emails, interview recordings, or other information) through the Site, you agree that these communications or materials may be processed, analyzed, reviewed, and stored by Instaploy for purposes such as data analysis, quality control, enforcement of Site rules, content moderation, and improvement of the Site or other Instaploy products or services. This data may also be used to develop, train, and use statistical models, including artificial intelligence and machine learning models. Instaploy may use vendors to assist in these activities.

2.7. Virtual Communications

2.7.1 Management of Virtual Communications

Instaploy may provide you with the option to manage virtual and remote communications with Job Seekers through various Instaploy products, such as Instaploy Interview, Instaploy Hiring Platform, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). These services may include access to scheduling, video conferencing, web conferencing, meeting rooms, pre-recorded videos, pre-recorded audios, and other collaborative services offered by third-party telecommunications providers. However, you understand that Instaploy is not a telecommunications service provider and disclaims all warranties regarding the transmission of virtual communications.

2.7.2 No Guarantee of Service Quality

Instaploy does not guarantee:

The availability of such services at the time you attempt to initiate them.

The quality of such services.

The dates or times you’ve arranged with Job Seekers for your Virtual Interview.

Furthermore, Instaploy does not verify the identities or qualifications of Job Seekers with whom you arrange Virtual Interviews.

2.7.3 Responsibility for Accessibility Compliance

You are solely responsible for offering alternative methods of communication or interviewing for individuals with disabilities, if required by the Americans with Disabilities Act or any similar law.

2.7.4 Data Protection and Liability

You understand and agree that, to the maximum extent permitted by law, Instaploy does not guarantee the security, confidentiality, or retention of any information you share or data that you transmit while participating in Virtual Interviews, including but not limited to, audio/visual content, interview questions and answers, or your image or likeness. You acknowledge that Instaploy is not responsible for securing or protecting any data or information that you share or transmit during your use of Virtual Interviews. Instaploy assumes no liability for the misuse of any data you share or transmit through Virtual Interviews. You further acknowledge that Instaploy does not assume any responsibility for the availability or retention of any recordings of Virtual Interviews.You understand and agree that you access and use Virtual Interviews at your own discretion and risk, and Instaploy disclaims all liability arising out of your use of Virtual Interviews.

2.7.5 Invitations to Representatives

Upon your request, Instaploy may extend invitations to additional representatives at your company to join Virtual Interviews. You understand and agree that Instaploy will extend such invitations based on the email addresses you provide but is not responsible for inaccuracies in the contact information you provide. Further, you are solely responsible for the conduct or actions of your representatives. You represent that you have the authority to bind your additional representatives to Instaploy’s Terms, and by extending invitations to your representatives, you are binding them to Instaploy’s Terms.

2.7.6 Responsibility for Arrangements and Accommodations

Instaploy is only providing the option for you to communicate with Job Seekers via services that may be offered by third-party providers. Instaploy is not a party to your Virtual Interviews and is not a participant in any arrangements you make with Job Seekers. You are responsible for any requests for accommodations from Job Seekers, such as providing a sign language interpreter if legally obligated.

2.7.7 Recording Virtual Interviews

As an Employer, you may have the option to enable recording of Virtual Interviews. You acknowledge and agree that you will not record, store, or analyze Virtual Interviews without permission from Job Seekers and all participants. By recording a Virtual Interview, you represent and warrant to Instaploy that you have secured all necessary consent and will comply with all applicable laws, including state and federal law regarding consent to record interviews and phone calls. By choosing to record Virtual Interviews through the Site, you agree that third-party providers and Instaploy can store and access the recording. However, Instaploy is not obligated to store or retain any recording of a Virtual Interview.You further agree to defend, indemnify, and hold Instaploy harmless from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs, and expenses (including without limitation attorneys’ fees and costs) that arise from the recording of Virtual Interviews.

2.7.8 Virtual Evaluations

You shall only use the recordings and other information obtained through Virtual Evaluations for your internal hiring purposes. You shall not use Virtual Evaluations for any illegal, discriminatory, or fraudulent purposes. As part of Virtual Evaluations, you will submit or approve interview questions that Instaploy will share with candidates. You agree that the interview questions are part of your application process and are determined solely by you.Instaploy may provide you with the ability to directly invite candidates to participate in Virtual Evaluations or automatically invite candidates who meet your selection criteria. You acknowledge and agree that you are solely responsible for your use of Virtual Evaluations, including how you decide which candidates shall be invited to participate, who you decide to contact after the Virtual Evaluation has been completed, and any employment-related decisions that you make. Instaploy does not act as your employment agency by offering the Virtual Evaluations service.A candidate’s Virtual Evaluation video will only be deemed complete and submitted to you when the candidate approves the submission through the Virtual Evaluations tool. Instaploy reserves the right to not submit a candidate’s response if a candidate or Employer uses the tool in an abusive manner, as determined in Instaploy’s sole discretion. You agree that Instaploy is not responsible for maintaining or storing any candidate submissions through Virtual Evaluations, and that you are responsible for your compliance with applicable record retention requirements.The video recordings and transcripts associated with Virtual Evaluations will only be retained for one year from the date that the recording is completed by the Job Seeker. After this period, the video recording and transcript will be permanently deleted, and you will no longer be able to view or access them. You acknowledge that the Virtual Evaluations video recordings contain personal and confidential information, and you confirm that those you’re sharing the Virtual Evaluations video link with have permission to view the recording.The term “User Content,” as defined in these Terms of Service, shall include the content of the interview questions, as well as the content of the Virtual Evaluations video recordings, transcripts, and any other information that you or a Job Seeker sends through Virtual Evaluations.

2.8. Company Pages, Enhanced Profiles, and Employer Branding Hub

2.8.1 Automatic Generation of Company Pages

When you post a Job Ad directly on the Site, Instaploy may automatically generate a Company Page / Profile Page for your company. You understand that Instaploy may display publicly available information about your company on the Company Page, in accordance with applicable law. You authorize Instaploy to claim such Company Page on your behalf, marking it as a “Claimed Profile” (or similar wording), allowing you to edit and add information to the Company Page. Company Pages allow User Content (as defined below) to be posted by individuals who may not be affiliated with the company identified on the Company Page. Additionally, Instaploy may include all of your Job Ads posted on the Site on your Company Page, including those posted directly on the Site as well as those indexed by Instaploy from other sources. You agree that you are solely responsible for any content you edit or put on a Company Page, whether generated by or for you, including photographs, videos, and third-party websites reachable from content you put on a Company Page.

2.8.2 User Content and Moderation

Please note that Instaploy host User Content submitted by users. User Content includes salaries, company reviews, interview reviews, company photos, answers to Q&A questions on Company Pages or Employer Branding, and other materials and content provided by users to Instaploy. Instaploy moderates User Content using the same standard of review for all employers and does not provide preferential treatment for its customers. You understand and agree that Instaploy’s application of User Content moderation policies, and its decision of whether or not to remove a piece of User Content, is at its sole discretion and cannot form the basis of a violation of this Agreement.

2.9. Governing Law and Dispute Resolution

This Agreement and any dispute arising out of or in connection with this Agreement or related to the Site (“Dispute”) will be governed by and under the laws of the jurisdiction in which Instaploy is located. United States: Governed by the laws of the State of CA. Disputes shall be filed in courts located in Los Angeles County, CA, U.S.A.You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Instaploy. If you intend to seek such discovery from Instaploy Inc., you agree to do so through a valid federal, CA, or CA-domesticated request, properly served at Instaploy’s registered agent in CA at Instaploy, Inc., Corporation, 11631 Victory BlvdNorth Hollywood, CA 91606.You also waive any right to a jury trial in connection with any dispute, action, or litigation related to your use of the Site or these terms of service if you are located in the United States.

2.10. Class Action Waiver

By using the Site and in return for the services offered by Instaploy, you acknowledge that Instaploy can only offer these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Instaploy as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Instaploy regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. However, nothing in this paragraph limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the terms outlined in Section 1.18 (Mutual Binding Arbitration Agreement).

2.10A. Arbitration and AI Provisions Incorporated

The Mutual Binding Arbitration Agreement (Section 1.18, including its Class and Collective Action Waiver and your thirty-day right to opt out), together with Sections 1.19 through 1.26 (Automated Employment Decision Tools and Non-Discrimination; Automated Decision-Making and Human Review; Biometric Information; AI-Assisted Video Interviews; Artificial Intelligence Transparency; Text Messaging and TCPA Consent; AI-Generated Content; and Acknowledgment, Assumption of Risk, and Release of Claims), are incorporated into and apply to employers and other users by this reference, with each reference to “you” read to include the employer. As between Instaploy and an employer, the employer remains solely responsible for ensuring that its own use of the platform — including any automated employment decision tool, screening tool, video interview, automated decision-making, or text or call campaign it conducts or directs — complies with all applicable laws, including New York City Local Law 144, the Illinois Artificial Intelligence Video Interview Act, the Colorado AI Act, the Telephone Consumer Protection Act, the Fair Credit Reporting Act, Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, and the employer agrees to provide all notices and obtain all consents those laws require.

2.11. Indemnification

You shall indemnify, defend, and hold harmless Instaploy, its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to:• (a) Your violation of any term of this Agreement;• (b) Your use of, and access to, the Site or any Instaploy product, program, or service;• (c) Your loss of, or disclosure of, information gained from using the Site or any Instaploy product, program, or service;• (d) Your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws (this includes any claims that Instaploy, as your agent, violated any such laws);• (e) Your violation of any third-party right, including without limitation any copyright, property, or privacy right;• (f) Any claim that your content caused damage 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;• (h) The activities of any third-party service providers you engage to assist you with activities related to your use of Instaploy products and services, such as facilitating your sourcing activities or tracking the conversion rates of Job Seekers through to job applicants.This defense and indemnification obligation will survive this Agreement and your use of the Site or any Instaploy product, program, or service.

2.12. Candidate Import

Instaploy may offer a platform that allows you, or someone acting on your behalf or authority (such as a recruitment management service), to upload information about job applicants to Instaploy and interact with these individuals or direct Instaploy to interact with them on your behalf (“Candidate Import”). By using Candidate Import, you instruct Instaploy to process this information on your behalf according to this Agreement and any applicable Data Processing Addendum (“DPA”). You represent and warrant that you, and any third party you have authorized to upload Client Personal Data to the platform, have obtained all necessary rights and permissions from, and provided all necessary information and disclosures to, job applicants as required under applicable data protection or other relevant law for you to provide or make available Client Personal Data to Instaploy using Candidate Import. You also agree to defend and indemnify Instaploy for any breach of these obligations.Furthermore, you agree that Instaploy is responsible for such Client Personal Data only after it is received by Instaploy, and you remain responsible for the data up until its receipt by Instaploy and thereafter with respect to your use of the data.

ARTICLE 3. TERMS OF SERVICE FOR ALL USERS

3.1. Acceptance of Terms

By accessing or using the Site, you agree to abide by the terms and conditions set forth in this Agreement. You acknowledge and consent to the activities described within this Agreement as necessary for the Site’s functionality. The use of the Site for commercial communications is prohibited and constitutes a violation of this Agreement. If you disagree with any aspect of this Agreement or do not wish to authorize the described activities, you should not use the Site. By using the Site, you confirm that you have read and acknowledged Instaploy’s Cookie Policy and Privacy Policy.

3.1.1 Data Collection and Use

When you access the Site, you acknowledge and agree that Instaploy will collect, record, process, analyze, and store all activities and interactions you have on or through the Site. This includes details such as the specific areas of the Site you visit, content you view, information you input, and your interaction patterns, including clicks, scrolls, mouseovers, and time spent on each activity. For instance, when you search for jobs, send emails, message other users, chat with support representatives or bots, engage with Instaploy personnel, submit applications, participate in interviews, or interact in any other way through the Site, Instaploy collects and stores these activities and interactions. This data collection applies to all users, including those using private browsing or incognito modes. Instaploy also utilizes vendors as extensions of the Site to help collect, process, analyze, and store this data. You grant Instaploy the right to use this data, along with User Content (such as resumes) and Algorithmic Content (content generated by algorithms), to develop, train, and build statistical models, including artificial intelligence and machine learning models, without any compensation owed to you for these activities.

3.1.2. Site Functionality and Connections

When you use the Site, you authorize Instaploy to transmit data, text, and images, which may be stored temporarily or permanently on your device. You can remove this data by clearing third-party cookies from your browser and device. For more details on managing tracking technologies, please refer to our Privacy Policy. You also consent to Instaploy making any necessary connections with wires, lines, cables, or instruments, including communication systems, as deemed necessary for the operation of the Site. Additionally, you authorize Instaploy to use processes that record or decode dialing, routing, addressing, and signaling information, acknowledging that these actions are essential for the Site’s functionality.

3.1.3. Testing and Updates

From time to time, Instaploy may test improvements and updates to the Site and its services, which could impact various features such as ad delivery systems, audience targeting, ad performance, placement, profiles, resumes, job search functions, recommendations, alerts, or formatting. You agree that Instaploy may conduct these tests without prior notice. Instaploy’s services and availability may vary depending on your location, and you should check the Site to see which services are accessible in your region.

3.1.4. Suggestions and Recommendations

Instaploy may offer suggestions, recommendations, or information to enhance or support your experience on the Site. These offerings are provided as a courtesy, without warranty, and are based on information provided by other users. Your use of this information is at your own risk, and Instaploy assumes no responsibility or liability for any decisions or actions you take based on information obtained through the Site.

3.2. User Content

Certain areas of the Site, including our APIs, allow users to upload or post content such as job listings, resumes, reviews, information, text, images, audio, video, messages, and other materials. This feature is designed to facilitate the exchange of information regarding potential job opportunities, educational institutions, certifications, employers, and candidates. Any data or content that a user or third party submits, publishes, displays, or makes available on or through the Site, or otherwise provides to Instaploy, is referred to as “User Content.” This includes job ads, resumes, company reviews, school reviews, certification or license reviews, and messages sent via the Site.Instaploy is not responsible for the accuracy, completeness, or truthfulness of User Content, which may be misleading, inaccurate, or deceptive. Instaploy does not verify the truthfulness of User Content. Any opinions, facts, advice, information, or statements contained within User Content are solely the responsibility of the original author, who may use anonymous identifiers. You may encounter content that you find harmful, offensive, threatening, indecent, or otherwise objectionable. User Content may not be reliable or suitable for legal proceedings. You acknowledge that Instaploy has no obligation or liability regarding the publication, monitoring, or removal of User Content. Additionally, Instaploy is not responsible for the accuracy of User Content that may be translated on the Site through services like Google Translate.Instaploy disclaims all responsibility and liability for the content, accuracy, including the translation of user-generated content translated using Google Translate, completeness, legality, reliability, or availability of any Company Page.

3.2.1. Content Moderation

If you choose to provide User Content, it must comply with the Site Rules, Instaploy’s policies, and Instaploy’s Terms of Service. These guidelines include, but are not limited to, the following: Your User Content must not be unlawful, fraudulent, discriminatory, threatening, abusive, obscene, or otherwise inappropriate, irrelevant, or unconstructive. It must not contain sexual, ethnic, racial, or other discriminatory slurs. It must not include proprietary information, trade secrets, intellectual property of others, or confidential information. Your User Content must not include spam, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or any other commercial communications, except for Job Ads as permitted under this Agreement. Your content should not cause harm to anyone, especially minors.Job postings must meet specific criteria to be visible on the Site, including offering real job opportunities (not training programs, expired positions, etc.), providing a detailed and accurate job description, and being free of vulgar or illicit content.You are prohibited from posting official identification information, such as social security numbers, passport numbers, national identification numbers, insurance numbers, driver’s license numbers, immigration numbers, or any other similar codes or identifiers, as well as background check information. Posting such identification information online can lead to identity theft, for which Instaploy cannot be held responsible. Additionally, you may not post highly confidential personal information, such as medical or health records, or any other categories of personal data subject to data breach notification requirements in any country.When submitting a company review or providing information, ratings, or answering questions about your current or former employer, you agree that this User Content may be displayed publicly on or through the Site and may include your job title, location, employment status (current or former), and the date of your submission. Instaploy assumes no responsibility and disclaims all liability for such User Content, including any content that may personally identify you. If you do not wish your User Content to be publicly visible or to personally identify you, do not submit it.Instaploy may monitor and review User Content to prevent potentially illegal or harmful activities or any activities that could negatively impact other users. If Instaploy determines that your User Content or actions violate our Terms, policies, or are detrimental to other users, restrictions may be placed on your account and any accounts suspected of being associated with you. If you believe that any User Content violates this Agreement or our policies, please contact Instaploy. However, detection methods are not foolproof, and false positives or negatives may occur. Instaploy is under no obligation to monitor specific users or User Content and does not guarantee the removal of any particular User Content.

3.2.2. Disclosure and Legal Obligations

Instaploy reserves the right to disclose all User Content, along with relevant information and circumstances, to third parties in connection with the operation of the Site, to protect itself, its affiliates, partners, and visitors, or to comply with legal obligations or government requests. This means, for instance, that Instaploy may comply with subpoenas, search warrants, or court-mandated requests to disclose User Content you have provided. Your identity may be discoverable through such legal requests, even if you post content anonymously or confidentially.Instaploy, as an interactive computer service, has no obligation to host or remove specific User Content and may exclude or remove any User Content from any part of the Site or its services for any reason or no reason at all. Instaploy is under no obligation to include any User Content on the Site (for example, in job search results). Decisions about whether User Content violates Instaploy policies, whether to publish or withdraw content, or whether to exclude material that any party seeks to post on the Site, remain solely at Instaploy’s discretion. You agree that Instaploy has no liability or obligation to you or any other party arising from its editorial decisions.

3.2.3. Legal Protections under Section 230

Section 230 of the U.S. Communications Decency Act provides the following:

1. Treatment of Publisher or Speaker:

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

2. Civil Liability:

No provider or user of an interactive computer service shall be held liable on account of:o (A) Any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; oro (B) Any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).

3.3. License to User Content and Feedback

3.3.1. Grant of License to User Content:

By submitting User Content, you grant Instaploy a non-exclusive, worldwide, perpetual (revocable as outlined below), fully paid, royalty-free, transferable, and sublicensable (through multiple layers of sub-licensees) license to use, reproduce, distribute, display, perform, reformat, create derivative works from, and otherwise exploit your User Content. This license allows Instaploy to use your content for publishing on its website or third-party sites, improving the Instaploy website, and promoting Instaploy without restriction. You will not receive any compensation for Instaploy’s use of your content under this license. If applicable law requires compensation, you waive any rights to it to the fullest extent permitted. Instaploy will cease using your content within a commercially reasonable time after it has been removed from its site. Instaploy reserves the right to reject, post, display, or make available any User Content at its discretion.

3.3.2. Use of Name, Likeness, and Trademarks:

You also grant Instaploy, its affiliates, and sublicensees the right to use your name, username, trademarks, and logos in connection with your User Content. This includes using such identifiers in Instaploy’s marketing materials or in promoting your User Content, such as through third-party search engines. If your User Content contains your name, likeness, voice, or image, you irrevocably waive any rights to claims related to the violation of your publicity rights or similar claims arising from Instaploy’s use of your content.

3.3.3. Representations and Warranties:

You represent and warrant that: (i) you own the User Content or have the right to grant the license to Instaploy; (ii) your User Content, and Instaploy’s use of it, will not violate any applicable laws or infringe on the rights of others; and (iii) your User Content will not result in any breach of contract with third parties. You agree to cover all royalties, fees, damages, and other liabilities resulting from your User Content. You also agree to defend, indemnify, and hold Instaploy harmless from any claims related to your User Content. If you wish to revoke the license granted to Instaploy, you must send a certified letter to the address provided, including your identification and a detailed request for removal of the specific User Content.

3.3.4. Providing Feedback:

You may provide feedback, suggestions, or opinions about Instaploy or the site, such as identifying errors or suggesting improvements (“Feedback”). Instaploy is free to use and disclose this Feedback without compensation to you, on a non-confidential basis, and to sublicense it freely. By providing Feedback, you grant Instaploy a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, distribute, perform, display, create derivative works from, and otherwise exploit the Feedback for any purpose. Instaploy’s acceptance of Feedback does not waive its rights to use similar ideas already known to it, developed by its employees, or obtained from other sources.

3.4. Site Usage Guidelines

3.4.1 Compliance with Site Rules:

By accessing and using our Site and services, you agree to adhere to these Site Usage Guidelines along with any additional rules or policies posted on the Site. Violation of these rules constitutes a material breach of this Agreement and unauthorized use of the Site. Instaploy reserves the right to take appropriate actions against any user or activity that violates these guidelines, including removing content, limiting or suspending access to services, logging the user out, or disabling the user’s account without prior notice.

3.4.2 Prohibited Actions You are strictly prohibited from:

• Accessing the Site through any means other than the publicly provided web or app interface by Instaploy, accessing parts of the Site you are not authorized to access, or accessing systems without express permission.• Providing false, inaccurate, or fictitious information.• Uploading or transmitting any code or data with the intent to damage, disrupt, disable, impair, interfere with, intercept, expropriate, or otherwise impede the Site or any related data, systems, equipment, or communications, or that violates any applicable law.• Accessing any data, including personal data, without permission, whether by automated means or otherwise.• Using the services to harm, disrupt, or interfere with the Site, its appearance, or any related systems.• Bypassing any functionality limitations or suspensions, including through automated means or otherwise.• Submitting job applications or other User Content in bulk using automated tools, unless explicitly provided by the Site or agreed upon in writing with Instaploy.• Interfering with the use of the Site by others.• Modifying, adapting, translating, reformatting, reselling, framing, or reverse-engineering any part of the Site.• Removing any copyright, trademark, or other proprietary rights notices.

3.4.3 Prohibited Site Uses:

You may not use the Site to:• Harm or violate the rights of others, including their right to publicity, privacy, or intellectual property.• Provide false or misleading information.• Transmit or store biometric information or identifiers.• Promote or engage in illegal activities.• Promote pyramid schemes, multi-level marketing (MLM) programs, jobs that require payment to start, or any other activities deemed detrimental to users.• Send unsolicited commercial messages or other unlawful communications.• Impersonate others, create false accounts, or send messages to users who have requested not to be contacted.• Send text messages or make calls unrelated to hiring or job applications.• Sell personal data.

3.4.4 Monitoring and Enforcement:

Instaploy reserves the right to monitor all activity on the Site and to block or delete any communications or messages deemed malicious, spam, fraudulent, or unwanted. This includes attachments, scripts, macros, or other forms of code. Instaploy alone will determine what constitutes spam, based on data collected through the Site. Instaploy reserves the right to interact with users to investigate potential violations of these guidelines and may share findings with law enforcement or third parties.

3.4.5 Restrictions and Prohibitions:

Instaploy may, at its sole discretion, disable your account or restrict your access to Instaploy services. The use of automation, scripting, bots, or other tools to automate processes on Instaploy, or access services outside of Instaploy’s official channels, is strictly prohibited. You may not use the Site for personal commercial gain, nor engage in activities such as crawling, scraping, data mining, extracting data, reproducing, duplicating, copying, selling, exploiting, or reselling any part of the Site without Instaploy’s express written permission. Misuse of the Site, including bribing Instaploy employees to alter or remove user-generated content, will result in immediate removal from the Site.

3.4.6 Legal Compliance:

You agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws, copyright laws, and other intellectual property laws. You represent and warrant that you are not located in, a resident of, or a national of any country subject to a U.S. government embargo, sanctions, or other restrictions, nor are you listed on any Restricted Lists.

3.4.7 Restricted Lists:

Restricted Lists include:• Bureau of Industry and Security, U.S. Department of Commerce, Denied Persons List• Bureau of Industry and Security, U.S. Department of Commerce, Unverified List• Defense Trade Controls – List of Debarred Parties• Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons and Vessels List• Bureau of Industry and Security, Department of Commerce, The Entity List.

3.5. Accessing External Sites

3.5.1 Links to External Sites:

The Site may contain links to other websites on the internet, owned and operated by third parties (“External Sites”), such as Employer websites, Applicant Tracking Systems, or promotional platforms. These links might also be found within User Content (e.g., Resumes or Job Ads) accessible on the Site. Instaploy is not responsible for the availability, content, or any other aspect of these External Sites. These links may be removed by Instaploy at any time, and any concerns about an External Site should be directed to the respective third party.

3.5.2 Interaction with External Sites:

Instaploy has no control over the operations of External Sites. If you visit an External Site and engage in transactions, you are doing so independently, at your own risk, and entering into an agreement solely with the third party. Any data you provide to the third party is governed by their privacy policies and terms of service. Instaploy disclaims all liability for any issues or consequences arising from your interaction or transactions with these third parties, including any payment demands they may make.

3.5.3 Third-Party Services:

Instaploy may offer you access to services or products provided by third parties (“Third-Party Services”) via links on the Site. For example, a Jobseeker might be allowed to request their own background check, or an Employer might request one for a Jobseeker. In such cases, Instaploy acts only as a technical conduit, facilitating the transmission of background checks between the Third-Party Service and you. Instaploy does not assemble, access, view, analyze, alter, evaluate, or store these background check reports.

3.5.4 Contracting with Third-Party Services:

If you choose to utilize a Third-Party Service’s link and its offerings, you are entering into a contract directly with that Third-Party Service, and Instaploy is not involved in this contract. Furthermore, you agree to fully indemnify and defend Instaploy against any claims arising from your use of the services or products provided by the Third-Party Service.

3.5.5 Third-Party API Information:

The Site may include information provided by third-party APIs, which are subject to additional terms and conditions from those third parties. For instance, the Site might include Google Maps features, governed by the current versions of the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.

3.6. Creating and Accessing Your Account

3.6.1 Account Registration and Information:

Certain areas of the Site require you to register, verify an email address, or create an account. You agree to provide true, accurate, current, and complete information during registration. You are prohibited from creating multiple accounts or using automated means to create accounts.

3.6.2 Account Security and Two-Factor Authentication (2FA):

Instaploy recommends enabling two-factor authentication (2FA) on your account where available. If you opt not to enable 2FA, you assume the risk. You are responsible for maintaining the confidentiality of your username and password, which should not be shared. Your account is accessible by anyone who has your username, password, and can answer your verification questions. Unauthorized access to your account could allow someone to act on your behalf, including contacting other users, with limited response options available to Instaploy.

3.6.3 Updating Contact Information:

If you change your phone number associated with 2FA or verification, the change may not automatically update across all areas of the Site, such as within your Job Seeker Profile. Employers may still be able to contact you using the old number if you opted to be contacted through that profile.

3.6.4 Account Security Notices:

Instaploy may send you notifications related to account security, such as alerts if you’ve interacted with a compromised account. However, Instaploy does not guarantee that such notices will always be sent or received, and you agree that Instaploy is not responsible for ensuring the delivery of these notifications. Instaploy makes no warranty and disclaims any liability for the accuracy, completeness, timeliness, or reliability of such security notices.

3.7. Your Contact Information

3.7.1 Communication Methods:

As part of our Services, Instaploy may contact you through your Instaploy account, email, telephone (including mobile phone), or postal mail. This communication may involve contact information you have provided or that Instaploy has obtained from third-party sources.

3.7.2 Phone Number Authorization:

By providing your phone number to Instaploy, you confirm that you are the primary user and subscriber of that number. You expressly agree to receive calls and texts at that number, including those to a mobile phone.

3.7.3 Opting Out of Text Messages:

To stop receiving text messages, reply with STOP to the text or contact Instaploy Customer Support. Due to the unstructured conversational nature of this service, we may not recognize other unsubscribe attempts. Replying STOP will unsubscribe you from Instaploy SMS alerts, but you may continue to receive texts related to specific subscriptions or services you have signed up for, such as Text to Apply and Hiring Events. To unsubscribe from these, you must respond STOP within the text flows of those services. Please note that unsubscribing from texts will not stop other forms of communication from Instaploy.

3.7.4 Revoking Consent for Text Messages:

You may revoke your consent to receive text messages by closing your Instaploy account. Instaploy is not responsible for third parties to whom you have provided your phone number.

3.7.5 Managing Email Preferences:

To stop receiving marketing or commercial emails from Instaploy, you can update your email preferences in your Instaploy account settings. You can also opt out by following the unsubscribe link in our emails.

3.7.6 Public Information and Third-Party Access:

In the United States, Instaploy may make certain information from various sources publicly available and searchable by third parties (such as Employers) through the Instaploy Resume Search Program or Smart Sourcing. This information is accessible on a limited basis and is intended to help Employers connect with potential job seekers regarding job opportunities. It may not be used for any other purpose. You can remove your publicly available information from this program and unsubscribe from job opportunity notifications by following the unsubscribe link in our messages. To delete your information from our Site, submit the appropriate form.

3.8. Payment

3.8.1 Authorization and Charges:

You will be charged as indicated on the Site. By providing your payment information, you authorize Instaploy to charge or debit your payment method for services purchased, according to the terms associated with the services and any other agreements with Instaploy.

3.8.2 Bank Account Direct Debits:

By providing your bank account information and agreeing to direct debits, you authorize Instaploy to use ACH to debit your bank account for any charges related to your use of Instaploy services or product purchases. This authorization remains in effect until revoked by you.

3.8.3 Subscription Plans:

Details of your subscription or plan are available on the Site at the time of purchase. If you purchase a subscription, it will automatically renew, and Instaploy will charge your payment method on a recurring basis until you cancel the subscription. Cancellation will take effect in the next billing cycle. Pausing your subscription does not cancel it, and it will resume automatic renewal once unpaused. No refunds or credits are provided for partially used billing cycles. Refunds for future unused billing cycles may be prorated at Instaploy’s discretion. After cancellation, you will retain access to the service until the end of the current billing period.

3.8.4 Billing and Payment Policies:

Invoices will typically be sent to you via electronic mail unless otherwise specified. Instaploy reserves the right to suspend or terminate your use of any Instaploy product if you have an unpaid balance. Any billing disputes must be claimed within 120 days after the charge. Instaploy may share your payment information with third parties like payment processors or credit agencies for purposes related to verifying your account, effecting payment, and servicing your account. Instaploy may also respond to legal processes, such as subpoenas or court orders, and update payment information through payment networks or card issuers. If your account has a payment method on file, it may be charged for other Instaploy services unless you specify otherwise.

3.8.5 Currency and Taxes:

All charges are made in U.S. dollars.You are responsible for paying any applicable taxes and governmental charges.

3.8.6 Refunds:

Refunds for Instaploy services may be available for up to four (4) months from the date of purchase, except in cases of policy abuse. All refunds are at the sole discretion of Instaploy.

3.8.7 Late Payment Penalties:

You agree to pay penalties for late payments as per contemporaneous US Federal Reserve interest rates plus 10% or the maximum interest permitted by law, whichever is lower. You may also be liable for a statutory lump-sum indemnity for recovery costs and any reasonable expenses and attorney fees incurred by Instaploy in collecting late payments.

3.9. Other Services

3.9.1 Instaploy Apps:

“Instaploy Apps” refers to our browser based and or downloadable applications available in device application marketplaces. This Agreement applies to your use of any Instaploy App. The legal entity responsible for the Instaploy App is the one specified in this Agreement, even if the developer identified on an application marketplace is Instaploy, Inc.If you allow a Instaploy App to use your device’s location services, the app may collect information based on your device’s geographic location. Some location data may be linked to your account (e.g., “coarse” location data collected by an iOS app), while other location data (e.g., “precise” location data collected by an iOS app) is not linked to your account but is still used by Instaploy.

3.9.2 E-Signature:

The Site may offer e-signature options, powered by a third-party service provider. By using e-signatures on the Site, you agree that your e-signature is intended to authenticate the document you sign and has the same legal force and effect as a manual signature. Instaploy is not a legal record keeper. Your use of e-signatures is at your own risk, and you are responsible for ensuring that your document is received and for retaining your own copies.

3.9.3 AI-Generated Content:

Instaploy may make available content created in whole or in part by algorithms, including “artificial intelligence” and machine learning algorithms, in response to information you provide through the Site (“AI-Generated Content”). AI-Generated Content may include chatbots, draft cover letters, resumes, template job descriptions, messages, or summaries. AI-Generated Content is experimental and is provided on an “as is” and “as available” basis. The use of AI-Generated Content is an evolving field, and Instaploy is working to improve its accuracy, reliability, safety, and benefits. AI-Generated Content may be generated in part by third-party artificial-intelligence providers. This content is owned or licensed by Instaploy and is subject to Instaploy’s Terms of Service and Privacy Policy. You acknowledge that you do not have any intellectual property rights in the AI offerings, models, or AI-Generated Content on the Site. Given the variable nature of AI-Generated Content, it is provided “as is,” and Instaploy makes no warranties regarding its appropriateness, accuracy, inoffensiveness, non-infringement, legality, or safety, and disclaims all liability related to AI-Generated Content.

3.9.4 Use and Responsibility for AI-Generated Content:

The use of AI-Generated Content is entirely at your own risk. AI-Generated Content may not accurately reflect real people, places, or facts. You are responsible for evaluating the accuracy and appropriateness of AI-Generated Content for your use case, including using human review where appropriate before using or sharing the content. By generating or using AI-Generated Content (for example, by providing content to the Site for the purpose of generating AI-Generated Content, or by adding AI-Generated Content to a job description or resume), you adopt, confirm, and ratify it. You agree that Instaploy is not the author of AI-Generated Content, which may be provided by a third party.

3.9.5 Limitations of AI-Generated Content:

You acknowledge and agree that none of Instaploy’s AI-Generated Content, such as chatbots, have the authority to enter into or make changes to any agreements on behalf of Instaploy. Any decisions or actions taken by such offerings are not legally binding, and Instaploy may not honor any benefits provided by AI-Generated Content if they are inconsistent with Instaploy policy and not provided elsewhere on the Site.

3.9.6. Liability for AI-Generated Content:

You agree to take full responsibility for the AI-Generated Content and its use or misuse, including any inaccuracies, non-compliance with these Terms or the Site Rules, and any harm caused to you or others. You agree to defend and indemnify Instaploy from any claims arising from your generation or use of AI-Generated Content.

3.10. Filtering for Minors

3.10.1 Parental Control Protections:

We inform you that various parental control protections, such as computer hardware, software, or filtering services, are available commercially and can assist you in limiting access to material that may be harmful to minors. Information about current providers of such protections can be found at GetNetWise and OnGuard Online. Please note that Instaploy does not endorse any of the products or services listed on these sites.

3.11. Use of Site by Minors

3.11.1 Age Restrictions:

The Site is generally intended for users aged 16 and over. However, certain jurisdictions may have different age restrictions, as outlined below. In all jurisdictions, if you are under the legal age of majority in your area, you must use the Site under the supervision of a parent, legal guardian, or responsible adult, even if your age meets the minimum requirement set by Instaploy for that jurisdiction. By accessing the Site, you represent and warrant that you meet the age requirements applicable in your jurisdiction (e.g., over 16 in the United States) Instaploy implements measures to ensure that no information is knowingly solicited from individuals who do not meet these age requirements.

3.11.2 Action on Violation of Age Policy:

If Instaploy becomes aware that an individual who does not meet the minimum age requirement has used the Site or provided personal information through the Site, we will take steps to restrict access to or close the account and remove that individual’s information from our systems.

3.12. Questions or Complaints

3.12.1 Contacting Instaploy:

If you have any questions or complaints regarding the Site, please reach out to us via Email at Privacy@instaploy.com or at Support@instaploy.com We advise against including credit card, bank account details, or other sensitive information in your email correspondence with us.

3.12.2 California Residents:

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.

3.13. Disclaimer of Warranties

3.13.1 Site Availability:

The Site may become unavailable, in whole or in part, at any time without notice. The Site relies on third-party services such as data hosting or processing vendors, and it may unexpectedly malfunction or become unavailable as a result.

3.13.2 Limitation of Liability:

To the fullest extent permitted by law, Instaploy disclaims all responsibility and liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or material displayed in or linked from Instaploy search results (including Job Listings) or otherwise made available on the Site by Instaploy or third parties (including User Content), whether paid for or free. Instaploy disclaims responsibility for the accuracy, content, completeness, or reliability of information provided for informational purposes only, such as Instaploy Analytics data, estimated applications, organic traffic, salary information, or third-party content. You acknowledge that you are not paying Instaploy for the aforementioned information. Instaploy disclaims any responsibility for the deletion, failure to store, mis delivery, or untimely delivery of any information, emails, attachments, or material (including User Content). Instaploy does not guarantee that the Site will always be error-free, safe, or secure. Instaploy further disclaims responsibility for any harm resulting from downloading or accessing any information or material on the Site or from other sites or services accessed through the Site. Under no circumstances shall Instaploy be liable to you or any third party for your use or misuse of or reliance on the Site, nor for your use or misuse of or reliance on any third-party site or service you link to from Instaploy’s Site.

3.13.3 Technical Malfunctions:

Instaploy disclaims all liability for any technical malfunction of the Site, including but not limited to the failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, email delivery failures (including attachments), account login issues, or any other Services provided by Instaploy due to technical problems or internet traffic congestion, third-party websites (including Applicant Tracking Systems (ATSs)), or any combination thereof. This includes any injury or damage to your or another person’s computer, mobile device, or other hardware or software related to or resulting from using or downloading any content in connection with the Site or Services. Instaploy is not responsible for any loss or damage to content, personal injury, or death resulting from anyone’s use of the Site, Services, User Content, or third-party applications, websites, software, or content posted on or through the Site or transmitted to users, or any interactions between users of the Site or Services, whether online or offline.

3.13.4 Service Limitations and Terminations:

Instaploy reserves the right to limit or terminate any and all Services and/or access to the Site in specific U.S. states or territories at any time, particularly during times of war, political upheaval, uncertainty, epidemic, pandemic, riot, insurrection, national or regional emergency, terrorism or threat thereof, or civil disorder.

3.13.5 Force Majeure:

Without limiting the foregoing, under no circumstances shall Instaploy or its affiliates, or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting from acts, causes, forces, or circumstances beyond their control, including, without limitation:• Acts of God or natural catastrophes• Floods, fires, storms, earthquakes, epidemics, pandemics, explosions, or similar events• War, invasion, hostilities, terrorism, riots, insurrections, civil unrest, military disturbances, sabotage• Government action, order, law, regulation, or orders of domestic or foreign courts or tribunals• Embargoes, blockades, or other actions by any governmental authority• National or regional emergency• Strikes, labor disputes, stoppages, slowdowns, or other industrial disturbances, or shortages of labor or materials• Failures or fluctuations of utilities, communications, computers, telecommunication services, or mechanical equipment• Loss of data due to power failures or mechanical difficulties with information storage or retrieval systems• Non-performance of third parties• Other events beyond Instaploy’s control

3.13.6 No Warranties:

THE SITE, AND ALL CONTENT, PRODUCTS, FEATURES, AND SERVICES AVAILABLE ON OR THROUGH THE SITE, ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. YOU USE THE SITE AT YOUR OWN RISK. Instaploy AND ITS AFFILIATES, AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, AND THAT THE SITE AND SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR-FREE, SAFE, OR SECURE. TO THE FULLEST EXTENT PERMITTED BY LAW, Instaploy AND ITS AFFILIATES, AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL CONTENT, PRODUCTS, FEATURES, AND SERVICES AVAILABLE ON OR THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Instaploy AND ITS AFFILIATES, AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY Instaploy. Instaploy IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE Instaploy, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

3.13.7 Assumption of Risk:

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.

3.14. Limitation of Liability

3.14.1 General Limitation of Liability:

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Instaploy OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY PERSON FOR DAMAGES ARISING FROM THE USE OR MISUSE OF OR RELIANCE ON THE SITE. THIS LIMITATION OF LIABILITY APPLIES TO PREVENT THE RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, DATA, OR INTERRUPTION OF BUSINESS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF Instaploy OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. THIS LIMITATION ALSO APPLIES TO DAMAGES ARISING FROM THE USE OR MISUSE OF AND RELIANCE ON THE SITE, RELIANCE ON INFORMATION POSTED ON THE SITE, INABILITY TO USE THE SITE, OR INTERRUPTIONS, SUSPENSIONS, OR TERMINATIONS OF THE SITE. THIS LIMITATION APPLIES TO DAMAGES INCURRED FROM SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THROUGH LINKS MADE AVAILABLE ON THE SITE. IT ALSO APPLIES TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST DATA, AND THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY RELATED INFORMATION OR MERCHANDISE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF Instaploy AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID Instaploy IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

3.15. Claims of Infringement

3.15.1 U.S. Copyright Infringement:

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Instaploy infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC § 512(c)(3)(A):• (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;• (b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works);• (c) Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Instaploy to locate the material on the site;• (d) The name, address, telephone number, and email address (if available) of the complaining party;• (e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;• (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Instaploy a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. For more details, see the U.S. Copyright Office website.Notices and counter-notices related to the Site should be sent in writing to:Instaploy Inc 11631 Victory Blvd, North Hollywood, CA 91606, Ste# 201 And via Email: to Legal@instaploy.com We suggest consulting your legal advisor before filing a notice or counter-notice. Be aware that there are penalties for false claims under the DMCA.

3.15.2 Other Claims of Infringement For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.

3.16. Reservation of Rights

You acknowledge that Instaploy or its affiliates, or its or their licensors, own all rights, titles, and interests in the Site and all associated proprietary rights. Instaploy reserves all rights not expressly granted herein. You may not modify any copyright notices, proprietary legends, trademark and service mark attributions, patent markings, or other indicia of ownership on materials accessed through the Site, except for your User Content. Any unauthorized use of materials or descriptions, derivative use of the Site or its materials, and use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. Additionally, framing any portion of the Site or its materials is not allowed.The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of these materials by the Government constitutes acknowledgment of Instaploy’s proprietary rights.

3.17. Miscellaneous

This Agreement constitutes the entire agreement between you and Instaploy, superseding all prior or contemporaneous representations, understandings, and agreements, whether written or oral. In the event of an inconsistency or conflict between these Terms of Service for All Users and the Job Seeker Terms, Employer Terms, or Publisher Terms, those specific terms shall control.Each provision of this Agreement is separately enforceable. If any provision is found to be unenforceable, it will be reformed to the extent necessary to keep the Agreement in effect.This Agreement cannot be modified or amended except by a document signed by an authorized representative of each party. Use of the Site through an agency or reseller arrangement does not exempt you from these Agreement terms. Communications with Instaploy employees, whether written or verbal, do not modify or amend this Agreement.Notices to Instaploy must be sent to the applicable Instaploy entity via certified first-class or air mail or overnight courier and are considered given upon receipt. Notices to you may be sent via email to the address specified in your account or by posting a message to your account interface and are considered received upon sending (for email) or no more than fifteen (15) days after posting (for messages to your account interface).You may not assign or delegate any of your rights or obligations under this Agreement without Instaploy’s prior written consent; any such attempt is void. Instaploy may freely assign or delegate its rights and obligations under this Agreement without notice to you. Instaploy and you are not in a legal partnership, agency relationship, or employment relationship. When Instaploy provides the Site or any related services to you, it does so solely as an information service provider.Instaploy does not act as an employment agency by providing the Site or its tools. Except as otherwise agreed in writing, nothing in the terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between Instaploy and third parties. References to third parties as “partners” do not imply any authority for such parties to bind Instaploy to agreements or representations without prior written consent.“Including” means “including without limitation.”

3.18. Governing Law and Dispute Resolution

This Agreement is governed by the laws of California, United States, including matters of validity, construction, and performance. The courts located in Los Angeles County, CA, United States, shall have exclusive jurisdiction over any disputes arising from this Agreement.

3.19. Identifying and Removing Fraudulent Accounts

3.19.1. Detection of Fraudulent Accounts:

Instaploy uses both automatic and manual methods to identify and remove fraudulent accounts from the Site. Rules are in place to automatically flag potentially risky accounts for review by moderators, and various tools and subject matter expertise are used to manually identify accounts that the automatic system may miss.

3.19.2. Reporting Fraudulent Accounts:

Users can also report potentially fraudulent accounts and other user-generated content on the platform, including job posts, company page content, and messages. These reports are reviewed by trained moderators.

3.20. Moderating User-Generated Content

3.20.1 Content Moderation Practices:

Instaploy employs automatic and manual methods to moderate user-generated content on the Site, including rules that automatically flag content that may not meet the standards set forth in Instaploy’s policies and these Terms of Service. Instaploy proactively reviews user-generated content for compliance with its policies and these Terms of Service.

3.20.2 Reporting Problematic Content:

Users can report problematic content by emailing Support@instaploy.com These reports are reviewed by trained moderators.

3.21. Complaints Procedure

3.21.1 Submitting a Complaint:

If you are dissatisfied with a decision made by Instaploy in response to a notice of illegal content you submitted through the reporting portal, or if Instaploy restricts, removes, or disables access to your content; suspends or terminates the provision of services to you; or suspends or terminates your account, you may submit a complaint within six months. The six-month period begins when you are informed of the decision you wish to contest.

3.21.2 Required Information for Complaints:

Instaploy requires that your complaint include your email address, reference number, and specific reasons for your complaint, including why you disagree with Instaploy’s decision.

3.22. Misuse

3.22.1. Consequences of Misuse:

Instaploy may disable a user’s account, restrict a user’s ability to use parts or all of the Site, or take other actions if the user engages in misuse of the Site. Misuse includes, but is not limited to, submitting unfounded reports of illegal content, submitting unfounded complaints, or posting illegal content.

3.22.2. Review of Misuse Cases:

Instaploy reviews instances of misuse on a case-by-case basis, considering the number, frequency, and severity of the misuse. Further terms and conditions regarding the moderation of User Content are outlined in Section 2 of the Terms of Service for All Users above.

Instaploy PRODUCTS TERMS OF SERVICELast Updated: 9/24/2024

INSTAPLOY’S PLATFORM TERMS

1. The Program

The Instaploy Hiring Platform is designed to streamline and automate your hiring processes by providing access to various tools and services such as Instaploy profiles, Interview or other related features (collectively, the “Program”). You understand that utilizing the Program and associated tools is at your discretion, and you are responsible for applying these tools to your hiring processes in a manner that best suits your needs. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ENSURING YOUR HIRING PRACTICES COMPLY WITH ALL APPLICABLE LAWS, INCLUDING EMPLOYMENT LAWS, AND AGREE TO INDEMNIFY Instaploy AGAINST ANY CLAIMS ARISING FROM YOUR USE OF 1.1. THE Instaploy HIRING PLATFORM OR SIMILAR PRODUCTS. Instaploy disclaims any liability and makes no warranties regarding the compliance of your hiring practices with applicable laws. Additionally, Instaploy and its affiliates do not act as an employment agency by offering the Program and related tools. You recognize that Instaploy does not procure employees on your behalf or opportunities for Job Seekers.By using the Program and accepting these Terms, you agree to the following actions by Instaploy on your behalf:1. Posting Job Listings provided by you on the Instaploy platform and managing the associated campaign, including tracking or other engagement metrics.2. Including a feature for hiring events, interviews, or related posts (“Event”) corresponding to your Job Listings or Ads.

3. Receiving confirmations from Job Seekers for your Event(s).4. Incorporating any screening tools you choose, such as screening questions, evaluation methods, and assessments.5. Sending information provided by Job Seekers who reply to your Event(s) to you and any other designated individuals within your organization.6. Communicating information related to your Event(s) to Job Seekers who have replied via email or text message.If you request that Instaploy sends information to other individuals within your organization, you confirm that such individuals are authorized to receive this information.

1.2. Responsibilities and Compliance

You agree that all aspects of your Event(s), including the content of Job Listings or Ads, screening questions, assessments, safeguarding Job Seeker information, Event location, attendee management, and any associated materials or documentation, are solely your responsibility. You are also responsible for accommodating Job Seeker requests or needs during the interview or application process at the Event. You warrant that any data collected from attendees and shared with Instaploy is collected in compliance with local privacy regulations. Additionally, you grant Instaploy, its affiliates, and sublicensees a license to use your name, username, trademarks, and logos in connection with any user content or Instaploy marketing materials. Instaploy may promote your Job Listings or Ads through various methods at its discretion, including targeted advertising or keywords in third-party search engines.You acknowledge that Instaploy is not responsible for verifying qualifications, identifying Job Seekers, or conducting any screening during the Events; these responsibilities lie solely with you.

1.4. Virtual Interviews and Remote Communications

Instaploy may offer tools for managing virtual and remote communications, including Instaploy Interview, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). These services might include scheduling, video conferencing, web conferencing, meeting rooms, and other collaborative services offered by third-party providers. You acknowledge that Instaploy is not a telecommunications provider and disclaims all warranties regarding the transmission quality or availability of Virtual Interviews, including phone or video communications. Instaploy does not guarantee the availability of these services at the scheduled time, the quality of the services, or the accuracy of the scheduled dates or times for your Virtual Interviews.

2. Cancellation

Unless specified otherwise in an Insertion Order or a separate advertising agreement with Instaploy, you may independently cancel any Job Listing or Job Ad (and corresponding Event) at any time, with cancellation generally taking effect within 24 hours. However, in the event of an Event cancellation, Instaploy will continue to bill you for any accrued charges related to RSVPs, clicks, applications, or impressions while the Job Ad for that Event was active, as well as any applicable platform fees. Instaploy may notify Job Seekers about the cancellation of your Event. Instaploy reserves the right to cancel the Program, any part thereof, or these Terms at any time with notice. Additionally, Instaploy may modify the Program or these Terms at any time without liability, and your continued use of the Program after such notice indicates your acceptance of the updated Terms. Provisions in Sections 1, 3, 4, 5, and 6 will remain effective even after the termination or expiration of these Terms.

3. Prohibited Uses

You are prohibited from, and must not facilitate, any form of advertising that is illegal or engage in any illegal or fraudulent activities or business practices in any jurisdiction where your Job Listing or Job Ad is displayed. You warrant that all information you provide to Instaploy is accurate, current, and that you hold and grant Instaploy and its partners all necessary rights to use, copy, distribute, and display your Job Listings or Job Ads. Additionally, you confirm that such use and any linked websites comply with all applicable laws. Violations of these terms may result in the immediate termination of your account or these Terms without notice and could expose you to legal consequences. Instaploy or its partners may reject or remove any Job Listing, Job Ad, or related content at their discretion, and Instaploy reserves the right to disable any Employer’s account without prior notice.

4. Disclaimer and Limitation of Liability

THE Instaploy HIRING PLATFORM AND SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. Instaploy, ITS AFFILIATES, AND THEIR THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE PLATFORM AND SITE IS AT YOUR OWN RISK. Instaploy DOES NOT GUARANTEE UNINTERRUPTED, ERROR-FREE, SAFE, OR SECURE OPERATION OF THE PLATFORM OR SITE. Instaploy, ITS AFFILIATES, AND THEIR THIRD-PARTY LICENSORS DISCLAIM ANY GUARANTEES REGARDING THE POSITIONING, TIMING, OR PERFORMANCE OF CLICKS, RSVPS, APPLICATIONS, IMPRESSIONS, OR ATTENDEE QUALITY. AN RSVP TO YOUR EVENT OR INTERVIEW DOES NOT GUARANTEE JOB SEEKER INTEREST IN YOUR JOB AD. EXCEPT FOR AMOUNTS PAYABLE UNDER SECTION 6 AND IN THE EVENT OF A BREACH BY YOU OF SECTION 1, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE TERMS FOR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNTS PAID OR PAYABLE TO Instaploy FOR THE JOB ADS OR LISTINGS THAT GAVE RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

5. Payment

You will be billed according to the pricing outlined on screen at time of purchase, and at time of signup, and applicable platform fees. Instaploy may offer subscription payment options, which will be billed as indicated in the insertion order. If your Instaploy employer account has payment details on file, Instaploy will charge that payment method for any applicable charges on the Instaploy Platform.

6. Indemnification

You agree to indemnify, defend, and hold harmless Instaploy, its agents, affiliates, licensors, and partners from any third-party claims or liabilities (including reasonable legal fees) arising from your use of the Program, Job Listings, Job Ads, screening questions, Events, Site usage, or any breach of these Terms.

Data Processing AgreementController to Processor Data Processing AddendumThis Data Processing Addendum (“Addendum”) is entered into between You and the applicable Instaploy entity functioning as a Processor under the relevant Data Protection Laws. This Addendum is incorporated into our Terms of Service and is specifically applicable in circumstances where Instaploy acts as a Processor of Client Personal Data on your behalf as the Controller.Both You (“Client”) and Instaploy are collectively referred to as the “Parties,” and individually as a “Party.”DefinitionsThe following terms shall have the meanings ascribed to them in this Addendum unless otherwise stated:• Affiliate refers to any entity that, directly or indirectly, controls, is controlled by, or is under common control with Instaploy. “Control” refers to owning a majority of shares or having the authority to direct management. • Applicable Data Protection Law encompasses all relevant laws, regulations, and legal requirements related to (i) privacy, data security, consumer protection, marketing, and communications; (ii) the use, collection, storage, security, transfer, and processing of Personal Data applicable to the handling of Client Personal Data under this Agreement, including but not limited to relevant U.S. state and federal data protection laws such as the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, the “CCPA”), and binding guidance issued by a competent U.S. regulatory authority, including a state Attorney General or the California Privacy Protection Agency, under applicable law.• Business Contact Information includes the names, addresses, email addresses, and phone numbers of the other Party’s employees, directors, vendors, agents, and customers, maintained by a Party for business purposes as detailed herein.• Client Personal Data refers to personal data owned or controlled by the Client, where Instaploy acts as the Processor or Service Provider. Client Personal Data does not include data that has been anonymized, aggregated, de-identified, or otherwise compiled in a generic manner that does not identify specific individuals, unless prohibited by Applicable Data Protection Law.• Terms such as “Controller,” “Consent,” “Processor,” “Sub-Processor,” “Data Subject,” “Personal Data,” and “Processing” shall have the meanings assigned under Applicable Data Protection Law. For clarity, the term “Processor” includes, without limitation, entities defined as a “Business” under the CCPA, “Service Provider” under the CCPA. In the context of this Addendum, “Processor” shall refer to Instaploy.• Instaploy refers to the Instaploy entity entering into the Agreement with You, along with any relevant Affiliates.• Personal Data Breach means a confirmed security breach of Client Personal Data that results in accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to such data, processed by Instaploy under the Agreement. Such breaches that constitute a personal data breach under Applicable Data Protection Law fall under this definition.• Technical and Organizational Security Measures are those outlined in Appendix B of this Addendum, designed to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access, particularly during data transmission over a network.In this Addendum, all references to “You,” “Your,” or “Client” shall mean the individual or organization accessing the Instaploy Site in your capacity as an Employer and the Controller of your Personal Data.

2. Representations and Warranties

2.1 Each Party represents and warrants that it will adhere to the Applicable Data Protection Law requirements as relevant to their processing of Client Personal Data.2.2 Each Party confirms that they have no knowledge of any Data Protection Law that would prevent them from providing or receiving services under the Agreement.2.3 Each Party assures that they have the corporate authority and capacity to fulfill their obligations under this Addendum.

2.4

You represent and warrant to Instaploy that:2.4.1You shall perform all your obligations under this Addendum in accordance with commercially reasonable industry practices;2.4.2 You have no reason to believe that Applicable Data Protection Law prevents you from entering into this Addendum or fulfilling any of your obligations under this Agreement;2.4.3 You have obtained all necessary authorizations, including instructions, notices, licenses, and consents, to enter into this Addendum, and these authorizations are valid and will remain in effect throughout the duration of this Addendum;2.4.4 You shall only provide processing instructions that are lawful, and you bear full responsibility for the accuracy, quality, and legality of Client Personal Data and its acquisition;2.4.5 Neither the execution and delivery of this Addendum nor your performance of any obligations herein violates any (a) applicable law; (b) court order; (c) corporate constitution or similar documents; or (d) other binding agreements or instruments.2.5 Prior to transmitting Client Personal Data to Instaploy, you shall inform Instaploy of any specific requirements related to the transmitted data.

2.6 Instaploy represents and warrants to You that:

2.6.1 It will process Client Personal Data (as described in Appendix A) only according to your documented instructions, which may be updated periodically (including as set forth in the Agreement and this Addendum), unless required by law. The Parties agree that the Agreement, this Addendum, and your use of any services’ features or options constitute your complete and final instructions to Instaploy regarding the processing of Client Personal Data. Any processing outside these instructions requires prior written agreement between the Parties. You acknowledge and agree that these instructions include the processing of Client Personal Data to provide, support, and improve Instaploy’s services (including insights and reporting).

2.6.2 Instaploy will promptly notify you if it determines that your processing instructions violate any Applicable Data Protection Law (without implying an obligation for Instaploy to provide legal or regulatory advice or to monitor the laws applicable to you).

3. Disclosure and Processing of Client Personal Data

3.1 When providing or making available Client Personal Data to Instaploy, You shall ensure that only the data necessary for Instaploy to fulfill its obligations under the Agreement is disclosed or transmitted.3.2 Upon the expiration or termination of the services provided under the Agreement, Instaploy shall promptly and securely delete all Client Personal Data, including any existing copies, in accordance with its data retention schedule and applicable legal requirements. Notwithstanding the data retention schedule, if You submit a written request following the termination of services, Instaploy shall destroy all Client Personal Data in its possession, unless otherwise required or permitted by applicable law.3.3 All Instaploy personnel, including subcontractors authorized to process Client Personal Data, shall be bound by confidentiality obligations or a statutory duty of confidentiality.3.4 You acknowledge and agree that in the course of providing services, Instaploy may anonymize, aggregate, and/or de-identify Client Personal Data (“De-Identified Data”) and use or disclose such De-Identified Data for purposes such as research, benchmarking, improving Instaploy’s offerings, or for other business purposes permitted under Applicable Data Protection Law. Instaploy shall implement technical safeguards and business processes to prevent the re-identification or inadvertent release of the De-Identified Data.

4. Security Measures

4.1 Each Party shall implement appropriate technical and organizational security measures to protect Client Personal Data against unauthorized or unlawful processing, destruction, loss, alteration, damage, or disclosure. The Parties agree that:4.1.1 Considering the ongoing advancements in technology, the costs of implementation, and the nature, scope, context, and purposes of processing Client Personal Data, as well as the potential risks to individuals, Instaploy’s implementation of and compliance with the security measures outlined in Appendix B (“Technical and Organizational Security Measures”) provide an adequate level of security appropriate to the risk associated with processing Client Personal Data.4.1.2 The Technical and Organizational Security Measures set forth in this clause 4 and Appendix B are subject to technical advancements and development. Instaploy regularly reviews and may update or modify these measures to ensure the processing of Client Personal Data remains compliant with this Addendum and Applicable Data Protection Law.>

4.2 Personal Data Breach

If Instaploy becomes aware of an actual or suspected breach involving Client Personal Data, Instaploy shall notify You without undue delay. Instaploy will provide relevant information, assistance, and cooperation, taking into account the nature of the services provided and the information available, and will take reasonable commercial steps to (i) investigate and mitigate the breach and (ii) assist You in meeting any breach notification obligations under Applicable Data Protection Law. The Parties agree to work in good faith to develop the content of any public statements or required notices to affected data subjects and/or the appropriate regulatory authority in connection with a breach, provided that nothing in this clause shall prevent either Party from fulfilling its obligations under Applicable Data Protection Law.

5. Audits and Inspections

Upon receiving a written request, Instaploy shall, no more than once annually and at Your sole expense, provide information reasonably necessary to demonstrate its compliance with the obligations set forth in this Addendum and Applicable Data Protection Law. You are solely responsible for determining whether the Services and Instaploy’s Security Measures, as outlined in Appendix B, meet your requirements, including compliance with any Data Protection Laws.

6. Consumer Rights and Regulatory Requests

To the extent required by Applicable Data Protection Law, and considering the nature of the services provided, Instaploy shall:6.1 Provide reasonable assistance upon Your request in fulfilling obligations related to requests from data subjects to exercise their rights under Applicable Data Protection Law. Instaploy shall notify You promptly upon receiving any such request. Instaploy will not independently respond to requests from Your data subjects unless required by Applicable Data Protection Law. You shall inform Instaploy of any data subject or consumer request received and provide the necessary information to allow Instaploy to comply with the request, where applicable.6.2 Notify You of any inquiries or communications from a competent U.S. regulatory authority (such as a state Attorney General or the California Privacy Protection Agency) concerning Client Personal Data processed under this Addendum and the Agreement, unless prohibited by law or a regulatory authority. You are responsible for all communications or correspondence with any regulatory authority regarding Your role as the Controller of Client Personal Data under Applicable Data Protection Law, to the extent permitted by law.

7. Privacy Impact Assessments and Prior Consultation

To the extent required by Applicable Data Protection Law and considering the nature of the services provided and the information available to Instaploy, Instaploy shall provide reasonable assistance upon Your request with Your obligations to conduct privacy or data protection impact assessments related to the processing of Client Personal Data.

8. Sub processors

You grant Instaploy general authorization to engage sub processors. A list of existing sub processors, if any, may be made available upon request. Instaploy shall enter into a written agreement with each Sub processor imposing data protection obligations equivalent to those imposed on Instaploy under this Addendum. You must notify Instaploy in writing of any reasonable objection to changes or appointments of sub processors within 10 business days of such notice. You acknowledge that Instaploy’s sub processors are essential to providing the services and that, if You object to a Subprocessor’s involvement, Instaploy may not be obligated to provide the relevant services, with any necessary adjustments being at Your expense. Any disputes between the Parties shall be resolved according to the contract’s dispute resolution procedures.

10. California Consumer Privacy Act

10.1 The following provisions apply to the extent that the California Consumer Privacy Act (CCPA) is relevant. Instaploy shall:

(i) not sell or share any Client Personal Data (as defined by the CCPA); (ii) not retain, use, or disclose such data for any purpose other than the business purposes specified in the Agreement, unless otherwise permitted by law; (iii) not retain, use, or disclose such data outside the direct business relationship between Instaploy and the Client, as outlined in the Agreement, unless otherwise permitted by law; (iv) ensure that the level of privacy protection for Client Personal Data meets the applicable obligations under the CCPA; and (v) notify the Client if Instaploy can no longer fulfill its obligations under the CCPA, and work with the Client to take reasonable steps to cease and remediate any unauthorized use of Client Personal Data.10.2 The Client agrees that Instaploy’s execution of the Agreement shall be deemed to constitute any certification required under applicable Data Protection Laws concerning the restrictions on the sale, retention, use, or disclosure of Client Personal Data.

11. Use of Business Contact Information

Each Party consents to the other Party using its Business Contact Information for purposes related to contract management, payment processing, service offerings, and business development, including with partners, as well as any other purposes outlined in the using Party’s privacy policy (available upon request). For these purposes, and despite anything else stated in the Agreement or this Addendum regarding Client Personal Data, each Party shall be considered an independent Controller of the other Party’s Business Contact Information and is entitled to transfer such information within the United States in connection with that Party’s operations.

12. Disclaimer of Liability

Instaploy shall not be liable for any claims brought by a data subject that arise from or relate to actions or omissions by Instaploy or its Affiliates that were performed in accordance with Your instructions.

13. Governing Terms

13.1 This Addendum constitutes the entire agreement between the Parties regarding its subject matter, and all prior representations, agreements, and statements are excluded.13.2 For the avoidance of doubt, this Addendum is considered part of the Agreement. The liability terms set forth in the Agreement shall apply to all claims arising under this Addendum.13.3 In case of any conflict or ambiguity between the terms of this Addendum and the terms of the Agreement, the terms of this Addendum shall prevail. All other terms and conditions of the Agreement remain unchanged and in full force and effect.

14. Severability

Each provision of this Addendum is distinct and severable. If any provision is or becomes illegal, invalid, or unenforceable in any jurisdiction, it will not affect or impair the legality, validity, or enforceability of any other provision of this Addendum in that jurisdiction.

15. Notices and Variation

All notices, consents, demands, and other communications required or permitted under this Addendum shall be in writing. No amendment to this Addendum will be effective unless it is in writing and signed by both Parties.

16. Changes in Laws

In the event of (i) newly enacted Applicable Data Protection Law, (ii) changes to existing Applicable Data Protection Law (including commonly accepted interpretations thereof), (iii) interpretations of new or existing Applicable Data Protection Law by You, or (iv) material new or emerging cybersecurity threats that individually or collectively necessitate a change in the manner in which Instaploy delivers the services to You, the Parties shall agree in writing on how these changes will impact Instaploy’s service delivery and make equitable adjustments to the terms of the Agreement and Services in accordance with any agreed-upon change procedures.

17. Governing Law and Jurisdiction

17.1 The jurisdiction for this Addendum shall be the same as that of the Agreement. If the Agreement does not specify a jurisdiction, any disputes or claims related to this Addendum shall be governed by and construed in accordance with:17.1.1 the laws of the State of California.