IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU MUST IMMEDIATELY STOP USING THE APP.
THE APP IS NOT INTENDED FOR USE BY ANY PERSON OR ENTITY LOCATED IN THE EUROPEAN UNION. WE DISCLAIM ALL APPLICATION OF THE GENERAL DATA PROTECTION REGULATION ((EU) 2016/679).
2. About Jyst
Jyst is an anti-resume job matching platform that seeks to match Job Seekers and Employers. “Anti-resume” means that Job Seekers can swipe on positions that match their requirements without submitting resumes or cover letters to Employers to connect with them; Employers can likewise swipe on Job Seeker Profiles that match their requirements to connect with Job Seekers. Jyst facilitates the initial connection between Job Seekers and Employers but is not involved in any other aspect of the hiring process; it is entirely up to Job Seekers and Employers to go beyond their initial match and complete the hiring process. We cannot guarantee that your use of the App will result in any contact, interviews or hiring.
We may change this Agreement from time to time. We will notify you of such changes by any reasonable means, including by posting a revised Agreement through the App. These changes apply to you starting on the date we make them. Your use of the App following any changes to this Agreement means you have accepted the changes. The “Last Updated” legend in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify, or discontinue all or part of the App; increase, charge, modify, or waive any fees required to use the App; or offer opportunities to some or all Users.
An “Employer” means individuals and/or organizations seeking information related to hiring or human resources, seeking Job Seekers, or seeking to make available information regarding employment openings, on their behalf or other’s behalf. A “Job Seeker” means an individual searching for or interested in exploring employment openings, or services or information related to personal employment or job search. Employers and Job Seekers are sometimes collectively referred to as “Users”.
“Job Seeker Profile” means a profile a Job Seeker creates through the App. “Business Profile” means a profile an Employer creates through the App and the Positions associated with this profile. “Positions” means Employer-created and provided listings and/or advertising employment opportunities and other job-related content, including links to third-party websites, through the App. “Listed Content” means Job Seeker Profiles and Business Profiles.
“Content” means information you authorize use to access from third parties like Facebook or Google, and any material that you post, upload, display, or otherwise make available on the App or transmit to other Users (including content like Listed Content, any direct messages that Users send to other Users, text, images, audio, and video).
You must be at least 18 years of age to create a Jyst Account or use the App. By creating an account and using the App, you represent and warrant that:
you can form a binding contract with us, and
you will comply with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
5. Rules of Conduct
By using the App, you agree to our “Rules of Conduct”. In addition to using good judgment, these include that you will not:
Use the App for any purpose that is illegal or prohibited by this Agreement;
Use the App for any harmful purpose, including to damage us or the App’s functioning or security in any manner;
Discriminate against any User on the basis of race, ethnicity, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, disability, or age;
Post any Content that promotes discrimination, hatred, or harm against any group or individual;
Post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; contains nudity or graphic or gratuitous violence; or contains no relevant or constructive content;
Defraud or materially mislead any User, or post any Content that is fraudulent or materially misleading;
Impersonate any person or entity or otherwise lie about your identity, including falsifying your identity when creating a Jyst account and using another User’s account without authorization from such User and us;
Spam or solicit money from any User, or post any Content that contains any unsolicited commercial communication (other than Content that is expressly permitted by us in writing), or encourages or causes spamming;
Bully, stalk, intimidate, assault, harass, mistreat, or defame any User;
Be unkind or disrespectful to our customer care representatives;
Violate or infringe any protected rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contract right; and
Post any Content containing official identification information (whether your own or of another person) not approved by us, including social security number, passport number, driver’s license number, immigration number, or any other similar identifier. Posting such identifying information may lead to identity theft and other adverse consequences.
If you do not use good judgment, violate these Rules of Conduct or otherwise breach this Agreement, your account and Content may be temporarily or permanently suspended or terminated and will be subject to “Policy Enforcement”, explained immediately below.
6. Policy Enforcement
Although we have no obligation to do so, we reserve the right to review User activity and Content on the App. We may in our sole discretion, at any time without notice: (i) modify or remove any Content or portion thereof; (ii) for any length of time, limit the functionality of or suspend any User account; (iii) terminate this Agreement and/or delete any User account; and/or, (iv) ban any User from the App that breaches this Agreement.
The foregoing shall never limit our right to pursue other disciplinary action or to take available legal action against any User that breaches this Agreement or otherwise uses our App to violate applicable laws. When a User breaches this Agreement we may consider the User's usage history and the circumstances in applying our policies. We reserve the right, in our sole discretion, to be as tough or lenient as we choose with policy enforcement in an effort to remedy the situation. Our enforcement decisions are final and binding. You agree that we have no liability to you or anyone else arising from our enforcement decisions.
7. Contacting Us
If you believe that any User has breached this Agreement, or if you have any questions related to the App, please contact us at firstname.lastname@example.org so that we may address your questions and concerns.
8. Your Account
In order to use the App, you must create an account on it, either as a Job Seeker or Employer. You may sign in using a few ways, including by Google login or Facebook login. If you choose to use your Facebook login, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile. For more information regarding the information we collect from you and how we use it, please consult our Privacy and Cookie Policies.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for the App, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.
9. Your Profile
When you create a Job Seeker Profile or Business Profile (also referred to in this Section as “Your Profile”), you authorize us to make Your Profile available to other Users so that we can match you to them.
If you are a Job Seeker, Your Profile consists of information about your job seeking status, desired position and pay, skills, interests, experiences, education, location, and availability. If you are an Employer, Your Profile consists of information about your business and any Positions you post (which includes information about the position you are hiring for, the availability, skills, education, and experience level needed for such a position, and the pay and benefits Job Seekers can expect for such a position).
Whether you create Your Profile as a Job Seeker or post Positions as an Employer, you authorize us to make such Listed Content available to other Users so that we can match you to them. We may also use information about your activities on the App to determine whether you are a match with any User. We assume no responsibility and disclaim all liability for any information you share on Your Profile or any Content you post. It is your responsibility to review Your Profile to ensure that the content appears as you intend, and that it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact us to do so.
We reserve the right to limit access to Your Profile, at any time, to prevent illegal conduct, to mitigate fraud, or for any other reason in our sole and exclusive discretion. We disclaim and take no responsibility for any User’s hiring process or hiring outcome, whether it relates to a Job Seeker seeking work or an Employer seeking to hire others.
10. Your Content; Rights You Grant Us
You agree that your Content must comply with this Agreement’s terms, including our Rules of Conduct. You agree that you are responsible and liable for your Content and will indemnify, defend, release, and hold us harmless from any actual or threatened claims arising from or relating to your Content. You agree that we may monitor or review your Content and take disciplinary action against it, pursuant to Section 6, above.
You represent that all information that you submit upon creation of your account is accurate and truthful. You agree that we have no obligation to store, host, or remove any Content. You agree that your Content may be viewed by other Users, in order to match you to other Users, and any person visiting or participating in the App. You agree that we may place advertising from third parties (other than Content permitted by us in writing) on the App.
When you create a Jyst account, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual (for the life of the applicable copyright, if a copyright-protected work is involved), worldwide, right and license to use your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future). We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you. By submitting suggestions or feedback to us regarding the App, you agree that you grant us a non-exclusive, royalty free, perpetual, worldwide, sublicensable, transferable, right and license to use and share such feedback for any purpose without compensating you.
In addition, so that we can prevent the use of your Content outside of the App, you authorize us to act on your behalf with respect to infringing uses of your Content taken from the App by other Users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the App.
We may access, preserve, and disclose your account information and Content if required to do so by law or we believe that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of the Company or any other person.
11. Using the App
When a User interacts with your Content through the App, we may inform you about such actions through the App, for example, if an Employer swipes a Job Seeker’s Profile and creates a match. You are solely responsible for checking your dashboard to view User interactions with Your Profile and contacting Users who swipe your profile to complete the hiring process.
You may receive notifications from us regarding your or another User’s activity on the App. Such notifications are provided solely as a courtesy and you should not rely on them. We do not guarantee the delivery or receipt of such notifications or the date or time at which they may be sent. You may send other Users direct messages through the App’s messaging function and we encourage you to do so to take the hiring process to the next step. We do not guarantee the delivery or receipt of any direct messages or the date or time at which they may be sent.
12. User Conduct and Content
We have no obligation to pre-screen any Content or review any User conduct, on or off the App, and Content. We disclaim and take no responsibility for any User’s conduct, on or off the App, or their Content. You agree to use caution in all interactions with other Users, particularly if you decide to communicate off the App or meet in person. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF USERS. However, there may be times when we need to step in, and we reserve the right always to pre-screen Content and review User conduct and Content, and to seek any disciplinary action as needed, in our sole discretion. If you would like to report any violations of our Rules of Conduct, or have any concerns or complaints about the App, Content, and/or Users, please contact us.
We display Listed Content based on a combination of relevance, such as search terms, and other information provided and activities conducted on the App. The App provides search options to narrow down Listed Content search results by categories including, job type, location, and experience, and may not directly or accurately reflect the content of the Listed Content. Listed Content contained on the App are indexed or posted in an automated manner, except for sponsored, featured, or paid placements. We may reformat Listed Content to read more clearly on the App. To maintain the quality of the App, we, in our sole discretion, may impose limits on your ability to interact with Listed Content.
13. Rights We Grant You
We grant you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the App. This license is for the sole purpose of letting you use and enjoy the App’s benefits (i.e. to seek work or to hire others) as intended by us and permitted by this Agreement. Therefore, you agree not to:
Use the App or any content contained in the App for any commercial purpose, in any capacity other than that of a Jobseeker or Employer, without our written consent.
Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the App without our prior written consent.
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the App, or cause others to do so;
Use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy, or other manual or automatic device, method, or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the App or its contents;
Attempt to circumvent any content-filtering techniques we employ; use the App in any way that could interfere with, disrupt, or negatively affect the App or the servers or networks connected to the App; upload viruses or other malicious code or otherwise compromise the security of the App;
Discover source code or access any feature or area of the App that you are not authorized to access; probe, scan, or test the vulnerability of the App or any system or network; and develop any third-party applications that interact with the App without our prior written consent.
If we discover that your activity on the App breaches this Agreement, your account will immediately be subject to enforcement pursuant to Section 6’s terms.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
14. Terms of Payment
The App is free for Job Seekers. Employers must pay certain fees to post Positions.
Details regarding how much Employers have to pay to use the App are on the App itself. We charge Employers through the App Store, Google Play Store, carrier billing, direct billing through the App, or other payment platforms authorized by us. If an Employer makes an “in App” purchase, the Employer (or person acting on the Employer’s behalf) will be prompted to confirm the purchase with the applicable payment provider, and we will utilize the Employer-designated payment method (be it a credit card or a third party account such as Google Play Store or the App Store) to charge the agreed fee, as well as any sales or similar taxes that may be required.
A Position will remain active until you deactivate it. For each active Position, the Employer agrees that we will charge the designated payment method each month until you deactivate it. Deleting the App from your device will not deactivate your Position. No refunds or credits will be provided for any deactivated Position.
Employers agree that any credit card and related billing and payment information provided to us may be shared by us with companies who work on our behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to us, and servicing your account. We may also provide information in response to valid legal processes, such as subpoenas, search warrants, and court orders, or to establish or exercise its legal rights or defend against legal claims. The Employer agrees that we may obtain updated payment information for credit and debit cards through payment card networks, card issuers, or other third party sources. We may use the updated card information to charge amounts owed us. We shall not be liable for any use or disclosure of such information by such third parties.
You are responsible for paying all taxes and government charges, and reasonable expenses and attorney fees we incur in collecting late amounts. All withholding tax remittances to the government are Employer’s sole responsibility and we shall have no liability whatsoever therefor. To the extent permitted by law, if an Employer have an unpaid or outstanding invoice or account balance, the Employer’s account may be suspended or terminated pursuant to Section 6’s terms above.
15. Notice and Procedure for Making Claims for Copyright Infringement
If you believe that your work has been copied and posted on the App in a way that constitutes copyright infringement, please submit a takedown request by contacting us. If you contact us regarding alleged copyright infringement, please be sure to include the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the App (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
your contact information, including address, telephone number and email address, and the copyright owner’s identity;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We will seek disciplinary action pursuant to Section 6; we will also terminate the accounts of repeat infringers.
THE APP IS PROVIDED TO YOU “AS-IS, WHERE-IS”, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE GRANT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE APP (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND ANY IMPLIED INDEMNITIES. WE DO NOT REPRESENT OR WARRANT THAT: (I) THE APP WILL MEET YOUR REQUIREMENTS; (II) THE APP WILL BE SECURE OR ERROR FREE, OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; (III) THE OPERATION OF THE APP WILL BE UNINTERRUPTED; OR (IV) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE APP WILL BE ACCURATE.
WE DISCLAIM AND TAKE NO RESPONSIBILITY FOR: (A) ANY CONTENT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE APP; ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS ACCESSED AT YOUR OWN DISCRETION AND RISK; (B) ANY CONDUCT OF ANY USER, ON OR OFF THE APP; OR, (C) ANY USER’S HIRING PROCESS OR HIRING OUTCOME, WHETHER IT RELATES TO A JOB SEEKER SEEKING WORK OR EMPLOYER HIRING OTHERS; IT IS ENTIRELY UP TO JOB SEEKERS AND EMPLOYERS TO GO BEYOND THEIR INITIAL MATCHES ON THE APP AND COMPLETE THE HIRING PROCESS.
17. Limitations of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, FAILURE TO PROCURE EMPLOYMENT, FAILURE TO EMPLOY OTHERS, DAMAGES FOR LOSS OF GOODWILL, SERVICE INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF ADDITIONAL SOFTWARE OR DEVICE CONFIGURATIONS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF THE APP OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION, UNINSTALLATION, USE OF, OR INABILITY TO USE THE APP UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY, AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID IF ANY, BY YOU FOR THE USE OF THE APP.
YOU UNDERSTAND THAT “BUT FOR” THIS AGREEMENT BETWEEN YOU AND US, AND ESPECIALLY FOR THESE SECTIONS 16 AND 17, WE COULD NOT HAVE OFFERED YOU THE APP. THIS AGREEMENT REFLECTS A SPECIFIC PRICE-RISK ALLOCATION WHICH YOU AGREE TO WHEN YOU USE THE APP OR CREATE A JYST ACCOUNT.
18. Your Data
This Agreement remains in effect while you use the App or as long as your account remains open. You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the App.
We may temporarily or permanently suspend or terminate your account at any time without notice if we believe that you have violated this Agreement. Upon such suspension or termination, you will not be entitled to any refund for purchases made. After your account is terminated, this Agreement will terminate, except that the following provisions will survive and still apply to you and us: Section 3, Section 12, and Sections 16 through 23.
20. Indemnity by You
You agree, to the extent permitted under applicable law, to defend, indemnify, and hold us, our officers, directors, employees, parents, affiliates, successors, assigns, and licensors harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising out of or relating in any way to: (i) your access to or use of the App or Content; (ii) your breach of this Agreement; or (iii) your violation of any third party right, including without limitation, any intellectual property right, contract right, or privacy right.
21. Third Party Services
The App may contain advertisements and promotions offered by third parties and links to other web sites or resources. We are not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through the App, such party’s terms will govern their relationship with you. We are not responsible or liable for such third parties’ terms or actions.
22. Governing Law and Venue
The laws of the State of Washington, without regard to its conflict of laws rules, shall apply to any dispute arising out of or relating to this Agreement, the App, or your relationship with us (collectively, “Dispute”).
Any action, lawsuit, or other legal proceeding related to any Dispute shall be filed only in federal or state courts located in King County, Washington. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in King County, Washington and waive any claim that such courts constitute an inconvenient forum. You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to any Dispute.
This Agreement constitutes the entire understanding between the parties with respect to the matters referred to herein. The section headings in this Agreement are provided for convenience purpose only and have no legal or contractual significance. If any provision of this Agreement is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. This Agreement and any right granted herein may not be assigned by you without our prior written consent. Nothing in this Agreement will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.