Circle Global INC.

1.1. Account Creation.

(a) General. To use certain features of the Application, you must register for an account (“Account”) and provide certain information as prompted by the registration form. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; and (ii) you will maintain the accuracy of such information.

(b) Minor Users. You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction, which may be higher, e.g., 16 in certain European Union countries) to create an Account. If you are between 13 and 17 years old, you may only use the Application with the consent and under the supervision of a parent or legal guardian, who agrees to be bound by these Terms on your behalf. If you are a parent or legal guardian permitting a minor (age 13-17) to use the Application, you agree to be fully responsible for the minor’s use, including all AI Apply activities, application submissions, and compliance with these Terms. Parental or guardian consent will be confirmed through an in-app consent process requiring acknowledgment by the parent or guardian before account creation or continued use. Company may require additional verification (such as confirmation via email or SMS) to ensure valid consent has been obtained. If consent cannot be verified, the Company reserves the right to deny or terminate the minor’s account. Additional terms applicable to users ages 13-17 are described in our Information for Users Ages 13-17 ("Minor User Guidelines"), available at www.circle.net and www.circlejobs.com, which form part of these Terms. Paid Plans and Virtual Items (as defined in Section 4) may be purchased only through in-app purchase processing offered by the applicable mobile app store or platform; users ages 13-17 may make purchases only through such in-app purchase processing and may not use any third-party or direct payment method. Section 4.10 describes additional terms applicable to purchases made by or on behalf of users ages 13-17

1.2 Account Responsibilities.

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

1.3 Account Deactivation and Data Deletion.  You may deactivate or delete your Account at any time by using the “Delete Account” function in Settings or contacting Company at support@circle.net with your deletion request from the email address associated with your Account. For minors under 18, you (or your parent/guardian) may also request deletion of your Account and all associated data by contacting support@circle.net. Deletion requests will be honored promptly, subject to limited retention where required by law (e.g., fraud prevention, regulatory compliance).

Upon receipt of a verified request, Company will permanently delete or anonymize your Account information, subject to the following:

(a) Irreversibility. Account deletion is permanent and cannot be undone. Once deleted, you will lose access to your Account, User Content, job applications, AI-generated materials, and any stored data.

(b) Residual Copies. Company may retain limited backup copies for a commercially reasonable time (not exceeding 90 days) for disaster recovery, security, or system integrity purposes.

(c) Legal and Business Compliance. Company may retain certain information if necessary to comply with applicable law (including tax, audit, or regulatory obligations), enforce these Terms, resolve disputes, prevent fraud or abuse, or protect the rights and safety of users. Such information will be retained only as long as legally required or permitted.

(d) Employer Transactions and Retention of Data. Deletion of your Account does not retroactively withdraw job applications or communications already transmitted to employers. Employers may still retain any applications, resumes, or information previously provided. Termination or deletion of your Account does not affect information previously transmitted to Employers. Employers may continue to retain, use, or store your job applications, resumes, or related data in accordance with their own policies and obligations, which are outside of Company’s control.

(e) Paid Plans and Virtual Items. Deletion or deactivation of your Account does not entitle you to a refund of any fees already paid, except as required by applicable law or as expressly provided in Section 4. Any unused Virtual Items and any unused subscription or one-time-purchase benefits associated with your Account are forfeited upon deletion or deactivation. If you have an active subscription, you remain responsible for cancelling it through the applicable app store or platform through which it is billed; deleting or deactivating your Circle Account does not by itself cancel a subscription billed through a third party, and you may continue to be charged until you cancel through that third party.

2.1 License.  Subject to these Terms, Company grants you a non-transferable, nonexclusive, revocable, limited license to use and access the Application solely for your own personal, non-commercial use.

2.2 Certain Restrictions.  The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Application, in whole or in part, or any content displayed on the Application; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Application; (c) you shall not access the Application in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Application shall be subject to these Terms. All copyright and other proprietary notices on the Application (or on any content displayed on the Application) must be retained on all copies thereof.

2.3 Modification.  Company reserves the right, at any time, to modify, suspend, or discontinue the Application (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Application or any part thereof.

2.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Application.

2.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Application and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Application) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

2.6 Feedback. If you provide Company with any feedback or suggestions regarding the Application (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

3.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Application (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Since you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

3.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Application. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

3.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”

(a) You agree not to use the Application to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party, or (v) that, in the context of User-Posted Content, contains false statements of fact about an employer, business, item, opportunity, or person; misrepresents your personal experience, your relationship to a business or employer, or your ownership of an item; or is submitted for compensation from a third party, on behalf of a competitor, or to manipulate the reputation of any employer, business, or person; or offers for sale any item or service that is illegal, subject to a safety recall, or otherwise prohibited by applicable law.

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Application any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Application unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Application to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Application, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Application (or to other computer systems or networks connected to or used together with the Application), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Application; or (vii) use software or automated agents or scripts to produce multiple accounts on the Application, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Application (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Application for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file)

3.4 Enforcement. We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 9, and/or reporting you to law enforcement authorities. 3.5 AI Tools and AI Apply Authorizations.

(a) AI Tools. Company offers automated features ("AI Tools") that assist with generating resumes and other application materials and similar AI-assisted tasks. By using AI Tools, you acknowledge and agree that AI-generated or AI-assisted outputs may contain errors, omissions, or inaccuracies; that you are solely responsible for reviewing all AI-generated or AIassisted outputs before using or submitting them; and that you remain solely responsible for the accuracy, truthfulness, and completeness of all information you provide and of any output you choose to use.

(b) AI Apply Authorization. AI Tools include features for completing and submitting job applications on your behalf, individually or in bulk ("AI Apply"). By enabling AI Apply, you expressly authorize Company to: (i) generate, complete, and submit job applications on your behalf using the information you provide; (ii) answer job-specific application questions, including assessments, questionnaires, and personality or character evaluations required by potential employers; (iii) complete and electronically sign employer-required compliance forms, questionnaires, or acknowledgments on your behalf, as necessary to submit your job application or onboarding information; and (iv) respond on your behalf to employer follow-up communications, including interview invitations, interview scheduling, requests for additional information, and similar post-application correspondence.

(c) Selection, Summarization, and Editing. To provide and operate AI Tools and AI Apply efficiently and to present information to you in a usable form, you further authorize Company to select, prioritize, summarize, condense, edit, reorder, or omit (i) information you provide to Company when generating application materials or responses on your behalf – for example, selecting a subset of your work experience most relevant to a given job, or summarizing longer entries; and (ii) communications, options, or information received from employers when presenting them to you – for example, consolidating duplicate messages, or surfacing a subset of available interview times. You acknowledge that the application of these processes may result in information being abbreviated, deprioritized, or not presented to you, and that Company is not obligated to deliver every communication or option received from an employer in its original or unedited form. Company's responsibility for transmission and service limitations is further addressed in Section 7.5.

(d) Accuracy and Disclaimer. You represent and warrant that all information you provide is true, accurate, and not misleading. Company disclaims all liability for any inaccuracies, errors, omissions, or misrepresentations contained in AI-generated applications, materials, forms, or responses

3.6 E-SIGN Disclosure and Consent. By using the Application, you consent to transact electronically and to receive and sign disclosures, acknowledgments, and other records electronically, and you authorize Company to affix your electronic signature where you have instructed us to do so. You may withdraw consent or request paper copies at any time by contacting support@circle.net; withdrawal may impact our ability to provide certain features. To access and retain electronic records, you must have a current web browser and email account, and sufficient storage to save records. You agree to keep your email address current in your Personal Information settings.

3.7 User-Posted Content.

(a) Scope. In addition to information you submit in connection with your Job Profile and job applications, the Application may offer features that allow you to create, submit, or publish content that is visible to other users or the public – such as workplace reviews, posts, comments, listings of items for sale, and listings of job or work opportunities (collectively, "UserPosted Content"). User-Posted Content is a form of User Content and is subject to all provisions of this Section 3, including the license in Section 3.2 and the Acceptable Use Policy in Section 3.3. Company may introduce, modify, or discontinue features through which User-Posted Content may be submitted at any time.

(b) Your Responsibility. You are solely responsible for your User-Posted Content, including its accuracy, legality, and compliance with all applicable laws. Without limiting the Acceptable Use Policy, you represent and warrant that your User-Posted Content: (i) is based on your own genuine experience, knowledge, or ownership, as applicable; (ii) is not false, misleading, or deceptive; (iii) does not misrepresent your relationship to any employer, business, or other person; (iv) is not submitted in exchange for compensation from a third party, on behalf of a competitor, or for the purpose of manipulating the reputation of any employer, business, or person; and (v) does not violate any applicable law, including laws governing defamation, consumer protection, product safety, employment, labor, anti-discrimination, and worker classification.

(c) No Endorsement; No Verification. User-Posted Content reflects the views or offerings of the individual users who submit it. Company does not endorse, verify, adopt, investigate, or guarantee the accuracy, legality, quality, safety, or completeness of any User-Posted Content, including the accuracy of any review, the quality or condition of any item listed for sale, the legitimacy of any job or work opportunity, or the identity, qualifications, or reliability of any user. Company makes no representation regarding any employer, business, item, opportunity, or person based on User-Posted Content.

(d) Transactions Between Users. Where User-Posted Content facilitates a transaction between users – such as the sale of an item or the offering or acceptance of work – that transaction is solely between the participating users. Company is not a party to, and does not participate in, any such transaction. Company does not process payments, hold or escrow funds, ship or hold goods, employ or contract workers, or guarantee any aspect of any transaction between users. Users who post job or work opportunities through the Application are solely responsible for compliance with all applicable employment, labor, wage-and-hour, anti-discrimination, tax, and worker-classification laws. All transactions between users are conducted at the users' own risk, and you release Company from all claims arising from such transactions to the fullest extent permitted by law, consistent with the release in Section 6.3.

(e) Anonymous or Pseudonymous Posting. Where the Application allows you to submit User-Posted Content anonymously or under a pseudonym, that setting controls only how your content is displayed to other users. It does not make your User-Posted Content anonymous to Company: Company associates User-Posted Content with your Account, and may access, retain, and disclose information identifying you in connection with your User-Posted Content as described in the Privacy Policy, including in response to valid legal process, or as necessary to enforce these Terms or protect the rights, safety, or property of Company, its users, or others. You should not assume that anonymous or pseudonymous posting prevents your identity from being disclosed where disclosure is legally required or permitted.

(f) Moderation. Consistent with Section 3.4, Company may, but is not obligated to, review, screen, refuse, remove, or restrict any User-Posted Content in its sole discretion, including content that Company believes may violate the Acceptable Use Policy, may be false, defamatory, or misleading, may involve an illegal or unsafe item, may describe an unlawful employment arrangement, or may create liability for Company or any other person.

4. PAYMENT, SUBSCRIPTIONS, AND VIRTUAL ITEMS

4.1 Paid Plans. Certain features of the Application require payment ("Paid Plans"). Paid Plans may be offered as recurring subscriptions (a plan that renews automatically on a periodic basis) or as one-time purchases (a single purchase of specified features or Virtual Items that does not renew). The Paid Plans available from time to time, their prices, billing frequency, included features, included Virtual Items, and any applicable conditions are described at the point of purchase within the Application ("Offer Details"). The Offer Details for the Paid Plan you select are disclosed to you before you complete your purchase and are incorporated into these Terms by reference at the time you complete that purchase. Company may add, remove, modify, rename, or re-price Paid Plans and Virtual Items at any time; any such change applies prospectively only and does not affect a purchase you have already completed or, for a subscription, the then-current billing period for which you have already been charged.

4.2 Payment Methods and Authorization. You may be able to pay for Paid Plans through (a) the in-app purchase or billing system of the mobile app store or platform from which you obtained the Application (e.g., the Apple App Store or Google Play) ("In-App Purchase"), and (b) where Company makes it available, a third-party payment processor engaged by Company or a direct payment method ("Direct Payment"). Users ages 13-17 may purchase Paid Plans and Virtual Items only through In-App Purchase and may not use any Direct Payment method, regardless of whether Direct Payment is otherwise available. When you purchase a Paid Plan, you authorize Company and, as applicable, the relevant app store, platform, or payment processor to charge the payment method you provide for all fees, applicable taxes, and other charges associated with your purchase. You represent and warrant that you are authorized to use the payment method you provide. All prices are stated in U.S. dollars unless otherwise specified in the Offer Details, and all fees are exclusive of taxes unless the Offer Details state otherwise.

4.3 Subscriptions; Automatic Renewal; Cancellation.

(a) Affirmative Consent and Disclosure. Before you are charged for a subscription, the Application will disclose the subscription's recurring nature, billing frequency, price, and the steps to cancel, clearly and conspicuously and in visual proximity to the mechanism by which you accept. By completing the purchase, you provide your affirmative consent to those subscription terms, including automatic renewal.

(b) Automatic Renewal. Unless and until you cancel, your subscription will automatically renew at the end of each billing period, and your payment method will be charged at the then-current price for that subscription at the start of each renewal period.

(c) Cancellation. You may cancel a subscription at any time. For a subscription billed through In-App Purchase, you cancel through the subscription-management settings of the applicable app store or platform; the Application will also provide access to, or instructions for reaching, that cancellation function. For a subscription billed through Direct Payment, Company will provide a cancellation method within the Application that is at least as easy to use as the method by which you subscribed. Cancellation takes effect at the end of the thencurrent billing period. You will retain access to subscription benefits through the end of that period, and you will not be charged for a further period unless you re-subscribe.

(d) Price Changes. Company may change the price of a subscription. Company will provide you with notice of a price change before it takes effect, through the Application, by email, or as required by applicable law, and the changed price will apply only to billing periods beginning after that notice. If you do not agree to a price change, you must cancel before it takes effect; your continued subscription after the effective date constitutes your acceptance of the new price.

(e) Free Trials and Introductory Offers. If a subscription is offered with a free trial or introductory price, the Offer Details will disclose the trial or introductory period, what happens when it ends, and how to cancel before you are charged. Unless you cancel before the trial or introductory period ends, your subscription will convert to a paid subscription at the standard price and renew as described in this Section 4.3.

4.4 Refunds. Except as required by applicable law, as expressly stated in the Offer Details, or as provided in Section 4.10 (purchases by users ages 13-17), all payments are nonrefundable, and Company does not provide refunds or credits for partial subscription periods, unused Virtual Items, or unused Paid Plan benefits. For any purchase made through In-App Purchase, refunds are handled through the applicable app store's or platform's refund process and are governed by that store's or platform's policies and timelines; you must request such refunds through that store or platform, and Company does not separately control the granting or timing of those refunds. For any purchase made through Direct Payment, you may request a refund through a refund-request method Company makes available within the Application, that will be at least as easy to use as the method by which you made the purchase, or by contacting Company at support@circle.net.

4.5 One-Time Purchases. One-time purchases are charged in full at the time of purchase and do not renew. Except as required by applicable law, as expressly stated in the Offer Details, or as provided in Section 4.10, one-time purchases are final once the associated features or Virtual Items have been made available to your Account.

4.6 Virtual Items.

(a) Definition. The Application uses virtual, limited-use digital items – including, without limitation, application credits marketed under names such as "Swipe" and "Blast" (collectively, "Virtual Items") – that allow you to access or consume certain features, such as submitting or automating job applications. Virtual Items may be granted to you at no charge (for example, on sign-up or as a promotional reward), earned through activity within the Application, issued to you as a return or adjustment, or purchased as part of a Paid Plan.

(b) License Only; No Monetary Value; Not a Financial Instrument. Virtual Items are licensed, not sold, to you, and represent a limited license to access features of the Application. Virtual Items have no monetary value; are not money, currency, credit, or legal tender; do not constitute a gift card, gift certificate, stored-value card, prepaid access, or any other financial or payment instrument under the law of any jurisdiction; and cannot be redeemed, refunded for cash, exchanged, transferred, sold, assigned, or cashed out for money or anything of monetary value, except where required by applicable law. You have no ownership or other proprietary interest in any Virtual Items, and a balance of Virtual Items is not personal property.

(c) Expiration, Caps, and Consumption Rules. Virtual Items may be subject to expiration dates, balance caps, refill rules, and consumption-priority rules that govern the order in which different types of Virtual Items are applied. These rules are disclosed in the Offer Details or other in-app disclosures, may differ depending on whether a Virtual Item was granted at no charge, earned, issued as a return, or purchased, and may be applied automatically by the Application.

(d) Failed Applications. Where the Application is unable to complete a job application submitted using a Virtual Item – for example, because of a failed or duplicate submission, a job posting that closed before submission, or an error in the application process – Company will return a Virtual Item to your Account for future use as described in the Offer Details. Except as required by applicable law or as provided in Section 4.10, such a return is your sole and exclusive remedy for a failed application and a failed application does not entitle you to a cash refund except as provided in Section 4.10 for users ages 13-17.

(e) Changes and Forfeiture. Company may, in its discretion, manage, regulate, modify, suspend, or eliminate Virtual Items, and may adjust expiration rules, caps, and consumption logic, in each case prospectively. Unused Virtual Items are forfeited when your Account is terminated or deleted in accordance with Section 1.3, and Company will have no liability to you for any such forfeiture, except as required by applicable law.

4.7 Promotions, Referrals, and Free Credits. Company may from time to time offer free Virtual Items, promotional pricing, referral rewards, or other promotional benefits, subject to additional terms disclosed at the time of the offer. Company may modify or discontinue any promotion at any time. Company may condition referral rewards on verification requirements (for example, that a referred user signs up with a unique, valid, non-VoIP telephone number) and may withhold, revoke, or reverse rewards or Virtual Items it reasonably believes were obtained through fraud, abuse, automation, or violation of these Terms.

4.8 Payment Processors and App Stores. Payments may be processed by third parties, including the app store or platform from which you obtained the Application and any payment processor engaged by Company. Your purchase may also be subject to the terms and policies of that app store, platform, or processor, and where those terms govern payment, billing, or refunds, they apply to those matters in addition to these Terms. Company is not responsible for the acts or omissions of any third-party app store, platform, or payment processor.

4.9 Taxes. You are responsible for all sales, use, value-added, and similar taxes arising from your purchase of a Paid Plan or Virtual Items, other than taxes based on Company's net income.

4.10 Purchases by Users Ages 13-17. Users ages 13-17 may purchase Paid Plans and Virtual Items only through In-App Purchase, as stated in Section 4.2. If you are a user age 13-17, or the parent or legal guardian of such a user, you may request a refund of a purchase made on the Account – including a refund of Virtual Items that have already been consumed – through the refund process of the applicable app store or platform. Company will not contest a refund request made through that process by or on behalf of a user age 13-17. This commitment is in addition to, and does not limit, any right of a minor or their parent or legal guardian under applicable law, including any right to disaffirm a transaction. Honoring a refund does not limit Company's rights under Section 4.13, including the right to decline future purchases or to suspend or terminate an Account in cases of fraud or abuse. The parent or legal guardian who consents to and supervises the Account under Section 1.1(b) is responsible for all activity on the Account, including all purchases, and is treated as agreeing to this Section 4 on the minor's behalf.

4.11 Non-Payment. If any charge fails, is reversed, or is charged back, or if your account with the applicable app store, platform, or payment processor becomes delinquent, Company may suspend or revoke access to the corresponding Paid Plan features and Virtual Items, without liability and without waiving any other remedy available to it.

4.12 Mandatory Consumer Rights Prevail. Notwithstanding any other provision of this Section 4 or these Terms, nothing in these Terms waives, limits, or disclaims any right or remedy that applicable law in your jurisdiction provides to you and does not permit to be waived, limited, or disclaimed, including any non-waivable cancellation or refund right, any non-waivable automatic-renewal protection, and any non-waivable consumer-protection right. To the extent any provision of these Terms conflicts with such a non-waivable right, that right prevails, and the conflicting provision is modified only to the minimum extent necessary to give effect to that right, with the remainder of these Terms unaffected.

4.13 Fraud and Abuse. Company may suspend, restrict, or terminate your Account, decline or limit future purchases, revoke promotional or free Virtual Items, and take other reasonable measures where it identifies fraud, abuse, or a pattern of conduct it reasonably believes is intended to misuse refunds, Virtual Items, promotions, or other features – including repeated purchase-and-refund cycles, chargeback abuse, or circumvention of these Terms. Company will apply such measures reasonably and consistent with applicable law, and nothing in this Section limits any non-waivable right or remedy you may have under applicable law.

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Application, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, (d) your User Content, (e) any inaccuracies, omissions, or misrepresentations in AI Apply outputs submitted on your behalf, (f) any failures, delays, or errors in the transmission of applications or communications to Employers, or (g) your User-Posted Content and any transaction between you and another user, including any sale of an item or offering of work. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

6.1 Third-Party Links & Ads. The Application may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

6.2 Other Users. Each Application user is solely responsible for any and all of its own User Content. Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Content. Your interactions with other Application users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Application user, we are under no obligation to become involved.

6.3 Release. You hereby release and forever discharge Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Application (including any interactions with, or act or omission of, other Application users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

7.1 General. THE APPLICATION IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE APPLICATION (INCLUDING ANY AI-POWERED FEATURES) WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR BE ACCURATE, RELIABLE, COMPLETE, LEGAL, VIRUS-FREE, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE APPLICATION, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

7.2 AI-Generated Content. While Company strives to represent your background and experience accurately, all AI-generated job applications, resumes, responses, assessments, or other materials are provided “as-is” and may contain errors, omissions, or inaccuracies. You acknowledge and agree that: (a) Employers may rely on, reject, or disregard AI-generated content at their sole discretion; (b) You are solely responsible for reviewing and ensuring the accuracy and completeness of all information submitted on your behalf; and (c) Company shall not be liable for any consequences, losses, or damages arising from or relating to AI-generated responses, including but not limited to employer hiring decisions, eligibility determinations, onboarding processes, or denial of benefits.

7.3 Employment Eligibility Disclaimer. Company does not guarantee that you are legally eligible to work in any role. Employment eligibility may depend on factors including, but not limited to, age, work authorization, immigration status, visa or permit requirements, and compliance with federal, state, or local labor laws. If you are under 18, certain jobs may be restricted under applicable child labor laws (including limits on work hours and job categories). Company does not verify your employment eligibility, work authorization, or immigration status. You are solely responsible for ensuring that you meet all legal requirements for employment, including maintaining valid work authorization, when applying for jobs through the Application.

7.4 No Guarantee of Employment. Company makes no representation, warranty, or guarantee, express or implied, that your use of the Application, including AI Apply or related features, will result in an interview, job offer, or employment of any kind. All hiring decisions rest exclusively with the employer. If you are a minor (age between 13 and 17), you acknowledge that certain jobs may be legally unavailable to you due to age restrictions, and Company has no responsibility for verifying your eligibility.

7.5 Transmission and Service Limitations. Company cannot guarantee the successful generation, submission, delivery, receipt, review, or relaying of any application or communication (including follow-up requests, interview scheduling, or offers) transmitted through the Application or AI Apply. You expressly acknowledge and accept that such limitations may arise from automated processes, inherent system constraints, third-party ATS integrations, Employer systems, or Company’s own technical, operational, or capacity-related limitations. By using the Application, you assume full responsibility for these risks, including any effect on application status, interviews, job offers, or employment outcomes. Company disclaims liability for missed updates, delayed responses, failures to transmit, or other issues that are beyond what is reasonably within its control.

7.6 Jurisdictional Exceptions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7.7 Paid Plans and Virtual Items. Purchasing a Paid Plan or Virtual Items does not change the "as-is" and "as-available" nature of the Application and does not guarantee any particular result, including any number of job applications generated or submitted, any response from an employer, any interview, or any job offer. The disclaimers in this Section 7 and the limitations in Section 8 apply fully to Paid Plans, Virtual Items, and all paid features. Nothing in this Section limits any non-waivable right or remedy you may have under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE APPLICATION, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE APPLICATION (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO COMPANY, IF ANY, IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED US DOLLARS (US$100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS. NOTHING IN THIS SECTION LIMITS OR EXCLUDES LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS THEIR LIMITATION OR EXCLUSION.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Subject to this Section, these Terms will remain in full force and effect while you use the Application. We may suspend or terminate your rights to use the Application (including your Account) at any time for any reason at our sole discretion, including for any use of the Application in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Application will terminate immediately. Termination of your Account will be handled in accordance with Section 1.3. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.3, 2.2 through 2.6, Section 3, Section 4, and Sections 5 through 11. The effect of termination or deletion on fees paid, Paid Plan benefits, and Virtual Items is described in Sections 1.3(e) and 4.6(e).

Company respects the intellectual property of others and asks that users of our Application do the same. In connection with our Application, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Application who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Application, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

1. your physical or electronic signature;

2. identification of the copyrighted work(s) that you claim to have been infringed;

3. identification of the material on our Application that you claim is infringing and that you request us to remove;

4. sufficient information to permit us to locate such material;

5. your address, telephone number, and email address;

6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for Company is: LegalForce RAPC Worldwide, P.C.

Designated Agent: Kathryn Yoches

Address of Agent: 446 E Southern Ave, Tempe, Arizona 85282 United States

Telephone: 650-965-8731

Fax: 650 989-2131

11.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our Application. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Application following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

11.2 Dispute Resolution and Arbitration Agreement. You and Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Application (each, a “Dispute”) shall be resolved exclusively by binding arbitration, rather than in court, except as provided below. This Arbitration Agreement is intended to be interpreted broadly.

(a) Scope and Survival. This Arbitration Agreement applies to all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when such Dispute arose (including disputes that arose before you accepted these Terms, under any prior version of these Terms, or after termination of your account). This Arbitration Agreement shall survive the expiration or termination of these Terms. Nothing in this section prevents you from bringing issues to the attention of federal, state, or local agencies, which may seek relief on your behalf if permitted by law.

(b) Exemptions. This Arbitration Agreement does not require arbitration of: (1) individual claims brought in small claims court, if permitted by that court’s rules; (2) claims seeking injunctive or other equitable relief in a court of law relating to intellectual property rights, including unauthorized use of Company’s trademarks, trade dress, domain names, or trade secrets; or (3) disputes that cannot legally be arbitrated under applicable law.

(c) Individual Basis Only. YOU AND COMPANY AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR COLLECTIVE ACTION. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

(d) Arbitration Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. You and Company agree that either party shall have the right to resolve any Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, email address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) (if applicable) a statement certifying completion of any informal dispute resolution process required by these Terms; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Unless you and Company otherwise agree, or the Batch Arbitration process discussed in Subsection 11.2(i) is triggered, the arbitration will be conducted in the county where you reside. Subject to the JAMS Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules.

You and Company agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

Notwithstanding anything to the contrary in these Terms or the applicable JAMS Rules, if you are an individual using the Application for personal, household, or employment purposes, arbitration will be conducted in accordance with the JAMS Consumer Minimum Standards. Your responsibility for arbitration filing, administrative, and arbitrator fees will be limited to the amount you would pay to file a claim in court (currently capped at $250 or such lower amount as may be prescribed by applicable law or JAMS rules), and Company will bear all remaining costs.

(e) Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class or Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class or Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration”. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

(f) Waiver of Jury Trial. EXCEPT AS SPECIFIED IN SUBSECTION 11.2(b) YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all covered claims and disputes shall be resolved exclusively by arbitration under this Arbitration Agreement, except as specified in the Subsection 11.2(b) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

(g) Waiver of Class or Other Non-Individualized Relief. YOU AND COMPANY AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 11.2(i) EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class or Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Company agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of New York. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Company from participating in a class-wide settlement of claims.

(h) Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Company need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

(i) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Company agree that in the event that there are 100 or more individual Requests of a substantially similar nature filed against Company by or with the assistance of the same law firm, group of law firms, or organizations, within a 30-day period (or as soon as possible thereafter), the JAMS shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the JAMS, and the JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Company.

You and Company agree to cooperate in good faith with the JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

(j) 30-Day Right to Opt-Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: 1460 Broadway, New York, New York 10036, or by emailing to support@circle.net, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us or may enter into in the future with us.

(k) Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Company as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statutes of limitations for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitations will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

(l) Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing Company at the following address: 1460 Broadway, New York, New York 10036, or by emailing to support@circle.net. Unless you reject the change within 30 days of such change becoming effective by writing to Company in accordance with the foregoing, your continued use of the Application, following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Application, any communications you receive, any products sold or distributed through the Application, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Company will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.

11.3 Export. The Application may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

11.4 Disclosures. Company is located at the address in Section 11.10. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

11.5 Electronic Communications. The communications between you and Company use electronic means, whether you use the Application or send us emails, or whether Company posts notices on the Application or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

11.6 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Application. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees. Your use of the Application is also subject to our Privacy Policy and, for users ages 13-17, our Information for Users Ages 13-17 (Minor User Guidelines), each found at www.circle.net and www.circlejobs.com, which explain how we collect, use, and protect your personal information and outline your rights.

11.7 Copyright/Trademark Information. Copyright © 2023-present Circle Global, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Application are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

11.8 Governing Law. These Terms, and any Dispute arising out of or relating to these Terms or the Application, are governed by the laws of the State of New York, without regard to its conflict-of-laws principles, except that (a) the Federal Arbitration Act governs Section 11.2 (Dispute Resolution and Arbitration Agreement) as provided in that Section, and (b) nothing in this Section overrides any mandatory consumer-protection or other non-waivable right or remedy available to you under the law of your home jurisdiction, consistent with Sections 4.12 and 11.9 (Regional Variations and Country Access).

11.9 Regional Variations and Country Access. The Application is available to users globally, subject to the Company’s discretion to determine in which countries or regions the Application may be offered or supported. The Company may restrict, suspend, or terminate access in certain jurisdictions at any time, without liability, in order to comply with applicable law, regulatory requirements, or business considerations.

Certain provisions of this Agreement may not apply to you depending on your location, and your use of the Application must comply with the laws of your jurisdiction.

If you are a resident of the European Economic Area (EEA), the United Kingdom, or other regions with specific privacy or consumer protection laws (including Asia-Pacific jurisdictions and certain U.S. states with comprehensive privacy laws), additional statutory rights and protections may apply under applicable law. For example, under the General Data Protection Regulation (“GDPR”), EEA and UK residents have rights including: (i) access, correction, and deletion of personal data; (ii) restriction or objection to certain processing; (iii) data portability; and (iv) the right to lodge complaints with supervisory authorities.

These and other rights are described in our Privacy Policy. In the event of a conflict between this Agreement and mandatory rights under applicable law in your jurisdiction, those mandatory rights shall prevail.

11.10 Contact Information. For general inquiries, you may contact us online at support@circle.net. For legal notices or service of process, you may write us at the address below:

Circle Global, Inc.

1460 Broadway, New York, NY 10036 United States

[Information for Users Ages 13-17]