Instawork Terms of Use (12/1/2016)

In effect December 1, 2016

We’re Instawork, and we’ve created an online and mobile service that directly connects people looking for jobs to businesses that are hiring. These Terms of Use (our “Terms,” including our Privacy Policy) apply to everyone who uses our website, mobile application and any of our services (collectively, our “Services”).

If you use any of our Services, then you agree to be bound by these Terms. If you don’t want to be bound by these Terms, then you cannot use our Services.

“We,” “us,” “our” and “Instawork” all refer to Garuda Labs, Inc., doing business as Instawork. These words also include any independent contractors or vendors who sometimes do work for us. “You” and “your” refer to anyone who uses our Services. These words also refer to either an “Applicant” (a person applying for jobs through our platform) or a “Business” (a business using our platform to try to fill a position) or both, depending on context.

We may update these Terms from time to time. Any changes will be binding on you once the updates have been posted to our website and you continue using our Services.

We’ve divided these Terms into sections so that you can more easily see which terms apply to everyone who uses our Services and which terms apply specifically to Applicants or Businesses.

First, a few words about what we are and what we are not.

What we are:
We’ve created a technology platform or marketplace that connects people looking for jobs to businesses that have them. The platform enables Applicants to communicate their contact information, work experience and reference information directly to prospective employers, in a format that these employers understand. It also enables Businesses to communicate the jobs they have and the hiring criteria they are using. The platform also enables Applicants to directly connect the people who will be their professional references to Businesses. As an Applicant, you choose your references (we call them “Vouchers”) and you can see what they say about you (and delete any comments you don’t agree with). Once you’ve done work for a Business, that Business can leave feedback that’s visible to you and other prospective employers. If you don’t agree with the feedback, you can delete it. Our platform strives to make the information given to us by Applicants (and their references) and Businesses available in the most relevant and efficient way, so that Applicants can find the jobs they want and Businesses can find the employees they need.

What we are not:
We are not a job agency or a recruiting service. We don’t hire anyone directly for the Businesses that use our Services, and we don’t interview Applicants or conduct background checks or interviews. Applicants present their credentials and their references themselves, and Businesses make all of the hiring decisions on their own, without our input.

General Terms Applicable to Everyone

You acknowledge that Instawork does not and cannot control the behavior of Applicants or Businesses. We do our best to make sure that all users of our Services comply with these Terms, but we aren’t responsible if they don’t.

Instawork is a communications platform and we do not edit the communications that flow through us. As a result, we aren’t responsible for their accuracy. We sometimes reformat the communications, and if we make a mistake reformatting, we are responsible for that.

Our Right to Terminate Your Use
We can terminate your use of our Services at any time if we deem you to be in breach of these Terms.

Prohibited Uses
In the sections applicable to Applicants and Businesses we’ve told you the limited ways in which you can use our Services. Just to make that a little clearer, you can’t use our Services in any way not permitted in those sections. Use of our Services in the following ways is prohibited (this is not a complete list, but it will give you an idea of the sorts of things that are not allowed):

  • Providing any content to us for posting that violates any laws, infringes the rights (including the intellectual property rights) of others, is defamatory or otherwise creates liability for us;
  • Copying our Services or using our Services to enable any service that is competitive with us;
  • Posting links to any third-party websites through our Services;
  • Scraping, scanning or otherwise using our Service or any information or the meta-data associated therewith to collect or compile data about Applicants or Businesses;
  • Reselling any information obtained from us or while using our Service
  • Attempting to compromise the integrity or security of the Services in any way;
  • Accessing the Services using any automated processes (such as robots, spiders, etc.) for any reason; or
  • Harassing, defaming or discriminating against anyone or any entity for any reason.

Truth
One important rule is that you cannot misrepresent yourself in any way on our Service, whether you are an Applicant or a Business. You must use your real name and all the information you give us must be truthful and honest at all times. We don’t verify the accuracy of any information submitted to our Services, and thus we can’t guarantee the identity of the users you are communicating with. Any information transmitted through us is the sole responsibility of the user from which the content originated and we aren’t liable for omissions in content or errors. We also don’t guarantee the authenticity of the data which users provide about themselves or relationships they may describe. In the course of using our Services, you will provide information about you or your business. By using our Services, you grant us the irrevocable rights to use this information in the course of offering our Services and running our business on a royalty-free, perpetual basis. If you see any information about you that is inaccurate, you must report it to us here support@instawork.com and if it’s wrong we’ll correct it.

Fair Credit Reporting Act Information

Aspects of our Services may be subject to a set of laws known as the Fair Credit Reporting Act (“FCRA”). You can read the full text of the law and get more information about it on the Federal Trade Commission’s website (www.ftc.gov).
The FCRA gives Applicants some rights and creates some obligations for Businesses. Our description of the rights and obligations isn’t exhaustive and isn’t legal advice, so you should consult an attorney to better understand these rights and obligations.
The obligations of Businesses who use our Services and what they must communicate to Applicants are described toward the end of these Terms.

Limitation of Liability
You agree that our liability to you for any direct damages will not exceed the actual amount of money received by us from you during the twelve months preceding the date of your claim against us. You agree that neither we nor any of our partners, agents, affiliates, representatives, employees, third party providers or content providers shall be liable to you or any third party for any form of indirect, incidental, special or consequential damages arising out of or related to the use of our Services, including but not limited to the results of your use of the Services however arising, whether for breach or in tort, even if we were informed of the possibility of such damages.

Indemnification
You agree to defend, indemnify and hold harmless us and our partners, agents, affiliates, representatives, employees third party providers and content providers from and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, that arise out of or in connection with your use of the Services or breach of these Terms.

Disclaimer of Warranty
Except where expressly provided otherwise, our website and all content, materials, information, products and services provided on this site or through our app are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non- infringement. We make no warranty that: (a) our Services will meet your requirements; (b) our Services will be available on an uninterrupted, timely, secure or error-free basis; (c) the results that may be obtained from the use of the Services will be accurate or reliable; or (d) the quality of any Services or information or other material purchased or obtained by you from us will meet your expectations.

Communication and Activity on our Platform

In order to provide our Services, we may need to communicate with you via email, short message service or text message (the “Alert Service”) or through notifications in our mobile app (“Communications”). By using our website and Services, you agree to receive Communications necessary for the normal functioning of our Services. We can’t guarantee the accuracy, quality or integrity of information exchanged by users or references (or “vouchers”). We have the right to monitor all content and information exchanged through our platform, however we do not have any obligation to do so.

We are not liable for any content, delays, errors, omissions, loss or damage incurred as a result of usage of our Services. Under no circumstances will we be liable for denial of access to any content in our Services. We aren’t responsible for incomplete, lost, late, undelivered or misdirected messages.

You warrant that you are authorized to (a) enroll your designated mobile phone number in the Alert Service; and (b) incur any mobile message or data charges that may be incurred by participating in the Alert Service. By signing up for our Alert Service, you consent to these terms and to receive text messages from us. You are responsible for managing the types of texts you receive.

By subscribing to our Alert Service, you agree to accept and receive communications via text message to your mobile device at the number you provided to us. To stop messages, reply STOP to any text message you receive from us. It may take a few days for us to process your request. If for any reason you continue getting text messages or need additional help, please email our support team at support@instawork.com.

By participating in the Alert Service, you approve and acknowledge that you are responsible for any charges from your mobile carrier. You acknowledge and agree that the Alert Service and general communications may be provided in some cases through automatic telephone dialing technology, an artificial voice or a pre-recorded voice. By providing us your telephone number, you consent to receive the Alert Service through automatic dialing technology, artificial and pre-recorded voice. You agree to receive notifications from us, potential employers, applicants, our representatives, employees and agents through any means authorized under these Terms, including phone calls and text messages that use automatic dialing technology, artificial voice or pre-recorded voice or live person.

Intellectual Property Rights
We retain all rights in the Services except as granted herein. We always appreciate suggestions for enhancements and new features and functionality in our Services (“Ideas”), but if you communicate those Ideas to us in any way, you hereby give ownership of those Ideas to us completely and we can do what we like with them without owing you anything. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from any content you post.

Notice of Any Claimed Copyright Infringement (Digital Millennium Copyright Act Information) We respect the intellectual property of others. If you think any content posted on our website or through our Services infringes your rights, please contact us at: Instawork, 500 3 rd Street #525, San Francisco, CA 94107, Attention: Copyright Agent.
Please send the following information:

  • A description of the copyrighted work that you claim has been infringed, including where on any of our platforms the material is located. Include enough information to allow us to locate the material, and explain why you think an infringement has taken place;
  • A description of the location where the original or an authorized copy of the copyrighted material exists (for example, the URL where it is posted);
  • Your address, telephone number and email address;
  • A 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;
  • A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Disputes, Governing Law and Venue
These Terms and your use of the Services will be governed by the law of the State of California, without regard to the conflict of laws provisions thereof. You agree that any dispute between you and us with respect to ownership of intellectual property will be finally settled in state or federal court in San Francisco, California. You agree that any and all other disputes we may have will be finally settled by arbitration, as detailed below.

Arbitration
You and we agree that any legal disputes or claims arising out of or related to these Terms (including but not limited to all uses of our Services, or the interpretation, enforceability, revocability, or validity of the Terms, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Services are performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by you and us. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Terms or our Service must be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective or class proceeding.
You acknowledge and agree that you and we are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Confidentiality
You recognize and acknowledge that, by virtue of using our Services, you may have access to certain information of the others that is confidential and constitutes valuable, special and unique property of another party. The parties agree that they will not at any time disclose to others or use, copy or permit to be copied, without the other party’s express prior written consent, except pursuant to their respective duties hereunder, any confidential or proprietary information of the other party, including, but not limited to, information about the identity of Applicants or their qualifications or other characteristics.

Miscellaneous Terms
If any provision in these Terms is found to be unenforceable, you agree that that provision will be eliminated or modified in the least disruptive way to preserve the intent of that provision and so that all the other Terms remain enforceable. Our failure to enforce any of these Terms does not mean we waive the right to enforce them. These Terms apply unless we have entered into a different, written agreement with you that specifically says these Terms do not apply. You agree not to share your account or account information (such as user name and password) with anyone. You also agree to the additional terms at the end of this document applicable to iOS and Android versions of our mobile application. We may, from time to time, assign or transfer all or a portion of our assets to one or more third parties, and you agree to continue to be bound by these Terms, so long as the successor or assignee agrees to abide by its obligations under these Terms.

Terms for Applicants

If you are an Applicant, we grant you the limited right to use our Services provided that you are in compliance with all of the Terms. You may use the Services solely to look for jobs and connect with the Businesses who have posted available jobs through us. All other use is prohibited. In order to use our Services you must be legally eligible to work in the U.S. and at least 18 years old.

By Using Our Services, You are Sharing Information with Potential Employers To use our Services, you agree to give us some truthful information about yourself and references (or “vouchers”) for you, as well as the right to use this information. When you give us information, you are also sharing it directly with Businesses that have jobs you might be interested in. We ask you for information so that Businesses with relevant jobs can connect with you. We ask for contact information (name, email address, phone number) so that Businesses can get in touch with you about jobs that they offer on our platform. We ask for you address so that our platform can show you jobs that are closer to you. We ask for your resume (and any cover text) so that our platform can show you jobs that are the best matches for your experience and wishes. We reformat your resume so that prospective employers can digest the information about you more easily. We also ask you for your references/vouchers and their contact information (see below). In the future, we’ll probably add features that will ask you for more information about yourself. You can always choose not to give us that information and thus not to use those features. If any information about you is inaccurate, please let us know at support@instawork.com and we will correct it.

References/Vouchers
Once you’ve signed up, we ask that you supply the names and phone numbers of people who are references or “vouchers” for you. When you do this, you trigger the sending of a message to your references requesting that they say a little bit about you. You agree that you’ve gotten their agreement to be a reference and to receive a text message or other communication requesting the reference. Once they’ve supplied a reference, they also get a text asking for their email address in case there are any follow-up questions. You will be able to see what your vouchers say about you on your profile and you can delete anything said about you if disagree with it or don’t like it.

Other Information About You Shared with Businesses
You agree that we and the Businesses that use our Services can share a little bit more information about you on your profile that is visible to you and other Businesses, including but not limited to the following:

  • If you schedule an interview with a Business and don’t appear for the interview, the Business can note that on your profile that is visible to you and other Businesses;
  • If you interview and a Business likes you, they can note that on your profile that is visible to you and other Businesses; and
  • If you respond quickly to interview requests we will automatically note that on your profile, and if you respond slowly to interview requests, we will automatically note that on your profile.
If you disagree with any of this information that is included on your profile, you can email us at support@instawork.com and we’ll correct it if it’s wro ng.

Terms for Businesses

If you are a business, we grant you the limited right to use our Services provided that you are in compliance with all of the Terms. You may use the Services solely to try to fill open job positions listed through our Services with Applicants connected to you by our Services. All other use is prohibited.

Use of Our Services
You agree that you won’t use the Services in any way that would violate any laws, infringe any rights of others (including intellectual property rights) or create liability for us. You also agree that you won’t collect or compile data on Applicants using our Services except for the specific purpose of filling a job you list using our Services. To use our Services, you agree to give us some truthful information about your business and the jobs you have available as well as the right to use that information to provide Services to you and make our Services available to Applicant. You agree that all information you post about your organization, any jobs, any Applicants or any other information is truthful.

Job Posting
You authorize us to charge your account for the job posting fees in effect when you post a job. Fees are in US dollars and you are responsible for any tax on those fees. To the extent permitted by law, fees are non-refundable.

Account Control
You agree to share your account information only with your employees or representatives who are authorized to use our Services on your behalf. You agree that all activity on the Services using your account is being conducted by someone duly authorized by you to do so.

Compliance with Laws
You agree to comply with all applicable laws relating to your use of our Services, including laws pertaining to non-discrimination and equal opportunity, as well as compliance with the FCRA. More details about FCRA compliance and your obligations to Applicants as an employer or prospective employer are immediately below:

FCRA Compliance
You warrant that you comply with all obligations imposed upon an employer by the FCRA and/or similar state and local laws, rules, codes, statutes and regulations. You certify to us that you are using all information obtained through our Services only for permissible purposes, as defined in the FCRA, and for no other purpose. You further represent and warrant that you will make all legally-required disclosures to, and obtain written authorization from, the subject of any credentialing verification that permits you to obtain and verify from an Applicant’s designated business and professional references such information about the Applicant’s background, qualifications, prior employment and other information for employment as you deem necessary. As a Business, you are deemed to be a user of a “consumer report” when you access reference information about an Applicant using our Services. We are providing the following notice to you:

Notice to Users of Consumer Reports:

Obligations of Users Under the FCRA

  1. Users Must Have a Permissible Purpose
  2. The United States Congress has limited the use of consumer reports to protect consumers’ privacy (“consumer” in this context includes employees or potential employees). All users must have a permissible purpose under the FCRA to obtain a consumer report. Section 604 of the FCRA contains a list of the permissible purposes under the law. These include, but are not limited to:
    1. As ordered by a court or a federal grand jury subpoena. Section 604(a)(1);
    2. As instructed by the consumer in writing. Section 604(a)(2);
    3. For employment purposes, including hiring and promotion decisions, where the consumer has given written permission. Sections 604(a)(3)(B) and Section 604(b)2;
    4. When there is a legitimate business need, in connection with a business transaction that is initiated by the consumer. Section 604(a)(F)(i);
    5. To determine a consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant’s financial responsibility or status. Section 604(a)(3)(D);
    6. For use by state and local officials in connection with the determination of child support payments, or modifications and enforcement thereof. Sections 604(a)(4) and 604(a)(5).

  3. Users Must Provide Certifications
  4. Section 604(f) prohibits any person from obtaining a consumer report from a consumer reporting agency (“CRA”) unless the person or entity has certified to the CRA the permissible purpose(s) for which the report is being obtained and certifies that the report will not be used for any other purpose.

  5. Users Must Notify Consumers When Adverse Actions Are Taken
  6. The term “adverse action” is defined very broadly by Section 603 of the FCRA. “Adverse actions” include all business, credit, and employment actions affecting consumers that can be considered to have a negative impact as defined by Section 603(k) of the FCRA – such as denying or canceling credit or insurance, or denying employment or promotion.

    Required Notice When Adverse Action Taken Based on Information Obtained from a CRA
    If a user takes any type of adverse action as defined by the FCRA that is based at least in part on information contained in a consumer report, Section 615(a) requires the user to notify the consumer. The notification may be done in writing, orally, or by electronic means. It must include the following:
    1. The name, address and telephone number of the CRA (including a toll-free telephone number, if it is a nationwide CRA) that provided the report;
    2. A statement that the CRA did not make the adverse decision and is not able to explain why the decision was made;
    3. A statement setting forth the consumer’s right to obtain a free disclosure of the consumer’s file from the CRA if the consumer makes a request within 60 days; and
    4. A statement setting forth the consumer’s right to dispute directly with the CRA the accuracy or completeness of any information provided by the CRA.

  7. Disposing of Records
  8. Section 628 requires that all users of consumer report information have in place procedures to properly dispose of records containing this information. The Federal Trade Commission, the Securities and Exchange Commission, and the banking and credit union regulators have issued regulations covering disposal. The Federal Trade Commission’s regulations may be found at www.ftc.gov/credit.

  9. Obligations When Reports Used for Employment Purposes
  10. If information from a CRA is used for employment purposes, the user has specific duties, which are set forth in Section 604(b) of the FCRA. The user must:
    1. Make a clear and conspicuous written disclosure to the consumer before the report is obtained, in a document that consists solely of the disclosure, that a consumer report may be obtained;
    2. Obtain from the consumer prior written authorization. Authorization to access reports during the term of employment may be obtained at the time of employment;
    3. Certify to the CRA that the above steps have been followed, that the information being obtained will not be used in violation of any federal or state equal opportunity law or regulation, and that, if any adverse action is to be taken based on the consumer report, a copy of the report and a summary of the report and a summary of the consumer’s rights will be provided to the consumer; and
    4. Before taking an adverse action, the user must provide a copy of the report to the consumer as well as the summary of consumer’s rights. (The user should receive this summary from the CRA.) A Section 615(a) adverse action notice should be sent after the adverse action is taken. An adverse action notice is also required in employment situations if credit information (other than transactions and experience data) obtained from an affiliate is used to deny employment. Section 615(b)(2).


  11. Obligations when Investigative Consumer Reports are used
  12. Investigative consumer reports are a special type of consumer report in which information about a consumer’s character, general reputation, personal characteristics, and mode of living is obtained through personal interviews by an entity or person that is a consumer reporting agency. Consumers who are the subjects of such reports are given special rights under the FCRA. If a user intends to obtain an investigative consumer report, Section 606 requires the following:


    1. The user must disclose to the consumer that an investigative consumer report may be obtained. This must be done in a written disclosure that is mailed, or otherwise delivered, to the consumer at some time before or not later than three days after the date on which the report was first requested. The disclosure must include a statement informing the consumer of his or her right to request additional disclosures of the nature and scope of the investigation as described below, and the summary of consumer rights required by Section 609 of the FCRA. (The summary of consumer rights will be provided by the CRA that conducts the investigation);
    2. The user must certify to the CRA that the disclosures set forth above have been made and that the user will make the disclosure described below; and
    3. Upon the written request of a consumer made within a reasonable period of time after the disclosures required above, the user must make a complete disclosure of the nature and scope of the investigation. This must be made in a written statement that is mailed, or otherwise delivered, to the consumer no later than five days after the date on which the request was received from the consumer or the report was first requested, whichever is later in time.


  13. Special Procedures for Employee Investigations
  14. Section 603(x) provides special procedures for investigations of suspected misconduct by an employee or for compliance with Federal, state or local laws and regulations or the rules of a self-regulatory organization, and compliance with written policies of the employer. These investigations are not treated as consumer reports so long as the employer or its agent complies with the procedures set forth in Section 603(x), and a summary describing the nature and scope of the inquiry is made to the employee if an adverse action is taken based on the investigation.


  15. Liability for Violations of the FCRA
  16. Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits (see Sections 616, 617, and 621.) In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution (See Section 619.) The FTC’s Web site, www.ftc.gov/credit, has more information about the FCRA, including publications for businesses and the full text of the FCRA.




Additional terms for users of our Services via an iOS app or Android app may be found in the respective versions of our Services and are made part of these Terms if applicable.



In effect December 1, 2016





Terms applicable to use of the iOS version of our mobile application:

  1. Acknowledgement: You and we acknowledge that the Terms are concluded between us and our users only, and not with Apple, and we, not Apple, are solely responsible for the Services and the content thereof.


  2. Scope of License: The license granted to you for the Services is limited to a non-transferable license to use the Services on any Apple device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.


  3. Maintenance and Support: We are solely responsible for providing any maintenance and support services with respect to the Services, as specified in the Terms, or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.


  4. Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund any purchase price charged for downloading the iOS app; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.


  5. Product Claims: You and we acknowledge that we, not Apple, are responsible for addressing any claims of the end-user or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The Terms do not limit our liability to you beyond what is permitted by applicable law.


  6. Intellectual Property Rights: You and we acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.


  7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.


  8. Developer Name and Address: All of your questions, complaints or claims with respect to the Licensed Application should be directed to support@instawork.com.


  9. Third Party Beneficiary: You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.