1. Introduction and Acceptance
Welcome to JAYOBE. These Terms of Service (the "Terms") constitute a legally binding agreement between you and JAYOBE, Inc., a Delaware corporation ("JAYOBE," "we," "us," or "our"), governing your access to and use of the JAYOBE platform located at jayobe.io, the JAYOBE web application, and any related services, features, content, or functionality made available by JAYOBE (collectively, the "Platform").
These Terms apply to all visitors, registered users, Employers, and Job Seekers who access the Platform. Specific additional terms apply to Employers and to Job Seekers, set forth in Section 9 and Section 10 respectively. JAYOBE will present the applicable Employer or Job Seeker Terms to you in the account creation flow specific to your selected user type, and your acceptance of these Terms at account creation includes acceptance of the provisions applicable to your selected user type.
By creating an account, accessing the Platform, or using any of its features, you accept and agree to be bound by these Terms in their entirety. If you do not agree, you must not access or use the Platform. If you are accepting these Terms on behalf of a business entity, you represent and warrant that you are authorized to bind that entity, and "you" refers to both you individually and the entity you represent.
Account
A registered user account on the Platform, whether of the Employer type or the Job Seeker type.
Applicable Law
All applicable federal, state, and local laws, rules, regulations, ordinances, and governmental orders of the United States and any U.S. state or territory in which you or JAYOBE operate.
Billing Terms
The JAYOBE Billing Terms located at jayobe.io/billing-terms, as amended from time to time, which govern all payment, subscription, trial, and billing matters applicable to paid Employer accounts.
Content
All information, data, text, graphics, images, photographs, video, audio, and other materials submitted, posted, uploaded, displayed, or transmitted to or through the Platform by a User, including Listings, profile information, resumes, applications, and any communications between Users.
Employer
A business or individual that creates an Employer account on the Platform for the purpose of posting Listings and receiving applications from Job Seekers.
Employer Terms
The Employer-specific provisions set forth in Section 9 of these Terms.
Job Seeker
An individual who creates a Job Seeker account on the Platform for the purpose of browsing Listings and submitting applications to Employers.
Job Seeker Terms
The Job Seeker-specific provisions set forth in Section 10 of these Terms.
Listing
A job posting, position description, or employment opportunity posted by an Employer on the Platform, including all Content contained therein.
Map Features
The map-based discovery interface of the Platform, including without limitation the interactive map view, viewport-based and radius-based search, location-based filtering, per-location pins with listing-count display, collision-based pin presentation, on-device distance display, and any related geographic visualization, and the proprietary presentation, arrangement, user interface, interaction design, and functionality thereof.
Platform
The website located at jayobe.io, the JAYOBE web application, the JAYOBE mobile applications (as and when released), and any related services, features, content, or functionality made available by JAYOBE (collectively, the Platform).
Services
The services provided by JAYOBE through the Platform, including but not limited to the ability for Employers to post Listings and review applications and the ability for Job Seekers to browse Listings and submit applications.
User
Any natural person who accesses or uses the Platform, including visitors, Employers, Job Seekers, and registered or unregistered users.
3. Description of the Platform
JAYOBE operates a neutral technology marketplace that connects Employers with Job Seekers through a map-based interface. JAYOBE provides the technology service only and is not an employer, recruiter, employment agency, staffing firm, or placement service.
Employers may post Listings describing open positions. Job Seekers may browse available Listings through an interactive map-based interface and through list and filter views. Applications are submitted by Job Seekers directly to Employers through the Platform. The Platform also provides application-scoped messaging: a message thread exists only between an applicant and the Employer for a Listing to which that applicant has applied, and the Platform does not provide free-standing or pre-application messaging between Users.
JAYOBE does not participate in the hiring process between Employers and Job Seekers. JAYOBE does not screen, interview, evaluate, select, hire, pay, or terminate any applicant, employee, or worker, and makes no representation or warranty regarding the suitability of any Employer or Job Seeker.
4. Platform License Grant to Users
Subject to your compliance with these Terms and the AUP, JAYOBE grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for its intended purposes.
This license does not include the right to, and you shall not: (a) copy, modify, or create derivative works of the Platform or any Content owned by JAYOBE; (b) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform; (c) use the Platform or any Content for any commercial purpose other than its intended use as an Employer or Job Seeker on the Platform; (d) use any automated means (including bots, scripts, scrapers, or crawlers) to access, extract, or interact with the Platform or any Content; or (e) use the Platform in any manner that violates these Terms, the AUP, or Applicable Law.
This license is revocable at any time in JAYOBE's sole discretion and terminates automatically upon termination of your account or these Terms.
5. Content License Grant to JAYOBE
You retain all ownership rights in the Content you submit to the Platform.
By submitting Content, you grant JAYOBE a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, display, modify, and create derivative works from such Content for the purpose of operating and improving the Platform. This license includes the right to display your Content on the Platform as part of its normal operation (for example, displaying an Employer's Listing publicly on the Platform and displaying a Job Seeker's profile information and resume to an Employer upon the Job Seeker's active submission of an application to that Employer's Listing).
Important
Use of your name, username, profile photograph, voice, or likeness in JAYOBE marketing, advertising, testimonials, case studies, press materials, or similar promotional content is not covered by the license granted in this Section 5 and requires your separate opt-in consent. JAYOBE will not display your name, username, profile photograph, voice, or likeness in third-party-targeted advertising (including without limitation paid advertising on external platforms) without your separate opt-in consent.
You represent and warrant that: (a) you own or have obtained all necessary rights, licenses, consents, and permissions to submit the Content to the Platform and to grant JAYOBE the license set forth in this Section 5; (b) the Content does not infringe, misappropriate, or violate any intellectual property right, privacy right, publicity right, or other right of any third party; (c) the Content complies with these Terms, the AUP, and Applicable Law; and (d) any factual statements or representations contained in the Content are true and accurate.
6. Map Feature Protection
The Map Features — including without limitation the proprietary design, arrangement, user interface, presentation, interaction design, filtering logic, pin presentation and density mechanics, viewport-based and radius-based search behavior, and on-device distance display — constitute valuable trade secrets and proprietary intellectual property of JAYOBE.
You shall not, and shall not permit any third party to: (a) copy, reproduce, mimic, replicate, or imitate the Map Features or any substantial portion thereof; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, architecture, or functional logic underlying the Map Features; (c) use any automated tool, script, bot, scraper, crawler, or similar means to access, extract data from, or interact with the Map Features; (d) develop or assist in the development of any product, service, or feature that incorporates, copies, or competes with the Map Features using information derived from your use of the Platform; or (e) use the Map Features for any purpose other than the intended use of the Platform as an Employer or Job Seeker.
The protections of this Section 6 survive termination of your account or these Terms for a period of three (3) years.
7. JAYOBE as Neutral Marketplace
JAYOBE is a neutral technology marketplace. JAYOBE does not control, endorse, verify, or guarantee the accuracy, quality, legality, or safety of any Listing, Content, Employer, Job Seeker, or interaction between Users. Users interact with each other at their own risk.
JAYOBE does not pre-screen, pre-approve, or pre-edit Content before it appears on the Platform. Content is published by Users. JAYOBE reserves the right (but not the obligation) to review, monitor, remove, or disable access to any Content at any time, in its sole discretion, for any reason or no reason, without notice and without liability.
JAYOBE may, from time to time, post Listings for its own open positions on the Platform. When JAYOBE does so, JAYOBE acts in its capacity as an Employer under these Terms and is subject to the same Employer obligations set forth in Section 9 and in the AUP as any other Employer, except that JAYOBE's operation, administration, and enforcement of the Platform itself remains governed by these Terms as the Platform operator.
Certain Employer locations may display a "Location confirmed" badge. The badge indicates only that a JAYOBE representative visited the business at the displayed address on or about the date of the visit. The badge is not an endorsement of the Employer; is not a verification of the Employer's licensure, insurance, safety record, or hiring practices, or of the accuracy of any Listing; is not a background check or investigation of any kind; and is not a representation that the business continues to operate at that address after the date of the visit. The presence or absence of the badge does not modify the disclaimers in this Section 7 or Section 15.
The Platform is intended for individual Users 16 years of age and older. Users under the age of 13 are strictly prohibited from creating any account on the Platform. Users 13, 14, or 15 years of age are prohibited from creating an account on the Platform.
By creating any account, you represent and warrant that you are at least 16 years of age and, where applicable under the laws of your state of residence, have the legal capacity to enter into a binding contract.
Important
If JAYOBE determines or has reason to believe that a User is under 16 years of age, JAYOBE will terminate the account and delete all Content and personal information associated with that account, as described in the Privacy Policy.
The age requirements set forth in this Section 7A are material terms of these Terms and are in addition to, and do not limit, the eligibility requirements set forth in Section 8.
8. Account Registration and Eligibility
8.1 U.S.-Only Platform
The Platform is intended for use by residents and businesses located in the United States only, including all fifty (50) United States, the District of Columbia, and U.S. territories. Users located outside the United States should not access or use the Platform. JAYOBE reserves the right to refuse service, terminate accounts, or otherwise restrict access to any User whom JAYOBE reasonably believes is located outside the United States.
8.2 Job Seeker Eligibility
To create a Job Seeker account, you must be at least sixteen (16) years of age, as required by Section 7A, and a resident of the United States.
8.3 Employer Eligibility
To create an Employer account, you must be (a) a business entity organized under the laws of a U.S. state or territory, or an individual at least eighteen (18) years of age operating a business in the United States, (b) authorized to enter into contracts on behalf of any business entity represented in the account, and (c) offering employment opportunities in compliance with Applicable Law. If you are creating an Employer account on behalf of a business entity, you represent and warrant that you have full authority to bind that entity to these Terms, the AUP, and (where applicable) the Billing Terms.
8.4 Account Security and Responsibility
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. An Employer account may have more than one authorized user. The Employer is responsible for the acts and omissions of every person it authorizes to access its account, whether that person acts under the Employer's credentials or under their own, to the same extent as if the Employer had acted itself. Authorizing a user does not relieve the Employer of any obligation under these Terms, the AUP, or the Billing Terms, and each authorized user is individually bound by these Terms and the AUP upon accepting them. You must notify JAYOBE immediately at legal@jayobe.io if you suspect any unauthorized access to or use of your account. JAYOBE is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.
8.5 Refusal of Service; Account Suspension and Termination
JAYOBE may, in its reasonable good-faith discretion and at any time, refuse to provide access to the Platform, suspend, or terminate any User account, without prior notice and without liability to the User, for any of the following reasons: violation of these Terms or the AUP; provision of false, misleading, or incomplete information at registration or in Content; extended inactivity; conduct that JAYOBE reasonably believes threatens the security, integrity, or availability of the Platform or the safety of its Users; or for any other reason reasonably related to the integrity of the Platform or the safety of its Users.
9. Employer-Specific Terms
This Section 9 applies specifically to Employers and is in addition to the general terms applicable to all Users. By creating or using an Employer account, you make each of the representations and acknowledgments set forth in this Section 9 to JAYOBE, and you agree to each of the obligations set forth in this Section 9.
9.1 Legitimate Employer Representation
You represent and warrant that you are a legitimate business entity or individual offering genuine employment opportunities, and that each Listing you post corresponds to a genuine open position for which you are authorized to recruit.
9.2 Sole Responsibility for Employment Law Compliance
You are solely responsible for compliance with all Applicable Law governing the employment relationships you form or seek to form, including without limitation federal, state, and local employment law, anti-discrimination law, wage and hour law, immigration and work authorization requirements, employment tax, workers' compensation, occupational safety and health, employee classification, and any licensing, certification, or bonding required to operate your business. JAYOBE is not an employer, is not a party to any employment relationship between you and any Job Seeker, and bears no responsibility for your compliance with any of the foregoing.
9.3 Pay Transparency
You are responsible for compliance with all Applicable Law requiring the disclosure of compensation, including without limitation pay transparency laws in California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Rhode Island, Vermont, Virginia, and Washington, in the District of Columbia, and in certain municipalities. Where Applicable Law requires the disclosure of a pay range or other compensation information in a Listing, you shall include that disclosure in the Listing. JAYOBE is not responsible for your compliance with any pay transparency law.
9.4 Employment Type Accuracy
You shall accurately describe the employment type of each position in the Listing, including without limitation whether the position is W-2 employment or 1099 independent-contractor work, full-time or part-time, permanent or temporary, exempt or non-exempt, and any applicable benefits or lack thereof. You are solely responsible for properly classifying each worker under Applicable Law.
9.5 FLSA Hazardous Occupation Acknowledgment
If any Listing involves work that may be considered hazardous under the federal Fair Labor Standards Act ("FLSA") or under any applicable state youth-employment law, you acknowledge and agree that you are solely responsible for compliance with age, work-permit, and safety requirements applicable to such work, and that you will not hire any individual under the legal minimum age for such work.
9.6 Work Arrangement Accuracy
You shall accurately describe the work arrangement of each position, including without limitation whether the position is on-site, remote, hybrid, or flexible, and (where applicable) the geographic location at which the work is to be performed.
9.7 Age and Work Permit Verification
You are solely responsible for verifying the age and work-permit status of any Job Seeker you hire, including without limitation any requirement under federal or state law that minors obtain a work permit or proof of age before beginning work. JAYOBE does not verify the age of Job Seekers beyond the Platform-level minimum age of sixteen (16) set forth in Section 7A.
9.8 Applicant Data Handling
You are solely responsible for handling applicant data in compliance with Applicable Law, including without limitation federal, state, and local anti-discrimination law, privacy law, data breach notification law, and applicable recordkeeping requirements. You shall not use applicant data received through the Platform for any purpose other than evaluating the applicant for the specific Listing to which the applicant applied, or for other recruiting and hiring purposes consistent with Applicable Law and with any disclosures you have made to the applicant.
9.9 Listing Removal and Account Termination
JAYOBE may convert any Listing to a list-only presentation (city-level display with no map pin), remove any Listing, or terminate any Employer account, at any time and in its reasonable good-faith discretion, for violation of these Terms, the AUP, or Applicable Law, or for any other reason reasonably related to the integrity of the Platform or the safety of its Users. Termination of an Employer account does not relieve the Employer of any obligation accrued prior to termination, including without limitation any billing obligation under the Billing Terms. Termination for cause under this Section 9.9 does not entitle the Employer to a refund of any fees paid, as further described in the Billing Terms.
9.10 Billing and Subscription
Employers that elect a paid subscription plan or purchase any paid feature on the Platform are subject to the Billing Terms located at jayobe.io/billing-terms, which are incorporated into these Terms by reference with respect to paid Employer accounts.
9.11 No Consumer Reporting Agency; No Credit Repair Organization
JAYOBE is not a consumer reporting agency as defined under the federal Fair Credit Reporting Act (15 U.S.C. § 1681a(f)) or analogous state laws, does not provide consumer reports within the meaning of 15 U.S.C. § 1681a(d), and does not assemble or evaluate consumer credit information or other information on Job Seekers for the purpose of furnishing consumer reports to third parties. Employers may not use information received through the Platform as a "consumer report" within the meaning of the Fair Credit Reporting Act or as a substitute for a consumer report that the Employer may be required to obtain from a consumer reporting agency under applicable law. JAYOBE is not a "credit repair organization" as defined in the Credit Repair Organizations Act (15 U.S.C. § 1679a(3)) and does not offer, provide, or purport to provide any service to improve any consumer's credit record, credit history, or credit rating.
9.12 Location Address Authorization
The Employer represents that it has the right and authority to publish each location address it registers and to have that address displayed publicly on the Platform, including where the address is a residence, and that it has any consent required from other occupants.
10. Job Seeker-Specific Terms
This Section 10 applies specifically to Job Seekers and is in addition to the general terms applicable to all Users. By creating or using a Job Seeker account, you make each of the representations and acknowledgments set forth in this Section 10 to JAYOBE.
10.1 Accuracy of Profile and Applications
You represent and warrant that all information in your profile, resume, and applications is true, accurate, and not misleading. You shall not misrepresent your identity, qualifications, work experience, education, credentials, or work authorization status.
10.2 No Responsibility for Employer Conduct or Hiring Outcomes
JAYOBE is not responsible for the conduct of any Employer on or off the Platform, for the accuracy of any Listing, for any hiring decision made or not made by any Employer, or for any employment relationship formed through the Platform. JAYOBE makes no representation or warranty that any application will result in an interview, offer, or employment.
10.3 No Public Job Seeker Profile
JAYOBE does not host public Job Seeker profiles. Your profile functions as your account control panel and stores the information used to prepare and submit applications. Employers cannot browse, search, or view Job Seeker profiles on the Platform. Your profile information, resume, and application Content are made available to an Employer only when you submit an application to that Employer's Listing, as described in Section 10.4.
10.4 Resume and Application Data
You acknowledge that your profile information, resume files, and application Content are transmitted to an Employer only when you actively submit an application to that Employer's Listing. JAYOBE does not passively share your profile information, resume files, or application Content with Employers. Where an Employer has authorized additional users on its account, the Employer's authorized users may access applications submitted to that Employer's Listings, subject to the access limits the Employer sets; access by an authorized user is access by the Employer for purposes of this Section, and the Employer remains responsible for it. Once an application is submitted to an Employer, that Employer becomes responsible for its handling of the data it receives, subject to that Employer's own privacy obligations and Applicable Law. JAYOBE retains no control over how an Employer uses, stores, or discloses data received through the application process, beyond the contractual terms applicable to the Employer under these Terms and the AUP.
10.5 Minimum Age
As set forth in Section 7A, you must be at least 16 years of age to use the Platform. By creating an account you confirm you meet this requirement.
10.6 Disclosure to Users Age 16 or 17
If you are 16 or 17 years of age, Applicable Law in your state of residence may require a work permit, parental consent, or other authorization before you may begin work. JAYOBE does not obtain or verify any such permit or consent. You acknowledge that you are responsible for compliance with any applicable state youth-employment law, including age verification requirements, work permit requirements, and hours-of-work restrictions.
10.7 Free Access
Job Seekers are not charged any fee for use of the Platform. No Job Seeker feature or service is charged unless these Terms have been amended to expressly describe the charge, the charge is clearly and conspicuously disclosed at the point at which the feature is offered, and the Job Seeker affirmatively elects to purchase it.
11. Acceptable Use Policy
The AUP, located at jayobe.io/aup, is incorporated into these Terms by reference in its entirety and forms a part of these Terms. You may review the AUP at any time through the "Acceptable Use Policy" link in the Platform footer or Legal page. Your acceptance of these Terms constitutes acceptance of the AUP as it exists on the date of acceptance.
The AUP sets forth categories of prohibited Content and prohibited conduct applicable to all Users, including Employer-specific and Job Seeker-specific prohibitions. Your use of the Platform is subject to the AUP.
A violation of the AUP constitutes a violation of these Terms. JAYOBE may enforce the AUP through the same measures available for enforcement of these Terms, including without limitation Content removal, Listing removal, account suspension, account termination, and referral to law enforcement where appropriate, in each case in JAYOBE's reasonable good-faith discretion and subject to the terms of Section 8.5 and Section 9.9.
Your payment, subscription, trial, and billing obligations are governed by the Billing Terms located at jayobe.io/billing-terms, which are incorporated into these Terms by reference with respect to Employer accounts that elect a paid plan or purchase any paid feature.
Job Seekers are not charged any fee for use of the Platform. Employers that elect a paid subscription plan or purchase any paid feature (including any single-listing purchase) are subject to the Billing Terms located at jayobe.io/billing-terms, which are incorporated into these Terms by reference with respect to paid Employer accounts.
In the event of any conflict between these Terms and the Billing Terms with respect to payment, subscription, trial, billing, cancellation, refund, price change, dunning, listing suspension for non-payment, tax, chargeback, or any other financial or billing matter, the Billing Terms govern as to that matter.
13. Intellectual Property
All right, title, and interest in and to the Platform, the Services, the Map Features, the JAYOBE name and logo, and all other intellectual property of JAYOBE are and remain the exclusive property of JAYOBE and its licensors.
You retain all ownership rights in your Content, subject to the license you grant to JAYOBE in Section 5.
JAYOBE respects the intellectual property rights of others and expects Users to do the same. If you believe that your copyrighted work has been infringed by Content on the Platform, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") in accordance with the DMCA Policy at jayobe.io/dmca.
13.1 DMCA Policy and Copyright Complaints
JAYOBE has designated an agent for receipt of DMCA notices:
Copyright Manager (DMCA Designated Agent)
JAYOBE, Inc.
Attn: Copyright Manager
8 The Green, STE B
Dover, DE 19901
Email: dmca@jayobe.io
Phone: (586) 217-2774
The procedure for DMCA notices and counter-notices is described in our DMCA Policy at jayobe.io/dmca.
Your use of the Platform is subject to the Privacy Policy located at jayobe.io/privacy, which describes how JAYOBE collects, uses, stores, shares, and protects personal information, and the Cookie & Tracking Policy located at jayobe.io/cookies, which describes how JAYOBE uses cookies and similar technologies. The Privacy Policy and the Cookie & Tracking Policy are incorporated into these Terms by reference. The commitments in the Privacy Policy and the Cookie & Tracking Policy are binding on JAYOBE consistent with the terms of each document and applicable law.
The Platform, the Services, and all Content made available through the Platform are provided on an "AS IS" and "AS AVAILABLE" basis, with all faults and without any warranty of any kind. To the fullest extent permitted by applicable law, JAYOBE expressly disclaims all warranties and conditions of any kind, whether express, implied, statutory, or otherwise, including without limitation all implied warranties of MERCHANTABILITY, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, and any warranty arising from course of dealing, course of performance, or usage of trade.
Without limiting the generality of the foregoing, JAYOBE does not warrant or represent that: (a) the Platform will meet your requirements or expectations; (b) the Platform will operate uninterrupted, error-free, timely, or secure; (c) defects or errors will be corrected; (d) the Platform or any server or system used to provide it is free of viruses, worms, trojans, or other harmful components; (e) any Content posted on the Platform is accurate, current, reliable, lawful, or complete; (f) any Employer is a legitimate employer or that any Listing represents a genuine employment opportunity; (g) any Job Seeker is qualified, authorized to work, or has accurately represented themselves; (h) any application will result in an interview, offer, or employment relationship; (i) the Platform is compatible with any particular device, browser, operating system, or internet connection; or (j) any data, content, or functionality provided by any third-party service integrated with or accessible through the Platform is accurate, reliable, or lawful.
JAYOBE makes no guarantee that any Job Seeker will be hired, that any Employer will receive qualified applicants, or that any interaction between Users will result in any particular outcome. JAYOBE is not a party to any employment relationship, contract, agreement, or arrangement formed between Users through or in connection with the Platform, and bears no responsibility for any such relationship or its consequences.
The Platform may contain links to, integrations with, or information from third-party websites, services, or resources. JAYOBE does not endorse and is not responsible for any third-party website, service, or resource, and your use of any such third-party website, service, or resource is at your own risk and subject to the third party's own terms and policies.
Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, the exclusions above apply to the fullest extent permitted by law.
Map and Location Accuracy. Map pin placement, displayed location, and any distance shown are derived from the address the Employer supplies and from third-party mapping and geocoding services. JAYOBE does not independently survey, verify, or confirm the geographic coordinates of any Listing or location, and does not warrant that any pin position, displayed location, or displayed distance is accurate, precise, or current. Displayed distances are approximate and inherit any error in the underlying coordinates.
The Platform's map is provided for general orientation and is not a navigation aid; it is not designed or intended for turn-by-turn routing, emergency response, or any purpose requiring positional accuracy. Where the Platform offers a directions link, it opens a third-party maps application, and JAYOBE is not responsible for any route, travel time, or guidance that application provides. Users should confirm an address with the Employer before traveling to it.
16. Limitation of Liability
To the fullest extent permitted by applicable law, and notwithstanding any other provision of these Terms, in no event shall JAYOBE, its affiliates, or any of their respective officers, directors, employees, agents, contractors, licensors, or service providers be liable to you or to any third party for any of the following, regardless of the legal theory on which such liability is premised: lost profits; lost revenue; lost data; loss of business, business opportunity, or goodwill; cost of substitute products or services; or any indirect, consequential, incidental, punitive, exemplary, or special damages of any kind, in each case arising out of or relating to these Terms, the Platform, the Services, any Content, or any interaction between Users on or through the Platform. The foregoing exclusions apply whether the claim is brought in contract, tort (including negligence), strict liability, breach of warranty, statute, or any other legal theory, and whether or not JAYOBE has been advised of or should have known of the possibility of such damages. This Section 16 does not limit JAYOBE's liability for its own gross negligence, willful misconduct, fraud, or violation of law, to the extent such liability cannot be limited under applicable law.
Important
To the fullest extent permitted by applicable law, the total aggregate liability of JAYOBE and its affiliates and their respective officers, directors, employees, agents, contractors, licensors, and service providers to you arising out of or relating to these Terms, the Platform, the Services, or any Content or interaction on the Platform, regardless of the form of action or legal theory, shall not exceed the greater of (a) the total fees actually paid by you to JAYOBE in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars ($100.00).
This limitation does not apply to, and does not purport to limit, (i) any statutory minimum or liquidated damages amount that cannot be waived by contract under applicable law, including without limitation the statutory damages provisions of the California Consumer Privacy Act (Cal. Civ. Code § 1798.150), the Illinois Biometric Information Privacy Act, the Telephone Consumer Protection Act, the Fair Credit Reporting Act, Massachusetts General Laws Chapter 93A, the Michigan Consumer Protection Act (MCL 445.901 et seq.), the Michigan Identity Theft Protection Act (MCL 445.61 et seq.), or analogous statutes of any U.S. state; (ii) JAYOBE's gross negligence, willful misconduct, fraud, or violation of law, to the extent such liability cannot be limited under applicable law; or (iii) indemnification obligations of JAYOBE, if any, under a separately negotiated written agreement.
You acknowledge and agree that the limitations of liability in this Section 16 are a material and essential basis of the bargain between you and JAYOBE, and that JAYOBE would not provide the Platform or the Services without these limitations.
Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, the limitations above apply to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless JAYOBE and its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all third-party claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of (a) your Content, (b) your violation of these Terms, the AUP, or the Billing Terms, (c) your violation of Applicable Law, (d) your violation of any third-party right (including any intellectual property, privacy, or publicity right), and (e) in the case of Employers, your hiring, employment, or independent-contractor-engagement decisions and any employment relationship you form or fail to form with any Job Seeker or applicant. This indemnification obligation does not extend to claims arising from JAYOBE's gross negligence, willful misconduct, fraud, or violation of law.
18. Arbitration and Dispute Resolution
Important
Please read this Section 18 carefully. It requires you to resolve disputes with JAYOBE through binding individual arbitration and limits the manner in which you can seek relief from JAYOBE. It affects your legal rights, including your right to bring a lawsuit in court and your right to a jury trial, and your right to participate in a class action or representative proceeding. You have a thirty (30) day right to opt out of the arbitration requirement of this Section 18, as described in Section 18.8. Opting out releases you from the arbitration requirement only; the class, collective, and representative action waiver in Section 18.3 continues to apply in any court proceeding to the extent enforceable under applicable law.
18.1 Agreement to Binding Arbitration
You and JAYOBE agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the AUP, the Billing Terms, the Platform, the Services, any Content, any interaction between Users on or through the Platform, or the relationship between you and JAYOBE (each a "Dispute"), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after the termination of your account or these Terms, shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA"). For any Dispute involving an individual Job Seeker or an individual operating an Employer account as a sole proprietor (and not through a registered business entity), the AAA Consumer Arbitration Rules then in effect shall apply. For any Dispute involving an Enterprise-tier Employer or any User operating through a registered business entity (including without limitation any corporation, limited liability company, partnership, or other registered entity), the AAA Commercial Arbitration Rules then in effect shall apply. In either case, the AAA Mass Arbitration Supplementary Rules also apply where triggered, except as modified by this Section 18. The arbitration shall be conducted before a single arbitrator with experience in technology and commercial contract matters. Subject to the User's election under Section 18.2, the format of the arbitration — whether conducted virtually, in writing, or in person — shall be determined by the arbitrator after considering the preferences of both parties.
18.2 Seat of Arbitration
The seat of the arbitration shall be Macomb County, Michigan. All arbitration proceedings shall be conducted in the English language. Notwithstanding the foregoing, the User may elect at any time before the arbitrator is appointed to have the arbitration conducted virtually or in writing, at no additional cost to the User; the seat designation above does not require the User's in-person attendance in Michigan.
18.3 Class Action Waiver
You and JAYOBE each agree that any Dispute shall be resolved only on an individual basis, and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general action or proceeding.
Neither you nor JAYOBE may bring a claim as a plaintiff or class member in a class, collective, consolidated, representative, or private attorney general action, and the arbitrator shall have no authority to arbitrate any claim on a class, collective, consolidated, or representative basis or to consolidate the claims of more than one person, except as expressly provided in Section 18.4 with respect to coordinated mass-arbitration procedures. You waive any right to a trial by jury and any right to participate in a class action, collective action, consolidated action, or representative action with respect to any Dispute. If a court or arbitrator determines that this class action waiver is unenforceable with respect to a particular claim or a particular form of relief, the claimant may sever that claim to court while the remainder of the Dispute continues in arbitration.
18.4 Coordinated Mass-Arbitration Procedures
Where twenty-five (25) or more substantially similar arbitration demands are filed against JAYOBE by or with the coordinated assistance of the same counsel, law firm, or organized group of counsel within any rolling 180-day period (a "Mass Filing"), the parties agree that the following procedures apply in addition to the AAA Consumer Arbitration Rules or the AAA Commercial Arbitration Rules (as applicable under Section 18.1) and the AAA Mass Arbitration Supplementary Rules:
(a) Bellwether Process. Within ninety (90) days after the threshold for a Mass Filing is met, the parties shall jointly select six (6) bellwether cases to proceed first — three (3) selected by JAYOBE from the claimants' Mass Filing, and three (3) selected by claimants' coordinating counsel from the same pool — with all other cases in the Mass Filing stayed pending resolution of the bellwethers. If the parties cannot agree on the selection or on claimant consent to bellwether status within that ninety (90) day period, an AAA-administered case manager shall randomly select six (6) bellwethers from the Mass Filing. The bellwethers proceed to hearing and award independently; awards in bellwether cases do not bind any claimant who is not a party to that specific bellwether but may be considered by the parties and any subsequent arbitrator for their persuasive value.
(b) Settlement Conference. Upon conclusion of the bellwethers, the parties shall participate in a single coordinated settlement conference administered by AAA or by a mutually agreed mediator, for the purpose of exploring global resolution of the remaining cases in the Mass Filing.
(c) Staged Fee Payment. AAA filing fees for the non-bellwether cases in the Mass Filing are stayed until the bellwether process and the settlement conference are complete, at which point unpaid filing fees for any cases proceeding to arbitration become due on the schedule established by AAA.
(d) Inactivity Dismissal. If, at any point twelve (12) months after a Mass Filing is initiated, a claimant in the Mass Filing has not actively prosecuted their individual demand (including by failing to respond to AAA procedural requests or failing to pay claimant-side fees when required under AAA Rules), that claimant's demand may be dismissed without prejudice by AAA at JAYOBE's request, subject to the AAA Rules. This provision does not waive any claim, any tolling of any statutory limitations period, or any right under applicable law; a claimant whose demand is dismissed under this paragraph may refile in an appropriate forum subject to the arbitration agreement.
Nothing in this Section 18.4 waives, limits, or modifies the individual-arbitration requirement of Section 18.3 or creates any right to class, collective, consolidated, or representative treatment.
18.5 Arbitration Procedure
The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The arbitrator shall have exclusive authority to resolve all issues relating to the interpretation, applicability, and enforceability of this arbitration agreement, except that a court of competent jurisdiction shall determine (i) whether these Terms were validly formed and accepted by the User, (ii) whether Section 18.3 (Class Action Waiver) is enforceable, (iii) whether Section 18.8 (Right to Opt Out) is enforceable, and (iv) whether Section 18.9A (No Forced Arbitration of Sexual Assault or Sexual Harassment Claims) or the federal Act cited therein applies to a Dispute. The arbitrator's award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Judgment on the award rendered by the arbitrator may be entered and enforced in any court having jurisdiction. The arbitrator shall issue a written decision stating the essential findings and conclusions on which the award is based. Each party shall bear its own attorneys' fees and costs in arbitration except to the extent the arbitrator is permitted or required by applicable law or the AAA Rules to award such fees and costs.
JAYOBE will pay all AAA filing fees, administrative fees, and arbitrator fees associated with any individual arbitration commenced by a User, except that if the arbitrator determines a User's claim was filed in bad faith (as measured by the standards of Federal Rule of Civil Procedure 11), the arbitrator may reallocate fees to the extent permitted by the AAA Rules and applicable law. JAYOBE's agreement to pay these fees applies to individual arbitrations and to bellwether arbitrations under Section 18.4; the fee-allocation provisions of the AAA Mass Arbitration Supplementary Rules govern non-bellwether cases in a Mass Filing consistent with Section 18.4(c).
18.6 Time to File a Claim
To the fullest extent permitted by law, any Dispute between you and JAYOBE, whether brought by you against JAYOBE or by JAYOBE against you, must be commenced within one (1) year after the cause of action accrues. Otherwise such cause of action is permanently barred.
Nothing in this Section 18.6 shortens any statutory limitations period or waives any right that cannot be shortened or waived under applicable law.
18.7 Exceptions to Arbitration
Notwithstanding the foregoing, the following are not subject to the arbitration requirement of this Section 18: (a) any claim that qualifies for small claims court in the claimant's state of residence, brought on an individual basis, provided the claim does not exceed the jurisdictional limit of that small claims court; and (b) any claim by either party seeking temporary, preliminary, or permanent injunctive or other equitable relief to protect its intellectual property, including without limitation the Map Features described in Section 6, its confidential information, or to enforce the restrictions and obligations of Sections 4, 5, and 6, including without limitation the User's warranties in Section 5 and the Map Feature protections in Section 6. Seeking equitable relief shall not be deemed a waiver of either party's right to arbitrate any other Dispute under this Section 18.
18.8 Right to Opt Out of Arbitration
You have the right to opt out of the arbitration agreement set forth in this Section 18 by providing written notice of your decision to opt out to legal@jayobe.io within thirty (30) days after the date you first accept these Terms. A User also has a new thirty (30) day opt-out window running from the effective date of any material change to this Section 18 noticed under Section 20.1. Your notice must include your full name, the email address associated with your account, and the statement: "I opt out of JAYOBE's arbitration agreement." Opting out under this Section 18.8 releases you from the requirement to arbitrate Disputes with JAYOBE, but does not release you from the class, collective, and representative action waiver in Section 18.3, which continues to apply to the fullest extent enforceable under applicable law in any court proceeding you bring against JAYOBE.
Opting out of this Section 18 has no effect on any other provision of these Terms or on your continued access to the Platform. If you do not opt out within the applicable thirty (30) day period, you agree to be bound by this Section 18. A User who has opted out of arbitration under this Section 18.8 may bring Disputes against JAYOBE only in the state or federal courts identified in Section 19, subject to the class, collective, and representative action waiver in Section 18.3 to the extent enforceable under applicable law.
18.9 Severability Within This Section
If any provision of this Section 18 is found to be unenforceable, that provision shall be severed and the remainder of this Section 18 shall remain in full force and effect, except that if the class action waiver in Section 18.3 is found unenforceable with respect to a particular claim, the claimant may sever that claim to court while the remainder of the Dispute continues in arbitration as provided in Section 18.3.
18.9A No Forced Arbitration of Sexual Assault or Sexual Harassment Claims
Notwithstanding any other provision of this Section 18, nothing in these Terms requires arbitration of any claim or Dispute that relates to a sexual assault dispute or a sexual harassment dispute as those terms are defined in the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, codified at 9 U.S.C. §§ 401–402. At the election of the person alleging such conduct, neither the arbitration requirement of this Section 18 nor the class, collective, and representative action waiver in Section 18.3 applies to the case relating to that dispute, and that person may proceed in a court of competent jurisdiction. Whether this Section 18.9A or the Act applies to a Dispute is determined by a court, not an arbitrator.
19. Governing Law and Venue
These Terms, the AUP, the Billing Terms, the Privacy Policy, the Cookie & Tracking Policy, and all matters arising out of or relating to any of them or to the Platform or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
Subject to Section 18 (Arbitration and Dispute Resolution), any Dispute that is not subject to binding arbitration shall be brought exclusively in the state or federal courts located in Macomb County, Michigan, and each party irrevocably consents to the personal jurisdiction and venue of those courts.
20.1 Modification of Terms
JAYOBE reserves the right to modify these Terms at any time. For material changes — including additions to your obligations, material changes to your rights, material changes to the arbitration or dispute resolution provisions, material changes to the class action waiver, or material changes to the limitation of liability or indemnification provisions — JAYOBE will provide notice by email to the address associated with your account at least thirty (30) days before the change takes effect. If you do not agree to a material change, you may terminate your account before the change takes effect; your continued use of the Platform after the effective date constitutes acceptance of the revised Terms, and for material changes to Section 18 (Arbitration and Dispute Resolution), Section 18.8 additionally provides a thirty (30) day opt-out window running from the effective date of the change. Non-material changes — including typographical corrections, address updates, formatting changes, and similar revisions that do not alter any substantive right or obligation — take effect upon posting of the updated Terms to the Platform with the Last Updated date revised accordingly.
20.2 Termination
You may terminate your account at any time by following the account deletion process on the Platform or by contacting JAYOBE at support@jayobe.io. Employers with active paid subscriptions should also review the cancellation process in the Billing Terms. JAYOBE may terminate your account and these Terms for any violation of these Terms or the AUP, or for any other reason reasonably related to the integrity of the Platform or the safety of its Users, with or without notice at JAYOBE's reasonable good-faith discretion. Termination for cause does not entitle you to any refund of fees paid, as further described in the Billing Terms.
20.3 Survival
Any provision of these Terms that by its nature or effect is intended to survive termination shall survive, including without limitation Section 5 (Content License Grant to JAYOBE), Section 6 (Map Feature Protection), Section 11 (Acceptable Use Policy) to the extent of any obligations that by their nature continue after termination, Section 12 (Payments and Billing), Section 13 (Intellectual Property), Section 15 (Disclaimers), Section 16 (Limitation of Liability), Section 17 (Indemnification), Section 18 (Arbitration and Dispute Resolution), Section 19 (Governing Law and Venue), Section 20 (General Provisions), and Section 21 (Contact Information).
20.4 Entire Agreement
These Terms, together with the AUP, the Billing Terms (for paid Employer accounts), the Privacy Policy, the Cookie & Tracking Policy, the Do Not Sell or Share My Personal Information page, and the DMCA Policy, and any other policies or agreements expressly referenced in these Terms, constitute the entire agreement between you and JAYOBE with respect to the Platform and supersede all prior agreements and understandings, whether written or oral, relating to the Platform. JAYOBE also publishes an Accessibility Statement at jayobe.io/accessibility describing JAYOBE's accessibility posture and commitments; the Accessibility Statement is a public notice of commitments and is not a contract, as further described in that document. In the event of any conflict between these Terms and the Billing Terms with respect to payment, subscription, trial, billing, cancellation, refund, price change, dunning, listing suspension for non-payment, tax, chargeback, or any other financial or billing matter, the Billing Terms govern as to that matter.
20.5 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remainder of these Terms shall remain in full force and effect, except as otherwise provided in Section 18.
20.6 No Waiver
JAYOBE's failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or of any other provision.
20.7 Assignment
JAYOBE may assign these Terms and its rights and obligations hereunder, in whole or in part, (i) to an affiliate under common control with JAYOBE, or (ii) to a successor in interest acquiring all or substantially all of JAYOBE's business through merger, acquisition, corporate reorganization, or sale of assets. Any other assignment by JAYOBE requires your consent, not to be unreasonably withheld. You may not assign these Terms or any of your rights or obligations hereunder without JAYOBE's prior written consent, and any attempted assignment in violation of this Section 20.7 is void.
20.8 Relationship of the Parties
You and JAYOBE are independent contracting parties. Nothing in these Terms creates a partnership, joint venture, employment relationship, or agency relationship between you and JAYOBE.
20.9 No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and JAYOBE.
20.10 Force Majeure
JAYOBE shall not be liable for any failure or delay in performance resulting from any cause beyond its reasonable control, including without limitation acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, failure of third-party service providers, internet or telecommunications failures, or governmental action.
20.11 Electronic Communications and Electronic Signatures
By creating an account and using the Platform, you consent to receive communications from JAYOBE in electronic form, including notices, disclosures, agreements, and other communications, and you agree that electronic communications satisfy any legal requirement that such communications be in writing. Your acceptance of these Terms through a "click-through" or similar electronic mechanism constitutes a valid and binding electronic signature under the federal Electronic Signatures in Global and National Commerce Act ("E-SIGN"), 15 U.S.C. § 7001 et seq., and analogous state law. Electronic communications from JAYOBE are further described in Section 11 of the Privacy Policy (email classification and opt-out) and Section 1 of the Billing Terms (billing-specific electronic consent).
20.12 Headings and Interpretation
Section headings in these Terms are for convenience only and shall not affect the interpretation of any provision. The words "including," "includes," and "included" shall be deemed to be followed by the words "without limitation."
20.13 Language
These Terms are drafted in the English language. In the event of any discrepancy between the English language version and any translation, the English language version shall control.
JAYOBE, Inc.
Legal Notices and Service of Process (Registered Agent)
8 The Green, STE B
Dover, DE 19901
General Correspondence
PO BOX 17
Armada, MI 48005
The full procedure for DMCA notices and counter-notices is described in the DMCA Policy at jayobe.io/dmca.
