Edvo’s mission is to help people find meaningful jobs, and make the job search process easier than it’s ever been.
**To help advance this mission, we provide the Products and Services described below to you:**
GENERAL: We are Edvo Inc., and we provide individuals seeking employment opportunities access to relevant open positions with third-party employers (herein defined as “Employers”), training and other placement and employment related education services. In our capacity as external advisor for different Employers, we also provide various advisory, employee placement services, and other human resource management tools.
The Services (as such term is defined below) we provide to you, are being furnished via automated chat-bots through or over multiple virtual channels and directly, in interviews and when we communicate or interact with you in meetings, via phone, chatbots or otherwise (as applicable). Your use of the Services is subject to these Terms and Conditions (these “Terms”). We refer to all of the e-communication mediums described above, as “Platforms”.
When we use the terms “we”, “us”, “our” or “Edvo”, we refer to Edvo Inc., and when we use the terms “you”, “your” or “yours” we refer to you, an individual who is interested in providing us with certain information and materials, so we can endeavor to locate for you applicable job opportunities, assess your suitability for open positions Employers have asked us to man, provide feedback and training, inform you when new job opportunities arise, and provide other related services, as now available or may become further available in the future, all as and in a scope we deem to be appropriate and/or required, in our exclusive discretion, and as available from time to time (collectively, the “Services”).
UNIQUE IDENTIFIER: Before you use the Service, Edvo will need to certify your identity. This process may be done either by using identifiers produced through a standard registration process Edvo will ask you to undergo (in which you may be asked to provide your email address, telephone number and/or to choose a password), or, alternatively, using Platforms’ log-in APIs (application programing interface) (such login details, names and passwords (including any Platform login details) shall be collectively referred to herein as: “Identifiers”). Identifiers are used to create your profile with Edvo, to secure your login into the Services and to aggregate and track your transactions and interactions with the Services. You agree not to share the Identifiers with any third party and to keep the Identifiers confidential. You will be fully responsible for any liability or damages caused due to or in connection with any failure to comply with the foregoing.
COMPLIANCE WITH THIRD-PARTIES TERMS: Edvo uses Platforms, as well as third party infrastructure to communicate with you and to provide the Services. The Platforms and such infrastructure are owned and operated by third party entities such as Facebook Inc., Slack Technologies Limited, your mobile network operator and others. Edvo facilitate such Platforms and infrastructure through designated APIs and SDKs (software development kits) to run, maintain and make the Services available (collectively, “Third-Party Providers”). Before you login and exploit the Platforms and infrastructure to use and communicate with the Services, it is likely that the Third-Party Providers request your consent and agreement to Third-Party Policies. You must provide such acceptance before you use the Services and you must always comply with the terms of such Third-Party Policies. Edvo is not responsible to the content of such Third-Party Policies, or to the compliance of such Third-Party Providers with any law or regulation. Edvo is also not responsible to how these Third-Party Providers use your information.
INTELLECTUAL PROPERTY RIGHTS: You acknowledge that: (a) the Services contain proprietary and confidential information of Edvo and its licensors, such that is protected by applicable intellectual property and other laws, and (b) Edvo and its licensors own all rights, titles and interests in and to the Services, their content, trademarks, marks, service marks, symbols, icons, logos, shapes and designs, including and without limitation all Intellectual Property Rights therein. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
You agree that you will not, and will not allow any third party to: (a) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Services or content that may be presented or accessed through the Services for any purpose; (b) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Services; (c) use the Services to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights; or (d) remove, obscure, or alter Edvo’s or any of its licensors’ copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.
These Terms do not convey to you an interest in or to the Services, but only a limited right of use of the Services, revocable in accordance with the terms and conditions of these Terms. Nothing in these Terms constitutes a waiver on behalf of Edvo of any Intellectual Property Right.
EDVO FEES; PAYMENT: In consideration for the Services rendered by Edvo, you undertake to pay to Edvo the non-refundable success-based fee described under this Section (the “Edvo Fee”). The Edvo Fee is payable to us each time you were engaged by an Employer as an employee, consultant, service provider or in similar position, following or in connection with your use of the Services (a “Engagement”).
The Edvo Fee shall be equal to five percent (5%) of the agreed aggregate gross (prior to any withholdings and/or any deductions (including any tax deductions)) annual salary paid and/or payable to you by each Employer, pursuant to your respective Engagement agreement or other instrument, and notwithstanding any absence from work (the “Gross Compensation”). The Edvo Fee will be paid in three (3) equal installments over the first three (3) month period of the Engagement.
You undertake to inform us in writing each time an Engagement occurs, and to provide us with full details and any supporting documents evidencing the Gross Compensation. Without derogating from the foregoing, you further irrevocably agree and permit the Employer to provide us with applicable notice regarding the Engagement, which includes (separately or in the aggregate) information regarding the Gross Compensation and/or any other information reasonably required to allow us to enforce our rights pursuant to this Section. This permission will inure for our benefit and for the benefit of each applicable Employer.
Payments of the Edvo Fee can be made via credit or debit card (the “Payment Method”). We may require that you will provide the Payment Method prior to using the Services or applying to any open position. You undertake to keep the Payment Method available and its details up to date, as long as you use the Services or otherwise required to pay the Edvo Fees to us, pursuant to the provisions of this Section. We reserve the right to refuse any payment method.
Payment of each installment of the Edvo Fee is due no later than five (5) days as of the beginning of each calendar month. You hereby irrevocably and unconditionally permit and agree that we will be eligible to charge the Payment Method each time the Service Fee or any part thereof is due.
It is your responsibility to inform us in writing at least ten (10) days prior to the date a payment of the Edvo Fee or any part thereof is due, if your Engagement has been effectually terminated; and in such event and only if you have provided us with such notice during the said strict trimline as well as any additional information we reasonably require to enforce our rights pursuant to this Section, the aggregate Edvo Fee charged to your Payment Method will not exceed five percent (5%) of the aggregate Gross Compensation paid or payable to you from the date the Engagement has commenced and until its effective termination date.
You understand and agree that if you have failed to inform us of the effective termination of the Engagement and the other information requested, as set forth and under the conditions of the preceding clause, any Edvo Fee installment charged to your Payment Method will be due and payable, and you shall not be entitled to any refunds.
For removal of doubt, if during the first three (3) months of Engagement your Gross Compensation has been reduced due to military service, maternity leave, sick leave or in any other circumstances, the aggregate Edvo Fee payable to us shall not be reduced.
You undertake not to circumvent the provisions of this Section, including by postponing any payment agreed with the Employer.
It is being disclosed that we may resolve, in our discretion, to charge additional fees from Employers in connection with your Engagement or otherwise, without providing you any notice or otherwise derogating from our rights under this Section or these Terms.
TERMINATION: Edvo believes that you are making unauthorized use of the Services or that you are otherwise in violation of these Terms, it may suspend or terminate your access to Services, with or without notice, and without derogating from its rights herein or under law. Such action may result in a loss of your data. Without derogating from the foregoing, Edvo may terminate or suspend the Services, with or without reason or notice as it deems necessary or appropriate.
SUPPORT SERVICES: Generally, Edvo does not provide any support services. However, you may contact Edvo to determine if you are eligible to any support services. Entitlement is subject to Edvo’s discretion, and determined on a case-by-case basis.
DISCLAIMER: The Services are provided “as is”, “with all faults and errors” and “as available”. You bear the risk as to its quality and performance. Edvo gives no express, implied and statutory warranties, guarantees, or conditions in relation to the Services. Statutory warranties of any kind, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement or otherwise, as well as any warranties regarding security, reliability, timeliness, accuracy, and performance of the Services, are also expressly disclaimed, to the fullest extent permitted by law. Without derogating from any of the aforesaid, you acknowledge and agree that Edvo is not and shall not be responsible for the availability of the Platforms or any Third-Party Providers’ infrastructure or services, nor shall Edvo be responsible or liable for any damage caused to you due to any act or omission on behalf of such Third-Party Providers or your use of their services.
LIMITATION OF LIABILITY: Under no circumstances shall Edvo be liable for direct, indirect, incidental, punitive, exemplary, special, consequential or exemplary damages (including loss of use, data, business or profits), resulting from any aspect of your use of the Services, including, without limitation, damages that may arise from use or misuse or reliance or inability to use the Services or arise of any error or bug therein, and/or damages that may arise from the interruption, suspension, modification, alteration, or termination of the Services - with respect to all - whether such liability arises from a claim based upon contract, tort or otherwise, and whether Edvo has been advised of the possibility of such damages.
IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY AND VOLUNTARILY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION: You undertake to indemnify and hold harmless Edvo and its subsidiaries, affiliates, officers, directors and employees, from and against any and all liability, losses, claims, damages and expenses, including but not limited to reasonable attorney’s fees and costs of litigation, caused as a result or in relation to your breach of these Terms and/or your use of the Services.
In the event of a dispute arising under or related to these Terms that cannot be resolved amicably between the parties, the dispute shall be resolved through binding arbitration, conducted in the State of California, City of Los Angeles, by a sole arbitrator in the English language, and in accordance with the rules and procedures set forth by American Arbitration Association (“AAA”). The sole arbitrator shall be appointed by agreement of the parties. In the event the parties fail to agree upon the appointment of the sole arbitrator within thirty (30) days after a notice of arbitration is given by either party to the other, then the arbitrator shall be selected and appointed by the AAA. The arbitration award and/or determination shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the foregoing, Edvo may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
SURVIVING SECTIONS: The Sections titled “Disclaimer”, “Limitation of Liability “Indemnification”, “Intellectual Property Rights”, “Edvo Fees; Payment” and “Governing Law and Jurisdiction” and the other provisions herein that preserve Edvo’s rights in and with respect to the Services will survive any termination or expiration of these Terms.
TECHNOLOGY AND EXPORT RESTRICTIONS: The Services, and any derivatives thereof, available to you, are subject to the export laws and regulations of the United States and other jurisdictions. In particular, but without limitation, the Services may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Last Updated: February 26, 2019