These Terms of Service (these "Terms") form a binding legal contract between you and ABOVO.JOBS Inc., a Delaware corporation with offices at 405 Lexington Avenue, Floor 9, New York, NY 10174 ("ABOVO," "we," "us," or "our"). They govern your access to and use of the ABOVO website at abovo.jobs and its subdomains (including app.abovo.jobs and business.abovo.jobs), the ABOVO mobile applications, and any related products, features, content, and services we provide (collectively, the "Service").
BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND ANY OTHER POLICIES REFERENCED HEREIN. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
IMPORTANT — PLEASE READ CAREFULLY. Section 18 (Dispute Resolution) contains a binding arbitration provision and a class-action waiver. These provisions affect your legal rights, including your right to file a lawsuit in court or to participate in a class action. You may opt out of arbitration within 30 days of first accepting these Terms, as described in Section 18.
1. About ABOVO
1.1 What ABOVO Is. ABOVO operates a digital marketplace and job-discovery platform that connects U.S.-based employers ("Employers") with U.S.-based job seekers ("Job Seekers") for the purpose of advertising employment opportunities and enabling Job Seekers to express interest in them. We offer Employers tools to create and publish job listings ("Listings"), and we offer Job Seekers a swipe-based discovery feed of Listings tailored to their stated preferences and location.
1.2 What ABOVO Is Not. ABOVO is not an employer, an employment agency, a staffing agency, a recruiter, a headhunter, a background-screening company, or a consumer reporting agency. We do not vet, screen, endorse, hire, employ, or place any Job Seeker, and we do not select or screen Employers beyond verifying basic registration information. We are a technology platform that hosts and organizes content provided by our users. All hiring, employment, compensation, and worker-classification decisions are made solely by Employers.
1.3 ABOVO Principles. We have built ABOVO around three commitments: (a) a CV-free experience — Job Seekers build their profile through guided swipes rather than uploading a résumé; (b) fair recruiting — our platform discourages "ghosting" and provides Job Seekers with proactive status updates; and (c) a safe environment — we do not tolerate hate speech, harassment, illegal activity, or content that exploits or endangers any person. These principles are not legal warranties but reflect how we design and operate the Service.
2. Definitions
In addition to terms defined elsewhere in these Terms, the following capitalized terms have the meanings set forth below:
"Account" means a registered profile on the Service, whether for an Employer or a Job Seeker.
"Application" means a Job Seeker's expression of interest in a specific Listing submitted through the Service.
"Content" means all text, images, video, audio, links, ratings, profile data, Listings, messages, and other materials posted, transmitted, or otherwise made available through the Service by any user.
"Effective Date" means the date set forth above on which these Terms take effect.
"Employer" means a verified business entity that registers for an Employer Account to post Listings and engage with Job Seekers.
"Job Seeker" means an individual aged 18 or older who registers for a Job Seeker Account to discover and apply to Listings.
"Listing" means a job advertisement created by an Employer and published through the Service.
"Matching Engine" means ABOVO's proprietary ranking technology that organizes the order in which Listings appear in a Job Seeker's discovery feed based on declared preferences, location, and signals derived from in-app behavior. The Matching Engine is a ranking and discovery tool only; it does not make screening or hiring decisions about individual Job Seekers.
"Offer" means an electronic employment proposal sent by an Employer to a Job Seeker through the Service and which the Job Seeker may accept or decline within the Service.
"Tokens" means non-monetary internal credits that Employers purchase and use to pay for Listing duration and other Service features, as further described in Section 5.4.
"User" means any person who accesses or uses the Service, including Employers and Job Seekers.
3. Eligibility and Accounts
3.1 General Eligibility. The Service is currently available only to Users physically located in the United States. We may, in our discretion, block access from certain jurisdictions or IP ranges. You may not use the Service if you are barred from doing so under applicable law or if you are accessing the Service from a jurisdiction we have restricted.
3.2 Account Registration. To use most features, you must create an Account. You agree to (a) provide accurate, current, and complete information; (b) maintain and promptly update your information; (c) keep your credentials confidential; and (d) be responsible for all activity that occurs under your Account. You may not transfer, share, or sell your Account.
3.3 Verification. We may require email verification (including one-time passcodes), and for Employers, registration of a valid U.S. tax identification number or business registration number prior to purchasing Tokens. We may suspend or terminate any Account that we believe contains false, incomplete, or fraudulent information.
3.4 One Account Per User. Each individual may maintain only one Job Seeker Account. Each Employer is currently limited to a single user-administrator. Multi-administrator team functionality is not available in the current version of the Service.
4. Description of the Service
4.1 Discovery and Matching. Job Seekers interact with the Service through a swipe-based discovery feed of Listings. The order of Listings in the feed is determined by the Matching Engine based on the Job Seeker's declared preferences (such as location and desired job type) and signals derived from prior swipes. The Matching Engine ranks Listings for relevance; it does not advance, reject, score, or otherwise make a screening decision about any individual Job Seeker.
4.2 In-App Communications. Once a Job Seeker has expressed interest in a Listing, the Employer and Job Seeker may communicate through ABOVO's in-app messaging, voice, or video features. The Service initially displays only the Job Seeker's first name to the Employer; additional identifiers are revealed only as the parties progress through the recruiting workflow. Sharing or soliciting personal contact information (email, phone) outside the Service during the recruiting process is prohibited under Section 9 and Section 5.10.
4.3 Electronic Offers. The Service enables Employers to send Offers to Job Seekers, who may electronically accept or decline within the app. An Offer accepted through the Service is intended to evidence the parties' agreement on the basic terms of an employment relationship. Final employment terms — including any written employment agreement, wage rate, schedule, benefits, and onboarding documentation — are the sole responsibility of the Employer and Job Seeker.
4.4 No Employment Relationship with ABOVO. ABOVO does not employ any Job Seeker, is not party to any Offer, and is not responsible for the performance, payment, or treatment of any Job Seeker by any Employer, or for any conduct of any Job Seeker on the job.
5. Provisions Applicable to Employers
This Section 5 applies only to Employers. Job Seekers should see Section 6.
5.1 Employer Eligibility
To register as an Employer, you must be a duly organized business entity (such as a corporation, limited liability company, partnership, or sole proprietorship) lawfully operating in the United States. You represent and warrant that the individual creating the Employer Account is authorized to bind the entity to these Terms. Individuals seeking household help or other personal-capacity hiring are not currently eligible to register as Employers.
5.2 Posting Listings
5.2.1 Permitted Listings. Employers may post Listings for lawful employment in the United States across any worker classification (full-time, part-time, temporary, seasonal, intern, apprentice, W-2 employee, 1099 independent contractor, or gig), provided that the Listing accurately reflects the position offered and the Employer's lawful classification of the worker.
5.2.2 Prohibited Listings. Employers may not post any Listing that:
promotes a multi-level marketing scheme, pyramid scheme, or any opportunity for which the worker is required to pay a fee, purchase inventory, or otherwise outlay funds in order to be considered or hired;
offers compensation solely in the form of equity, with no cash, wage, or other monetary consideration;
promotes adult, sexual, or 18+ services or content;
describes work that does not lawfully permit U.S. employment authorization to be required (other than as required by applicable federal law);
involves work that is unlawful, dangerous without proper licensing, or violates U.S. federal, state, or local labor, safety, or licensing laws;
contains discriminatory preferences, statements, or limitations based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or over), disability, genetic information, citizenship status, military or veteran status, marital status, criminal history (in jurisdictions where so protected), or any other protected characteristic under applicable law;
contains false or misleading information, including misrepresentations as to the identity of the Employer, the nature of the work, compensation, or required qualifications;
infringes any third-party intellectual property, privacy, publicity, or other right; or
violates Section 9 (Acceptable Use) or any other provision of these Terms.
5.2.3 Listing Duration. Each Listing has a maximum life of sixty (60) calendar days from initial activation, after which it is automatically retired. To continue advertising the position thereafter, the Employer must create a new Listing.
5.2.4 No Editing of Live Listings. Listings cannot be edited once active. To change a Listing, the Employer must close it and post a new one.
5.2.5 No Sponsored Placement. All Listings are surfaced through the Matching Engine on equal algorithmic footing. ABOVO does not currently offer paid sponsorship, boosted placement, or featured-listing services.
5.3 Employer Compliance Representations
By posting a Listing, sending an Offer, or otherwise using the Service, the Employer represents, warrants, and covenants that:
it will comply with Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act ("ADEA"), the Americans with Disabilities Act ("ADA"), the Genetic Information Nondiscrimination Act, the Equal Pay Act, and all other applicable federal, state, and local employment, anti-discrimination, and equal-opportunity laws, including the New York State Human Rights Law and the New York City Human Rights Law;
it will comply with the New York Pay Transparency Law and any other applicable wage-disclosure law, including by stating a good-faith salary or wage range in each Listing where required;
it will comply with the New York State Fair Chance Act, the New York City Fair Chance Act, and all other applicable "ban-the-box" or fair-chance laws, including by not including in any Listing language indicating that applicants with criminal histories will not be considered;
it will comply with the Fair Credit Reporting Act ("FCRA"), the New York Fair Credit Reporting Act, and any other applicable consumer reporting law if it conducts background checks on Job Seekers (which it acknowledges ABOVO does not perform on its behalf);
it will comply with the Fair Labor Standards Act, applicable state wage and hour laws (including New York Labor Law), and all child-labor laws — and is solely responsible for ensuring that any hired Job Seeker is of legal working age for the position;
it will complete a Form I-9 and otherwise verify employment authorization in compliance with the Immigration Reform and Control Act for any Job Seeker it hires; and
it is solely responsible for classification of workers as employees or independent contractors, including all related tax, withholding, payroll, workers' compensation, unemployment, and benefits obligations.
5.4 Token-Based Pricing
5.4.1 Tokens Defined. Tokens are non-monetary internal credits used to pay for Listing duration and certain Service features. Tokens are not currency, not legal tender, not redeemable for cash, not transferable between Accounts, and have no value outside the Service. The current Token price is U.S. $3.50 per Token, exclusive of applicable taxes. ABOVO may change Token pricing at any time on prospective notice; price changes do not affect Tokens already purchased.
5.4.2 Activation Bundle and Daily Consumption. Activating a new Listing requires the consumption of a minimum of five (5) Tokens, which keeps the Listing active for five (5) consecutive calendar days (each "Listing Day"). A Listing Day ends at 11:59:59 PM in the time zone designated for the Listing. After the initial five Listing Days, the Listing automatically consumes one (1) additional Token per Listing Day until (a) the Employer pauses or closes the Listing, (b) the Employer's Token balance is insufficient, or (c) the Listing reaches its sixty (60)-day maximum life.
5.4.3 Insufficient Balance. If the Employer's Token balance is insufficient to cover the next Listing Day, the Listing will be paused automatically. The Listing will not resume until the Employer purchases additional Tokens.
5.4.4 Auto-Recharge. The Employer may elect to enable automatic Token recharge, under which the Service will, when the Employer's Token balance falls below an Employer-defined threshold, purchase a pre-set quantity of Tokens using the payment method on file. Auto-recharge is opt-in, may be disabled by the Employer at any time, and constitutes the Employer's express advance authorization for each recharge transaction. ABOVO is not responsible for declined transactions, overdraft fees, or other consequences arising from auto-recharge.
5.4.5 Token Expiration. Tokens expire twenty-four (24) months after the date of purchase. Expired Tokens are forfeited without refund. ABOVO will provide at least one email notice to the Employer no later than thirty (30) days prior to expiration.
5.4.6 Sales and Other Taxes. Token prices and other Service fees are exclusive of all applicable sales, use, value-added, goods-and-services, withholding, and similar taxes ("Taxes"), other than Taxes on ABOVO's net income. Applicable Taxes will be added to the purchase price at checkout, calculated based on the Employer's billing address and the applicable tax rules of the relevant jurisdiction, and remitted by ABOVO where ABOVO is required by law to collect such Taxes. The Employer is responsible for all other Taxes arising from its use of the Service. If the Employer is exempt from Taxes, it must provide ABOVO with a valid exemption certificate.
5.4.7 No Refunds. Except where required by applicable law, all Token purchases and other Service fees are final and non-refundable. Tokens that have been consumed (in whole or part), Listings that have been activated, and Listings that have been paused, closed, or removed (whether by the Employer or by ABOVO under these Terms) are not eligible for refund or credit.
5.4.8 Payment Processor; No Stored Card Data. All Token purchases are processed by Stripe, Inc. ("Stripe"). ABOVO does not collect or store full payment-card data. The Employer's use of Stripe is subject to Stripe's terms and conditions, which the Employer is responsible for reviewing.
5.4.9 Chargebacks. If a chargeback or payment reversal is initiated against ABOVO with respect to any Token purchase, ABOVO may (a) charge a chargeback handling fee of U.S. $50 per disputed transaction, (b) immediately suspend or terminate the Employer's Account, and (c) recover any unpaid amounts, including reasonable collection costs and attorneys' fees, from the Employer.
5.5 Anti-Circumvention
The Employer agrees not to circumvent or attempt to circumvent the Service, including by (a) soliciting any Job Seeker first identified through the Service to communicate, interview, contract, or be hired outside the Service in order to avoid Service fees or these Terms; (b) sharing or requesting personal contact information (such as email address, phone number, or external messaging handle) during the recruiting process prior to the parties' express, mutual consent through an exchanged and accepted Offer; or (c) using the Service to harvest, collect, or compile Job Seeker information for purposes unrelated to a specific bona fide Listing.
5.6 Communications to Job Seekers
The Employer may communicate with Job Seekers solely through the in-app messaging, voice, and video features provided by the Service, and solely in connection with a bona fide Application, recruiting process, or Offer. The Employer may not (a) send unsolicited marketing communications, (b) contact Job Seekers via SMS or telephone except where a Job Seeker has expressly authorized such contact for purposes of a specific recruiting matter, or (c) re-use Job Seeker contact information for any purpose other than the specific recruiting process for which it was obtained.
6. Provisions Applicable to Job Seekers
This Section 6 applies only to Job Seekers. Employers should see Section 5.
6.1 Job Seeker Eligibility
To register as a Job Seeker, you must be at least eighteen (18) years of age and physically located in the United States. By registering, you represent and warrant that you meet these criteria. ABOVO does not allow individuals under 18 to use the Service. If we learn that a User is under 18, we will terminate the Account and delete associated personal information.
Eighteen (18) is the minimum age to use the Service. It is not a representation that any particular position is lawful for a worker of that age. State and local child-labor laws may impose higher minimums for specific roles, and it is the Employer's responsibility under Section 5.3 to ensure that any hired Job Seeker is of lawful working age for the position offered.
6.2 Registration Information
To create a Job Seeker Account, you provide the following at registration: email address, first name, age (year of birth), the type of work you are seeking, a profile photograph, and the location where you are seeking work. We verify your email address through a one-time passcode. We do not collect a résumé.
6.3 Profile-Building Through Use
Rather than uploading a résumé, you build your profile by interacting with the Service. As you swipe left or right on Listings and respond to in-app prompts (for example, "Do you have at least a high-school equivalent education?"), the Matching Engine records your responses and refines the Listings shown to you. You may review and update profile information collected in this manner from your Account settings, subject to certain technical limitations described in the Service. The Matching Engine ranks Listings for relevance to you; it does not make any hiring or screening decision about you.
6.4 No Fees for Job Seekers
Use of the Service by Job Seekers is, and is intended to remain, free of charge. ABOVO will not charge Job Seekers for any feature of the Service that exists as of the Effective Date. If ABOVO introduces optional paid features for Job Seekers in the future, those features will be clearly identified and will require separate, affirmative opt-in.
6.5 Communications with Employers
When a Job Seeker expresses interest in a Listing, the Service may share with the Employer the Job Seeker's first name, profile photograph, location, and information derived from the Job Seeker's in-app interactions (such as preferences and responses). Additional identifying information (such as last name and contact details) is shared only as the recruiting workflow progresses, including following the exchange and acceptance of an Offer. The Job Seeker may not be required to share contact information outside the Service prior to such progression.
6.6 No Solicitation; No Misrepresentation
A Job Seeker may not (a) create more than one Job Seeker Account; (b) misrepresent personal information, qualifications, age, work eligibility, or identity; (c) impersonate any other person; (d) use the Service to harass, threaten, or harm any Employer or other User; or (e) attempt to circumvent the Service by soliciting Employers to communicate, contract, or hire outside the Service.
7. AI Features, Matching Engine, and Automated Listing Closure
7.1 AI-Generated Job Descriptions
The Service may offer Employers a tool that assists with drafting Listing copy using a third-party large language model (currently provided by Google). The Employer reviews, edits as desired, and publishes the resulting Listing. The Employer is solely responsible for the content of each published Listing, including its accuracy, completeness, and compliance with applicable law (including the representations in Section 5.3). ABOVO makes no warranty as to the accuracy, suitability, or legal compliance of AI-generated draft text.
7.2 The Matching Engine
The Matching Engine is a ranking and discovery technology. It uses Job Seeker preferences, location, and in-app behavioral signals to determine the order in which Listings appear in a Job Seeker's feed. The Matching Engine is not used by ABOVO to make, advance, reject, score, or substantially assist any hiring, screening, or other employment decision concerning any individual Job Seeker. All decisions to advance, message, offer, hire, or decline any Job Seeker are made by the Employer through manual review and in-app interaction.
7.3 Automated Listing Closure ("No-Ghosting" Feature)
To discourage unresponsive Employers and to provide Job Seekers with status visibility, the Service automatically closes a Listing if the Employer fails to engage with new Applications for thirty (30) consecutive calendar days. Beginning on the twentieth (20th) day of inactivity, the Service displays a "no-ghosting" status indicator to affected Job Seekers and sends a reminder to the Employer. Closure under this Section 7.3 is a Listing-level event affecting the Listing as a whole and is not an automated screening or rejection decision concerning any individual Job Seeker.
7.4 Compliance with Automated-Decision Laws
Notwithstanding Sections 7.2 and 7.3, where any applicable law — including New York City Local Law 144 of 2021 and the rules thereunder ("NYC AEDT Law") — requires notice, bias audit, candidate disclosure, or other compliance action with respect to any feature of the Service, ABOVO will (a) implement such notice, disclosure, or audit on its own behalf where ABOVO is the regulated entity, and (b) require Employers, as a condition of using the Service, to comply with such requirements where the Employer is the regulated entity. Employers are independently responsible for assessing whether their own use of the Service (including any internal tools they use in conjunction with the Service) triggers the NYC AEDT Law or any similar law.
8. Notifications and Electronic Communications
8.1 Channels. We may send Users notifications through (a) email to the address associated with the Account, and (b) in-app push notifications on supported mobile devices. We do not currently send SMS or telephone communications.
8.2 Transactional Communications. Certain communications are necessary to the operation of the Service (for example, Account verifications, payment confirmations, Listing status updates, Application notifications, and policy changes). Users may not opt out of these transactional communications while maintaining an active Account.
8.3 Marketing Communications. Marketing emails will include an unsubscribe link in compliance with the CAN-SPAM Act. You may unsubscribe at any time without affecting transactional communications.
8.4 Electronic Records. You consent to receive communications, agreements, disclosures, and notices from ABOVO in electronic form, and you agree that such electronic communications satisfy any legal requirement that such communication be in writing. This Section 8.4 constitutes your consent under the federal Electronic Signatures in Global and National Commerce Act ("E-SIGN") and applicable state law.
9. Acceptable Use
You agree not to, and not to authorize or assist any third party to:
use the Service for any unlawful purpose or in violation of any applicable federal, state, or local law;
post, transmit, or distribute Content that is unlawful, fraudulent, defamatory, obscene, sexually explicit, hateful, harassing, threatening, or that exploits or endangers a minor;
post Content that infringes any patent, trademark, copyright, trade secret, right of publicity, right of privacy, or other proprietary or contractual right;
post fake, duplicative, or misleading Listings, Accounts, profiles, identities, or information;
attempt to circumvent, disable, or interfere with security or access-control features of the Service;
access the Service through automated means, including scraping, crawling, harvesting, or any non-public API (other than ABOVO's official mobile or web clients used in their intended manner);
reverse engineer, decompile, or attempt to derive the source code or underlying ideas of the Service, except to the extent applicable law expressly permits despite this limitation;
introduce malware, viruses, or other harmful code;
use the Service to discriminate against any person on any basis prohibited by law;
solicit, collect, or store any User's personal information for any purpose unrelated to a specific bona fide Listing, Application, or Offer; or
use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other User's use and enjoyment of the Service.
10. User Content
10.1 Ownership. As between you and ABOVO, you retain ownership of all Content you submit to the Service ("Your Content").
10.2 License to ABOVO. By submitting Your Content to the Service, you grant ABOVO a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, host, store, reproduce, modify (for technical purposes such as resizing, transcoding, and security review), create derivative works of, display, perform, and distribute Your Content for the purpose of (a) operating, providing, improving, and promoting the Service; (b) performing the functions you have specifically requested (for example, displaying your Listing to Job Seekers, or sharing your profile information with Employers in connection with an Application); and (c) complying with legal obligations. This license terminates when you remove Your Content from the Service, except that (i) ABOVO may retain copies for legal-compliance, dispute-resolution, and backup purposes for a reasonable period, and (ii) sublicenses granted to others before removal may continue in accordance with their terms.
10.3 Representations About Your Content. You represent and warrant that (a) you own Your Content or have all rights necessary to grant the license in Section 10.2; (b) Your Content does not violate any law or any third-party right; and (c) Your Content is accurate and not misleading.
10.4 Feedback. If you submit suggestions, ideas, or feedback about the Service ("Feedback"), you grant ABOVO a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use the Feedback for any purpose, without obligation to you. ABOVO is not required to keep Feedback confidential.
11. Moderation, Suspension, and Termination
11.1 Moderation. ABOVO uses a combination of automated systems and human review to enforce these Terms and to maintain the quality of the Service. Users may report violations to support@abovo.jobs. ABOVO is not obligated to monitor all Content but reserves the right to do so. ABOVO may remove, refuse, edit, or restrict access to any Content at any time, with or without notice, in its sole discretion.
11.2 Enforcement Levels. ABOVO may, in its discretion and depending on the nature and severity of the violation, (a) issue an emailed warning, (b) temporarily suspend the Account, or (c) permanently terminate the Account. ABOVO may skip any of these steps for serious violations, including those involving illegal conduct, safety, or fraud.
11.3 Appeals. A User whose Account has been suspended or terminated may submit a written appeal to legal@abovo.jobs within thirty (30) days. ABOVO will review and respond, but its decision on appeal is final.
11.4 Termination by You. You may terminate your Account at any time through the Service. Termination does not entitle the Employer to a refund of any Tokens purchased; consumed Tokens and Listing fees are non-refundable as set forth in Section 5.4.7.
11.5 Termination by ABOVO. ABOVO may suspend or terminate your Account or your access to the Service at any time, with or without cause and with or without notice. Where termination is without cause, ABOVO will use commercially reasonable efforts to provide reasonable advance notice.
11.6 Effect of Termination. Upon termination, your right to access and use the Service ends, but the provisions of these Terms that by their nature should survive termination (including Sections 2, 9, 10.2, 10.4, 12 through 21, and any payment obligations) will survive.
12. Intellectual Property
12.1 ABOVO IP. The Service, including all software, algorithms (including the Matching Engine), text, graphics, designs, logos, trademarks, trade dress, audiovisual content, and other materials provided by ABOVO, and all intellectual property rights therein, are owned by ABOVO or its licensors. Except for the limited rights expressly granted to you in these Terms, no rights are granted to you in or to the Service or any ABOVO intellectual property.
12.2 Trademarks. ABOVO, ABOVO.JOBS, and the ABOVO logo are trademarks of ABOVO.JOBS Inc. You may not use these marks except as expressly permitted in writing. All other trademarks are the property of their respective owners.
12.3 License to You. Subject to your compliance with these Terms, ABOVO grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Service for its intended purpose.
13. Privacy
Our collection and use of personal information are described in our Privacy Policy, available at abovo.jobs/privacy, which is incorporated by reference into these Terms. By using the Service, you acknowledge that you have read and understood the Privacy Policy. We do not sell personal information to third parties.
14. Copyright and DMCA Notice
ABOVO complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). If you believe that any Content on the Service infringes your copyright, you may submit a written notice to ABOVO's designated agent containing the information required by 17 U.S.C. § 512(c)(3):
a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing and information reasonably sufficient to permit ABOVO to locate it;
contact information for the complaining party;
a statement that the complaining party has a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
a statement, under penalty of perjury, that the information in the notice is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Send notices to: ABOVO.JOBS Inc., DMCA Agent, 405 Lexington Avenue, Floor 9, New York, NY 10174 / dmca@abovo.jobs.
Counter-notifications may be submitted to the same address and must contain the information required by 17 U.S.C. § 512(g)(3). ABOVO will terminate, in appropriate circumstances, the Accounts of repeat infringers.
15. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABOVO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE "ABOVO PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, THE ABOVO PARTIES DO NOT WARRANT THAT:
• the Service will meet your requirements or expectations;
• the Service will be uninterrupted, timely, secure, or error-free;
• any defects will be corrected;
• any Employer will hire any Job Seeker, or that any Job Seeker is suitable, qualified, or truthful;
• any Job Seeker will accept any Offer, or perform any work to any standard;
• any Content posted by any User is accurate, complete, lawful, or non-infringing;
• ABOVO conducts background checks, reference checks, identity verification beyond the basic registration described herein, or any other vetting of any User; or
• the Service complies with any specific laws applicable to a particular Employer or Job Seeker.
ABOVO is not a party to, and is not responsible for, any employment relationship, offer, contract, agreement, communication, payment, or conduct that arises between an Employer and a Job Seeker. Each Employer and Job Seeker is solely responsible for its own decisions and actions.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are not permitted, the foregoing exclusions apply only to the maximum extent permitted by law.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
16.1 NO INDIRECT DAMAGES. In no event will the ABOVO Parties be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, including damages for lost profits, lost revenues, lost data, lost goodwill, business interruption, or substitute services, arising out of or relating to these Terms or the Service, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if the ABOVO Parties have been advised of the possibility of such damages.
16.2 CAP ON DIRECT DAMAGES. The aggregate liability of the ABOVO Parties to you for all claims arising out of or relating to these Terms or the Service is limited to the greater of (a) one hundred U.S. dollars (U.S. $100), or (b) the total amount you paid to ABOVO in the twelve (12) months immediately preceding the event giving rise to the claim.
16.3 BASIS OF THE BARGAIN. The limitations in this Section 16 are an essential part of the basis of the bargain between you and ABOVO. The Service would not be provided to you without these limitations.
16.4 EXCEPTIONS. Some jurisdictions do not allow certain limitations of liability. To the extent that any such limitation is not permitted, it applies only to the maximum extent permitted by law.
17. Indemnification
You agree to defend, indemnify, and hold harmless the ABOVO Parties from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
your access to or use of the Service;
your Content;
your breach or alleged breach of these Terms;
your violation or alleged violation of any law or any right of any third party;
any employment, hiring, or worker-classification decision you make (if you are an Employer); and
any misrepresentation you make to ABOVO, an Employer, or any third party in connection with the Service.
ABOVO may, at its option, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with ABOVO's defense. You may not settle any matter without ABOVO's prior written consent.
18. Dispute Resolution; Binding Arbitration; Class-Action Waiver
PLEASE READ THIS SECTION 18 CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION.
18.1 Informal Resolution. Before initiating any formal proceeding, you and ABOVO agree to use good-faith efforts to resolve the dispute informally by contacting the other party in writing (for ABOVO, at legal@abovo.jobs) and providing a description of the dispute, the relief requested, and contact information. The parties will attempt in good faith to resolve the dispute within sixty (60) days of receipt of the notice.
18.2 Binding Arbitration. If the dispute is not resolved informally, you and ABOVO agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between you and ABOVO (a "Dispute") will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, if applicable, its Consumer Arbitration Rules, which are available at adr.org. The arbitration will be conducted by a single arbitrator. The seat of arbitration will be New York, New York, although the arbitrator may permit telephonic or video hearings. Judgment on the award may be entered in any court of competent jurisdiction.
18.3 Class-Action and Jury-Trial Waivers. You and ABOVO agree that each may bring claims against the other only in your or its 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 preside over any form of representative or class proceeding. You and ABOVO each waive any right to a trial by jury.
18.4 Small-Claims Exception. Notwithstanding Section 18.2, either party may bring an individual claim in a small-claims court of competent jurisdiction, provided that the claim remains in that court and is brought on an individual (non-class, non-representative) basis.
18.5 Opt-Out of Arbitration. You may opt out of the arbitration provisions of this Section 18 by sending written notice of your decision to opt out to legal@abovo.jobs within thirty (30) days of the date you first accept these Terms. The notice must include your name, the email address associated with your Account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.
18.6 Governing Law. These Terms and any Dispute (whether or not subject to arbitration) are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any matter not subject to arbitration, you and ABOVO consent to the exclusive jurisdiction of the state and federal courts sitting in New York County, New York, including the United States District Court for the Southern District of New York.
18.7 Severability of this Section. If any portion of this Section 18 (other than the class-action waiver in Section 18.3) is held invalid or unenforceable, the remaining portions will continue in force. If the class-action waiver in Section 18.3 is held invalid or unenforceable as to any claim, that claim will be severed and litigated in the courts identified in Section 18.6, but the arbitration provisions will continue to apply to all other claims.
19. Changes to These Terms
ABOVO may modify these Terms from time to time. If we make material changes, we will provide notice through (a) email to the Account email address, and (b) an in-app notice in the documents or policies section, in each case at least thirty (30) days before the changes take effect. Non-material changes (such as clarifications, typographical corrections, or changes to contact information) may take effect immediately. Your continued use of the Service after a change becomes effective constitutes your acceptance of the changed Terms. If you do not agree, you must stop using the Service and may terminate your Account.
20. Term
These Terms apply from the moment you first access or use the Service and continue until terminated in accordance with Section 11.
21. General
21.1 Entire Agreement. These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and ABOVO concerning the Service and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.
21.2 Assignment. You may not assign these Terms or any rights or obligations hereunder, by operation of law or otherwise, without ABOVO's prior written consent. ABOVO may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, financing, reorganization, or sale of all or substantially all of its assets or stock. Any attempted assignment in violation of this Section is void.
21.3 No Waiver. Any failure or delay by ABOVO to enforce any provision of these Terms is not a waiver of its right to do so later. Any waiver must be in writing and signed by an authorized representative of ABOVO.
21.4 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable.
21.5 Force Majeure. ABOVO is not liable for any failure or delay in performance resulting from any cause beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, pandemic, labor disputes, governmental action, internet or telecommunications failures, or third-party service outages.
21.6 No Agency. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and ABOVO.
21.7 No Third-Party Beneficiaries. Except for the ABOVO Parties identified in Sections 15 through 17, there are no third-party beneficiaries to these Terms.
21.8 Headings. Section headings are for convenience only and have no substantive effect.
21.9 Interpretation. The word "including" means "including without limitation." References to laws, regulations, or rules include any successor laws, regulations, or rules.
21.10 Notices to You. ABOVO may give notices to you by email to the address associated with your Account, by in-app notification, or by posting on the Service. Notices are effective when sent.
21.11 Notices to ABOVO. You must send legal notices to ABOVO at: ABOVO.JOBS Inc., Attn: Legal, 405 Lexington Avenue, Floor 9, New York, NY 10174 / legal@abovo.jobs.
21.12 Export Control. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.
21.13 Government Users. If you are accessing the Service on behalf of a U.S. government entity, the Service is "commercial computer software" and "commercial computer software documentation" under 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202, and use is subject to these Terms.
22. Contact Us
Questions about these Terms or the Service:
ABOVO.JOBS Inc.
405 Lexington Avenue, Floor 9
New York, NY 10174, United States
General support: support@abovo.jobs
Legal notices: legal@abovo.jobs
DMCA: dmca@abovo.jobs
— End of Terms of Service —