Terms and Conditions
1. Acceptance of Terms
Welcome to Startup Talent! By accessing or utilizing the services provided by Startup Talent, you are acknowledging that you have read, understood, and agree to comply with the following Terms and Conditions.
If you do not agree to these Terms and Conditions, kindly refrain from accessing or using our services.
2. Site and Services
At Startup Talent, we specialize in providing Professional Employer Organization (PEO) and Employer of Record (EOR) services tailored to startups in search of international talent outside the United States.
Our services encompass a wide array of offerings, including but not limited to employee onboarding, payroll management, benefits administration, tax compliance, and employment administration.
3. Client Responsibilities
Clients are obligated to furnish Startup Talent with accurate and comprehensive information necessary for the efficient delivery of our services. Clients are further responsible for adhering to all pertinent laws and regulations related to employment, taxation, and benefits.
Clients are required to fulfill the financial obligations as specified in the mutually agreed-upon contract. Details regarding payment terms and methods will be clearly outlined in the contract. Failure to meet payment deadlines may lead to the suspension of services.
Startup Talent is committed to upholding the confidentiality of all client information and business operations.
Either party reserves the right to terminate the services by providing written notice to the other party. Such termination will not absolve the Client from their obligation to remit payment for services rendered prior to the termination date.
7. Limitation of Liability
Startup Talent shall not be held liable for any indirect, incidental, special, consequential, or punitive damages. This includes but is not limited to loss of profits or revenues, data, use, or goodwill. This limitation applies whether the damages are incurred directly or indirectly, or result from your use or inability to use our services, or any unauthorized access to or use of our servers and/or any personal information stored therein.
8. Governing Law
These Terms and Conditions are governed by the laws of the United States, without regard to its conflict of law principles.
9. Changes to Terms and Conditions
Startup Talent reserves the right to modify or revise these Terms and Conditions at any time. Continued use of our services following any modifications indicates your acceptance of the updated Terms and Conditions.
Startup Talent General Terms
Content Ownership, Responsibility And Removal
Definitions: In the context of these Terms, “Content” refers to text, graphics, images, music, software, audio, video, data, works of authorship, and other materials accessible through the Services. “User Content” pertains to any content, including profile information, communications, and postings, provided by you or any user of your account for availability through the Services.
Ownership of Our Content: We do not assert ownership over User Content, preserving your rights to use and exploit it. However, regarding the Services and Content, we exclusively own all related intellectual property rights. The Services and Content are safeguarded by copyright, trademark, and other laws of the United States and foreign countries. You agree not to alter or obscure any copyright, trademark, or proprietary rights notices in the Services or Content. It’s important to note that Startup Talent does not investigate Users’ backgrounds or validate their provided Content, although it retains the right to conduct background checks using publicly available sources.
Your Grant of Rights in User Content: By making User Content available via the Services, you grant us a non-exclusive, perpetual, irrevocable, transferable, worldwide, royalty-free license to use, copy, modify, create derivative works, distribute, publicly display, and publicly perform your User Content. This license allows us to operate, enhance, promote, and provide the Services and Content to you and other Users.
Your User Content Responsibility: You are solely responsible for your User Content. You confirm that you either own it or possess all necessary rights to grant us the license rights under these Terms. Moreover, your User Content, its provision through the Services, and our use of it should not infringe upon third-party intellectual property rights, rights of publicity or privacy, moral rights, or violate any applicable laws, rules, or regulations.
User Content Removal: You can delete your User Content, but in some cases (such as posts, comments, profile information, or messages), it may not be entirely removed, and copies might persist on the Services. We are not liable for the removal or retention of your User Content.
Content Control Rights: Startup Talent reserves the option to monitor, edit, remove, or otherwise manage Content posted through the Site and Services, although it is not obligated to do so. Our decision not to exercise this right does not entitle you to file a claim against Startup Talent. Content uploaded through the Services may be deleted or modified without prior notice.
In this section, we outline the specific obligations and constraints essential for your access and use of the Site and Services.
Our primary aim is to establish the Site and Services as a platform fostering connections between Candidates and Employers, enabling positive employment relationships. To contribute to this objective, you affirm that:
You possess the rightful authority and capacity to accept the Terms both for yourself and any entity you represent.
You are at least 18 years old and have endorsed your participation on Startup Talent.
Your use of the Site and Services complies with your residence, organizational jurisdiction, citizenship, or location regulations.
You are solely responsible for safeguarding your login details, including your User ID and password.
Any third parties you represent concerning the Site or Services (such as entities, employers, or recruiting agencies) will be disclosed to us beforehand.
You will promptly update your registration details and any Content you provide to maintain accuracy and completeness.
All interactions with Startup Talent, the Site, Services, and other Users will be conducted professionally and honestly. This includes refraining from any defamatory, threatening, or misleading language or content.
In case Startup Talent is not recognized as the licensee of any User Content shared on the Site, including Moral Rights, you consent to actions taken by Startup Talent regarding licenses and agree not to assert any Moral Rights related to it.
Your User Content may be viewable by other Users; Startup Talent is not liable for any third-party republication of this content, whether in accordance with or in breach of the Terms.
You will not publish inaccurate or deceptive User Content, and any jobs listed on the Services will be accurately described concerning their nature, location, and compensation.
You acknowledge that Startup Talent does not verify the completeness, accuracy, or truthfulness of any Content or communications posted via the Site or Services.
By using the Services, you may encounter inappropriate or offensive Content. In such cases, you absolve Startup Digital, its affiliates, employees, and representatives from any liability.
Advertisements or similar items may be included in the Services, and you waive any claims against Startup Talent concerning their placement.
Communication with Candidates and Employers through the Services is limited to recruitment and hiring for jobs posted on the platform. Solicitation for unrelated purposes is prohibited.
If you are an Employer, your hiring process should not include atypical requirements, as determined by us.
You will comply with all applicable laws, rules, and regulations while using the Site and Services and engaging in any resulting contractual relationships.
Furthermore, you agree not to:
Use information that conceals your identity or impersonates another person.
Use login information belonging to another without proper authorization.
Create an account if previously removed or banned by Startup Talent.
Copy, disclose, or distribute Content except as permitted by the Terms.
Utilize Content from the Site or Services for commercial purposes or competition with Startup Talent.
Access the Site or Services in a manner causing excessive load on Startup Talent’s network.
Engage in inappropriate behavior towards Users or third parties.
Post fraudulent, false, misleading, or offensive User Content.
Interfere with the Site or Services’ system integrity or security.
Harm, modify, or disable Content provided by other Users.
Upload harmful software agents through the Site and/or Services.
Market competing services to Users identified through Startup Talent.
Transfer access to the Services to third parties.
Claim any right to access, view, or alter Startup Talent’s source code.
Encourage or enable others to undertake any of the above actions.
Privacy And Confidentiality
In this Section, we outline our guidelines concerning the acquisition and utilization of information gathered via the Services, alongside your obligations to maintain confidentiality regarding communications, identities, and other available Content.
By utilizing the Services, you may come across Content generated by fellow Users. You pledge not to duplicate, circulate, or reveal this Content, nor permit others to do so.
If you’re a Candidate, you commit to keeping all communications received from Employers (except job offers and their particulars) confidential. You agree not to disclose any job opportunities found through the Site or Services without the Employer’s explicit consent.
As an Employer, you pledge to maintain the confidentiality of Candidate identities and information. You vow not to divulge any details concerning a Candidate within your organization, except when essential for employment-related decisions regarding that Candidate.
Whether you’re a Candidate or an Employer, you undertake to employ suitable measures to safeguard the Content acquired from the Site against misuse or exposure.
Release And Indemnity
In this section, you agree to release Startup Talent and its affiliates from claims related to Content, Site, and Service usage. You also commit to covering any costs or losses incurred due to your actions on the Site and Services or breaches of the Terms.
Release: You unconditionally release any claims against Startup Talent and its affiliates, along with their directors, officers, managers, partners, employees, members, owners, shareholders, agents, and representatives (the “Startup Talent Parties”) relating to:
Site, Services, or Content usage, including any recommendations or referrals arising from your Startup Talent registration.
Inaccuracies, omissions, or misrepresentations in Content, and your reliance on the quality, accuracy, or reliability of job postings, profiles, and recommendations on the Site or Services.
Contractual or statutory obligations resulting from User communications, including employment or contractual relationships between Candidates and Employers, acknowledging Startup Talent’s non-involvement.
Violations of the Terms, including Content posted by other Users that is misleading, defamatory, obscene, or in breach of agreements or policies.
Misuse of Content by third parties, in violation of the Terms or applicable laws. Inability to access the Site, Services, or Content due to suspension, technical issues, or disruptions.
You’re responsible for your Site and Service use, Content, and its consequences, including how others utilize your Content. Employers and Candidates assume responsibility for correctly classifying Candidates. Startup Talent doesn’t control work conditions, hours, or payment methods. You accept the tax-related responsibilities for engagements from using the Site or Services.
You understand Startup Talent isn’t part of User relationships and dealings, including those between Employers and Candidates. Users are responsible for verifying Content accuracy, suitability, and negotiating agreements.
Specific Release: If your jurisdiction mandates specific release statements, such as waiving California Civil Code Section 1542, you comply with these requirements.
Indemnity: You agree to defend, indemnify, and hold Startup Talent Parties harmless from claims, damages, losses, and expenses due to:
Your Site or Service use, including third-party use with your login information. Violations of the Terms, applicable laws, or third-party rights.
Disputes with other Users, including those related to employment or contractual relationships.
Content you or third parties share with other Users.
Negligence, willful misconduct, or fraud by you or your Permissioned Users.
You’ll cover attorney’s fees, court costs, and other defense expenses related to these losses. Your indemnity obligations aren’t offset against claims you may have against Startup Talent Parties. These provisions persist after Account termination. You are solely responsible for the Content you upload, post, email, or transmit through the Site and Services.
Limitation Of Liability
By accepting these terms, you recognize and agree that Startup Talent shall not be held liable for any indirect, incidental, special, exemplary, punitive, or consequential damages arising from or related to the Site, the Service, or the Content. These damages include, but are not limited to, losses in reputation, opportunities, data, revenue, or profits, as well as litigation costs. Additionally, Startup Talent will not be accountable for damages resulting from personal injury, emotional distress, or any interactions with other Users on the Site or Service.
This liability exemption extends to instances where:
Usage or Inability to Use the Site or Service: This includes situations where your access to the Services or Site is terminated or suspended.
Statements or Conduct of Other Parties: Any behavior or statements made by other parties on the Site or Service.
Deletion or Modification of Content: Any alteration or removal of Content you or a third party provided on the Site or through the Services.
Other Site and Service-Related Matters: Any other issues associated with the Site or Service, be it warranty, copyright, contract, tort (including negligence), or product liability.
You agree that the aggregate liability of the Startup Talent shall not exceed the greater of (A) the fees you paid to Startup Talent in the twelve months preceding the claim, excluding any refunds, or (B) one hundred dollars ($100.00).
The Site and Services may feature advertising and sponsorships. Advertisers and sponsors are responsible for ensuring the accuracy and compliance with applicable laws of the material they submit for inclusion. Startup Talent is not liable for any illegality or inaccuracies in an advertiser’s or sponsor’s content.
You understand and acknowledge that this limitation of liability is a fundamental component of the agreement between you and Startup Talent. It applies to all forms of liability claims, including warranty, tort, negligence, contract, and statutory claims. This limitation remains in effect even if Startup Talent was informed of the possibility of such damages and even if other remedies have failed in their essential purpose. Note that some jurisdictions do not allow all of these exclusions and limitations; thus, these limitations and exclusions may not apply to you to that extent.
Ownership: The Site and Services, along with all their rights, titles, and interests, are and will remain the exclusive property of Startup Talent and its licensors. These platforms are safeguarded by copyright, trademark, and other applicable laws of the United States and foreign countries. Unless expressly permitted in these Terms, you do not have the right to use the Startup Talent name or any Startup Talent trademarks, logos, domain names, or other distinctive brand features. You must not copy, distribute, or disclose any Content from the Site or accessible through the Services unless you have obtained express written permission from us.
Right to Alter Services: Startup Talent reserves the right, at its sole discretion and without any liability, to discontinue, modify, suspend, or restrict the Services or access to the Site in any manner and at any time, with or without prior notice to you.
Right to Revoke User Access: Startup Talent can terminate your access to the Site and the Services without prior notice, especially if you breach the Terms. In such cases, we may delete your Account, resulting in the loss of all access to your User Content and other associated features, information, and connections.
Right to Decline or Cancel Registration: Startup Talent can refuse registration or cancel your Account for any reason at its discretion. Additionally, we reserve the right to remove or decline to distribute any Content on the Site or through the Services or to terminate Users and reclaim usernames, without any obligation. We may access, read, preserve, and disclose any information as deemed necessary to comply with applicable laws, enforce the Terms, address fraud, security or technical issues, respond to support requests, or protect Startup Talent, its Users, and the public.
No Obligations Regarding Content: Startup Talent is not obliged to compensate you or any other party for your activities on the Services, the Site, or the Content you provide. Startup Talent is under no obligation to feature or display your Content on any web page.
Marketing: If you are an Employer, you consent to the use of your (and your organization’s) name and logo in Startup Talent’s customer listings on our Site and in public statements or disclosures for the purpose of marketing the Services.
At Startup Talent, we highly value intellectual property rights and expect all users to do the same. We are committed to addressing claims of alleged copyright infringement in accordance with applicable laws, including the Digital Millennium Copyright Act (“DMCA”). This act provides remedies to copyright owners who believe their rights under the U.S. Copyright Act have been violated by third parties online.
If you suspect that your copyrighted work has been used without your consent and is accessible through our Site or Services in a manner that may constitute copyright infringement, or if you believe any Content available through our Site or Services violates the Terms or your intellectual property rights, please promptly inform us. You can do so by sending an email to email@example.com or by mailing a letter to our Startup Talent Copyright Agent, whose details are provided below. Make sure your communication contains the following information, as per the DMCA requirements:
- Specific identification of the material claimed to be infringing or the subject of infringing activity, along with enough information for us to locate it;
- Identification of the copyrighted work claimed to be infringed;
- Your contact details, including your address, phone number, and email address;
- A statement made by you, under penalty of perjury, affirming that you believe the material’s usage has not been authorized by the copyright owner, its agent, or the law;
- A statement confirming the accuracy of the information in your notification and your authorization to act on behalf of the copyright owner; and
- A physical or electronic signature of the copyright owner or someone authorized to act on their behalf.
Our designated Startup Talent Copyright Agent, responsible for addressing alleged copyright infringement or other legal notices regarding Content on our Site or Services, can be reached at:
+1 (302) 329-8780
Please note that, apart from forwarding the notice to the individual who supplied the allegedly infringing Content, we might share a copy of your notice (with your personal information removed) for publication and/or annotation. You can view an example of such a publication on our platform. A link to your published notice will be displayed on Startup Talent, replacing the removed Content.
We reserve the right to remove allegedly infringing or otherwise illegal Content without prior notice and at our sole discretion. In cases where appropriate, Startup Talent may terminate a user’s account if they are identified as a repeat infringer.
Term And Termination
The Terms shall remain valid as long as you use the Site or any of the Services, unless terminated by Startup Talent. You have the option to terminate the Terms by deleting all User Content provided to Startup Talent and discontinuing the use of the Site and Services. However, upon termination: (i) all rights to access the Services will be immediately revoked; (ii) any outstanding amounts owed to Startup Talent under the Terms will become due and payable; and (iii) no refund of prepaid fees for any Services will be provided. Startup Talent reserves the right to terminate the Terms at any time, especially if there is suspicion of a violation of any provision. If the Terms are terminated, you must promptly remove all Content obtained through the Site or Services from your devices and storage media.
Certain provisions of the Terms, including those in Article II (Content Ownership, Responsibility, and Removal), Article III (Covenants), Article IV (Privacy and Confidentiality), Article V (Release and Indemnity), Article VI (Limitations of Liability), Article VII (Disclaimer of Warranties), Article VIII (Company Rights and License), this Article X (Term and Termination), Article XI (Disputes with Others), Article XII (Arbitration), Article XIII (Feedback), and Article XV (Miscellaneous), will continue to be effective even after termination, reflecting their nature to survive beyond the termination or expiration of the Terms.
These General Terms were last updated on October 19, 2023.
How to Contact Us
By availing our services, you confirm your understanding and acceptance of these Terms and Conditions. Should you have any inquiries about these Terms and Conditions, please do not hesitate to contact us using the provided contact information.