Spotted.io | AI-Powered Talent Screening & Recruiting Toolbox

Privacy policy

Interesting fact 👉 it would take 76 workdays (if you work 8 hour days) to read every online privacy policy you agree to in an average year.

First things first, we take your privacy very seriously, but we know reading through privacy policies aren't much fun, so we'd like to save you some time by giving you a condensed summary...

We promise that we'll only use your information for the purpose of recruiting, hiring, jobseeking & matchmaking between talent and companies

We won't sell your info to anyone - not even to that one friend who always wants to know everything.

Your password(s) are encrypted in a way that even we can't read it.

We collect some technical information, like your IP, not to track you down, but to make sure our tech runs smoothly in future.

Finally our tech is hosted in Europe, so you can rest easy knowing that your data is protected by the GDPR.
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That's it, if you want to read the official, full version, you can check it out below.
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Data processing agreement

Download DPA

Terms of Use

Interesting fact 👉 apparently only 1% of people actually read terms & conditions

In light of the above, we thought we'd make it a lot easier to digest, it's important for you to know exactly what you're agreeing to, so we'd like to save you some time by giving you a condensed summary...

We have Companies, Jobs, Talent and related content on our platform.

We provide tools for recruiting, talent acquisition & hiring, some are free, others require upgrades to use fully.

We matchmake Companies with Talent and Jobs with Talent, through AI and our Human Recruiters, some of our models below:
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- Auto apply: talent can instruct Spotted or it's partners to act on their behalf and make applications to jobs
- Headhunted matches: where our human recruiters find talent specifically for your jobs, that don't exist on our DB
- Automated matches: instant matches are made to jobs through an algorithm from our DB
- Embedded matches: human recruiters who work under Company brands

You've got a limited license to our Technology, but you can't go messing with it or creating any copycat versions, and please don't try to hack into our system or upload any viruses.

When you sign up, or claim your profile, give us accurate information or update it, and keep your account secure.

We don't tolerate anything on our tech that's seen to be offensive or inappropriate. When you're creating job listings or profiles, please. no false info or discriminatory language - we'll be keeping an eye on things and removing anything that doesn't meet our standards.

Finally, most of our tools are free to use, others might need paying for now or some time in the future, for more information go to our company or talent pages )

Terms of Services

SpottedApp OÜ, a company established and existing under the laws of Estonia, with the registry code 16088267, located at Narva maantee 5, 10117 Tallinn, Estonia (hereinafter "Spotted", ”we”, ”us” and “our”)Spotted Services (hereinafter “Services”)

Spotted Services
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We offer job seeking, talent acquisition, recruiting and hiring related services for Companies, individuals working with or on the behalf of companies ("Company Users") and job seekers (“Talent Users”), through technology created by Spotted Technology (hereinafter, “App”, “Chrome extension", “Plug-in”, “AI recruiter”, “Algorithm”, “spotted.io”) Spotted Agency (hereinafter "Human recruiters", “Employees”) and third parties (hereinafter “subcontractors”)

Companies, Company Users and Talent Users, agree to Spotted facilitating interactions, or acting on their behalf in order to provide Spotted Services.

Acceptance of these Terms of Services shall form a legally binding agreement between Spotted and the legal entity of Company Users (hereinafter “Companies”), as well as Spotted and Talent Users.

No variation or alteration to these terms shall be valid unless approved or otherwise agreed in writing by an authorized representative of Spotted, and these terms prevail over any terms of business, use, purchase conditions or fees previously offered or agreed by Spotted.

By accepting these Terms of Services and making use of Spotted Services, you confirm that you have carefully read, understood and agree to be bound by these Terms of Services and Policies referenced herein.

1. SPOTTED TECHNOLOGY

1.1 In order to use Spotted Technology to its full potential, you must register for, or claim an existing account. In registering or claiming an account, Company Users and Talent Users agree to provide accurate, current and complete information, which is not false or misleading.

1.2 Company Users and Talent Users understand and agree to take full liability to keep their usernames and passwords on Spotted Technology strictly confidential and undertake to immediately notify Spotted of any unauthorised use of accounts or other breaches of security.

1.3 Subject to agreement of our Terms of Services, we grant to you a personal, nonexclusive, limited, non-transferable, non-assignable, non-sublicensable, limited, revocable licence to access and use Spotted Services via Spotted Technology in accordance with these Terms of Services.

1.4 Companies, Company Users and Talent Users acknowledge that they are receiving licensed rights only. Company Users and Talent Users may not directly or indirectly, or authorise any person or entity to: (a) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of Spotted Technology; (b) create derivative works of Spotted Technology; (c) use Spotted Technology in whole or in part for any purpose except as expressly provided herein; or (d) disable or circumvent any access control or related device, process or procedure established with respect to Spotted Services.

1.5 When using Spotted Services, Companies, Company Users and Talent Users agree to not (a) copy or distribute any part of Spotted Technology, including by way of automated or non-automated “scraping” (b) interfere with or compromise Spotted Technology integrity or decipher any server transmissions (c) impose any unreasonably large load on Spotted Technology infrastructure; (d) upload viruses or worms to Spotted Technology; (e) collect or retain any personally identifiable information contained in Spotted Technology beyond the permitted use hereunder; (f) access Spotted Technology by any means other than authorised herein, including virtual private networks which are expressly forbidden; (g) stalk, harass, bully or harm others; (h) impersonate any person or entity; or (i) hack, spam, phish, or otherwise provide fraudulent, manipulative, or inflammatory content.

1.6 Talent Users explicitly release Spotted from any liability in relation to applications or matches made inaccurately or to their current employers through Spotted Technology. Talent Users understand that Spotted provides functionality to exclude specific companies, and it is their sole responsibility to accurately update and maintain this exclusion list.

1.7 Company Users explicitly release Spotted from any liability in relation to jobs content created, applications or matches made inaccurately or to their current employers through Spotted Technology.

2. SPOTTED CONTENT

2.1 Companies, Company Users and Talent Users understand and acknowledge that they may be exposed to content through Spotted Technology or Spotted Agency that is inaccurate, offensive, indecent, or objectionable, and agree to waive, and hereby do waive, any legal or equitable rights or remedies they have or may have against Spotted with respect thereto.

2.2 Companies, Company Users and Talent Users are strictly prohibited from creating or uploading content to Spotted Technology that contains any inaccurate, misleading or false information, content that is offensive, indecent, defamatory, threatening, discriminates age, sex, sexual orientation, disability, pregnancy, parental status, national origin or religion, or content that is malicious, incites physical or psychological violence, advocates illegal activities, ect.

2.3 Spotted reserves the right to conduct pre-moderation of the content created or uploaded to Spotted Technology under our sole discretion, we reserve the right to reject or remove any job vacancies or profiles submitted or published which does not comply with our content requirements if it is deemed by Spotted to be violating the Terms of Services or is seen an inappropriate by Spotted.

2.4 Companies, Company Users and Talent Users agree for Spotted to distribute their created or uploaded content, including any personal information to active as well as prospective Companies, Company Users and Talent Users of Spotted Services in accordance with our Privacy Policy

2.5 Companies, Company Users and Talent Users agree for Spotted to keep content created updated on Spotted Technology

3. PRIVACY AND CONFIDENTIALITY

3.1 In order to provide Companies, Company Users and Talent Users with Spotted Services, Spotted and subcontractors of Spotted will collect and process personal data as provided in our Privacy Policy.

3.2 Companies, Company Users and Talent Users accept that parts of the content created or uploaded to Spotted Technology, provided to Spotted Agency or the subcontractors of Spotted, are not considered confidential by Spotted and will be treated as public information, find more information about this in our Privacy Policy.

3.3 Companies, Company Users and Talent Users agree and understand that content created or uploaded to Spotted Technology, provided to Spotted Agency or the subcontractors of Spotted, may be publicly listed on search engine results pages and waive all rights with respect to any such claims of confidentiality.

3.4 Companies, Company Users and Talent Users accept that Spotted has no control or liability over what Companies, Company Users, Talent Users or third parties that have accessed content publicly do with the content created or uploaded to Spotted Technology, provided to Spotted Agency or the subcontractors of Spotted.

3.5 Companies and Company Users shall remain responsible for any Data Processing agreement that is required in order to carry out services related to Embedded Matches. In the absence of such a Data Processing Agreement, the terms set forth in the Spotted privacy policy will apply.

3.6.1 Spotted, subcontractors of Spotted and Companies undertake to keep confidential and not to use or disclose to any third party or to enable or cause any person to become aware of (except for the purposes of fulfilling their obligations arising from the agreement) any Confidential Information (as defined below), excluding (a) any information which is in the public domain (otherwise than through the breach of this undertaking by Spotted, it’s subcontractors or Companies) or (b) Spotted, subcontractors of Spotted or Companies is required to disclose by law. If required by law, the disclosing Party shall exercise its best efforts to notify and coordinate the disclosure with the other Party.

3.6.2 Confidential Information shall include without limitation, and whether or not marked as confidential, any information (in whatever form) which Spotted, subcontractors of Spotted or Companies have disclosed or which the Party has gained access to in the course of (i) commercial negotiations; (ii) performing duties under Embedded Matches

3.6.3 Spotted, subcontractors of Spotted and Companies are obligated to inform their employees and other related persons, who participate in performing duties or who otherwise have the right to gain access to the Confidential Information, of the duty of confidentiality and guarantee their compliance with such duty.

3.6.4 If Spotted, subcontractors of Spotted or Companies so request, the other party is obligated to return or delete, at the earliest opportunity, any Confidential Information in their possession. The obligated party must inform the other party of the fulfilment of the aforementioned obligation.

3.6.5 Spotted, subcontractors of Spotted and Companies are obligated not to create copies of the data containing Confidential Information unless the other party has given its written permission or it is necessary for the fulfilment of the party's contractual obligations arising from the agreement.

3.6.6 The confidentiality undertaking shall apply to Spotted, subcontractors of Spotted and Companies for the undetermined term, any changes to the confidentiality should be agreed in writing by all parties concerned.

3.7 By accepting these Terms of Services and using Spotted Services, you acknowledge that you have read and understood the terms of our Privacy Policy available at: spotted.io/privacy-and-terms and you agree to be bound by this

4. HEADHUNTED MATCHES

4.1 Spotted enables Companies to use Spotted Services on a contingent basis in a traditional way through Spotted Agency, through Spotted Technology, persons employed by Spotted, or the subcontractors of Spotted.

4.2 Headhunted Matches include Talent Users that have been produced and matched by Spotted Agency or the subcontractors of Spotted (a) prior to the agreement of Companies to use Spotted Services (b) when Talent Users have been sourced through a personalised approach, specifically for the Companies who the Headhunted Matches have been made for.

4.3 Personal information of Talent Users presented through Headhunted Matches will only be disclosed to Companies upon the acceptance of Talent Users, either through Spotted Agency, Spotted Technology or the subcontractors of Spotted.

4.4 Companies agree to immediately notify Spotted or the subcontractors of Spotted through email or livechat, of any employment offers being prepared or made to any Talent Users presented through Headhunted Matches.

4.5 Upon acceptance of any offers of employment by Talent Users, Companies agree to update Spotted with the contractual information of the hire prior to the start date of employment through Spotted Agency, Spotted Technology or the subcontractors of Spotted.

5. AUTOMATED MATCHES

5.1 Automated matches is a model in which Spotted Technology makes matches between Companies and Talent Users, which have been automated with little or no involvement from Spotted Agency, from Spotted's existing Talent and Job Database, or in some cases where a relevant match has been identified on web sources.

5.2 Automated Matches may be presented to Companies and Talent Users, who can interact with each other through invitations to consider offers, in the form of meeting and test invitations or candidate applications.

5.3 Companies may be prompted to upgrade Spotted Technology accounts in order to unlock (de-anonymize) the profile sections or contact information of Talent Users, before or after acceptance from Talent Users.

5.4 Companies are not entitled to bypass fees for Headhunted Matches for Talent Users they have entered into employment with, that were listed under Automated Matches for jobs created or uploaded to Spotted Technology, prior to Company Users claiming or creating their Companies account and signing for, or agreeing to Spotted Terms of Services.

6. EMBEDDED MATCHES

6.1 Embedded Matches is a model in which Spotted Agency or the subcontractors of Spotted produce matches by Companies agreeing to pay a flat rate per day, or month, before the employment of any Talent Users have been accepted

6.2 Embedded Matches enables Companies to bypass the regular fees associated with Headhunted Matches for the duration of the agreed term

6.3 Embedded Matches will be delivered to Companies through their chosen channels, either manually through electronic communications, Spotted Technology, or an applicant tracking system or similar technology chosen by Companies

6.4 Spotted reserves the right to subcontract to third parties only if the subcontractor has the required skills, qualifications, resources and capacity to deliver Embedded Matches to the required standard

6.5 Spotted accepts that Spotted Agency and any subcontractors of Spotted may be requested to partake in activities related to content creation, application reviews, meeting with inbound applicants, hiring meetings as well as work relating to employer branding, strategies and processes.

6.6 While engaging with Spotted for Embedded Matches, Companies acknowledge that Spotted, Spotted Agency and the subcontractors of Spotted may undertake assignments for other Companies concurrently. Any Talent Users sourced specifically for Companies under Embedded Matches will be reserved exclusively for the Companies consideration for a duration of 6 weeks following the delivery of it. This exclusivity cannot be ensured for companies that are not utilising Spotted Technology.

6.7 Spotted agrees to immediately inform Companies about any circumstances beyond the control of Spotted or the subcontractors of Spotted, which may affect the performance or quality of Embedded Matches

6.8 Companies agree to ensure that all information, hardware, software, subscriptions, resources owned or subscribed to by Companies needed to produce Embedded Matches, or perform other activities requested, is accessible at all times.

6.9 Companies agree to eliminate any obstacles or problems that occur during the performance of producing Embedded Matches and any other work instructed to Spotted or the subcontractors of Spotted, which are under the control of Companies

6.10 Companies agree to immediately inform Spotted and the subcontractors of Spotted about all deficiencies discovered during the performance of producing Embedded Matches and any other work instructed by Companies

6.11 Companies should clearly define their expectations in terms of the performance of producing Embedded Matches before agreeing to engage with Spotted for this service

6.12 The engagement between Spotted and Companies under Embedded Matches will be structured as a 1-month rolling contract, with the contract renewing automatically at the end of each month for an additional 1-month period, until the engagement is terminated.

6.13 Companies and Spotted agree to a mutual notice period of 1-month, which permits the termination of the rolling contract 1-month after the month in which the termination is given. For the avoidance of doubt all provisions which by their nature should survive termination will survive termination.

6.14 Spotted is committed to accommodating the scheduling preferences of Companies by ensuring the availability of Spotted Agency and subcontractors of Spotted to work on any requested days, during any hours, and within any designated time zone.

6.15 Unless otherwise agreed or requested by Companies, Spotted Agency and the subcontractors of Spotted will use their own equipment and software licences to carry out activities related to producing Embedded Matches.

6.16 Companies may pre-authorise travel expenses in order for Spotted Agency or subcontractors of Spotted to carry out activities, and shall either pay for such expenses directly or agree to cover approved expenses upon receipt of proof related to expenses incurred.

6.17 If Spotted or Companies are declared insolvent under any applicable law, the agreement for Embedded Matches may be terminated immediately.

6.18 Spotted and Companies acknowledge that they are entering into agreements solely on their own behalf, and will perform any and all of their obligations or work as independent entities. Nothing under any agreement shall create any other relationship between Spotted and Companies including without limitation one of principal and agent, employer and employee, or partnership, unless agreed in writing.

6.19 Spotted and Companies shall be liable for any non-performance of duties under Embedded Matches or failure to comply with contractual obligations in accordance with the procedure laid down in the legislation of the Republic of Estonia and our Terms of Services.

6.20 All specific arrangements, terms, and conditions, including any variation other than listed here, or requiring further agreement, shall be subject to agreement either through electronic communications between Spotted and Companies, or contractual documents provided directly by Companies.

7. AUTO-APPLY

7.1 Auto-apply is a model in which Spotted Agency or Spotted Technology makes job applications to Companies upon the instruction of Talent Users to do so, or through registration on Spotted Technology.

7.2 Talent Users agree that job applications can be made on their behalf to Companies using Spotted Technology as well as prospective Companies who are yet to become users of Spotted Services, through Spotted Agency, Spotted Technology or subcontractors of Spotted.

7.3 Talent Users acknowledge and agree that Companies and respective partners of Companies may be granted access to their personal information as a result of job applications being made on their behalf.

7.4 Talent Users acknowledge and agree that, in instances where Spotted is directed to initiate job applications on their behalf, unforeseen circumstances or external factors may occasionally lead to delays in the job application process. Talent Users further understand and accept that, while diligent efforts will be made, Spotted Agency, Spotted Technology or subcontractors of Spotted cannot be held responsible for instances where no application is successfully submitted.

7.5 Talent Users agree that prospective employers will be aware of the involvement of Spotted in the job application process, and Spotted reserves the right to also charge prospective employers fees for the job applications of Talent Users, or the hiring of such Talent Users.

7.6 Talent Users acknowledge and agree that Spotted and subcontractors of Spotted, shall not be held liable for any loss of job opportunities arising from duplicate applications made on their behalf, or for applications made to present employers. Talent Users understand that while diligent efforts are undertaken to prevent duplicate submissions or submissions to present employers, unforeseen circumstances or technical limitations may occasionally lead to such occurrences.

7.7 Talent Users further agree that the responsibility of managing their job applications, blocking applications made to present employers, preventing duplicate applications and ensuring accuracy of applications rests with them.

8. ORGANIC MATCHES

8.1 Organic matches is a model in which Companies and Company Users invite their own independently acquired Talent Users for job applications and Talent Users invite their own independently acquired prospective employers with job vacancies to Spotted Technology

8.2 Companies and Talent Users will have access to their own unique sign up link to invite Talent Users and Company Users. All unique links accessed will have a cookie left that expires post 6 weeks of the first link click and any subsequent sign ups will be recognized as Organic Matches

8.3 Talent Users created through Organic matches will be kept exclusive for Companies for a duration of 6 weeks following the delivery of it through Spotted Technology

8.4 Companies and Talent Users acknowledge that cookies may be deleted by those they provide unique links to, which in turn may result in jobs created by Companies and Company Users, or sign ups of Talent Users recognized as Automated Matches

8.5 Companies acknowledge that Spotted cannot update any Automated Matches as Organic Matches when (a) unique links have been accessed and cookies have expired or been deleted, or (b) Talent Users presented with unique links have signed up through non-unique links, and any fees related to Automated Matches cannot be waived.

8.6 Talent Users acknowledge that Spotted cannot update any Automated Matches as Organic Matches when (a) unique links have been accessed and cookies have expired or been deleted, or (b) Companies presented with unique links have signed up through non-unique links, and any rewards or points for such cases will not be granted.

9. TALENT DATABASE

9.1 Spotted retains the exclusive right to furnish the information of Talent Users, whether their profiles are presented anonymously or not, in the structure of a Talent Database, to Companies.

9.2 Spotted acknowledges the significance of privacy for Talent Users and Talent Users shall maintain the authority to restrict access to present employers or other companies through Spotted Technology. Such restrictions can be initiated at any time, and Spotted shall make every effort to ensure that Spotted Technology works as intended

9.3 Talent Users acknowledge that their data can be deleted from Spotted Technology, failing that, Talent Users should reach out to [email protected] for their data to be deleted.

10. ALL PAYMENTS & FEES

10.1.1 In cases where payment methods presented by Spotted allow for recurring subscriptions, payment information will be saved with our payment processor Stripe for future debits and billing contacts will be notified when subscriptions are coming up for renewal or when payment information is about to expire.

10.1.2 Fees that are to be paid monthly or yearly, will automatically renew at the end of each term, unless otherwise agreed or advertised by Spotted

10.1.3 Payments made for subscriptions can be cancelled, and payment information, as well as receipts can be downloaded through Stripe subscription management, accessible via the billing section of Spotted Technology

10.1.4 Spotted may issue coupon or discount codes to Companies or Talent Users for Spotted Services that are redeemable once per account of Companies or Talent Users.

10.1.5 Payments processed through Stripe allow payment through Visa, Mastercard, Google Pay, Apple pay, Link, BLIK, Bancontact, EPS, giropay, IDEAL, Przelewy24, Cartes Bancaires and more

10.1.6 Spotted reserves the right to change fees, payment intervals, payment methods available, as well as any other terms related to fees and payments at any time without any liabilities.

10.1.7 Any changes to the pre-forementioned will be valid and effective immediately from the disclosure, Spotted will notify Companies that are billing contacts through Spotted Technology or Spotted Agency.

10.1.8 Fees paid for Spotted Services are non-refundable and will not be pro-rated, irrespective of success experienced with Spotted Agency, Spotted Technology or subcontractors of Spotted unless otherwise described below

FEES & PAYMENT FOR HEADHUNTED MATCHES:

10.2.1 Fees payable by Companies to Spotted for the Introduction of any Headhunted Match delivered through Spotted Agency, Spotted Technology or subcontractors of Spotted, which result in the employment of any Talent Users, including any rebates are listed below;

10.2.2 Permanent employment incurs a one time fee from 15% (excluding any VAT chargeable) calculated on the base salary agreed to by Talent Users for the first 12 months of the employment.

10.2.3 Temporary employment (freelance contract) incurs a one time fee from 10% (excluding any VAT chargeable) of total initial contract value agreed, calculated on the total number of contractual hours multiplied by the hourly rate agreed.

10.2.4 Fees in accordance with the above will be chargeable to Companies for any employment entered between the Companies and any Talent Users produced under Headhunted Matches, whether directly or indirectly, within 6 months of Spotted making the Headhunted Matches to Companies

10.2.5 Rebates applicable for Headhunted Matches will be processed in accordance with what has been agreed between Spotted and Companies through electronic communications, except where Talent Users are made redundant by Companies. The below is an example only of rebates we may be able to offer, actual rebates are to be negotiated and depends on many factors such as exclusivity given, salaries, working locations, number of hires, size of company and more.

0-1 month = 100% refund
1-2 months = 75% refund
2-3 months = 50% refund
3-4 months = 25% refund
4 months+ = 0% refund

For the avoidance of doubt, for temporary employment (freelance contracts), Companies will only be eligible for rebates up to the length of the initial contract, any extensions of temporary employment will not qualify.

10.2.6 In order to qualify for the rebates above, Companies must pay the fees for Talent Users employed through Headhunted Matches within 1-month of the start date of employment.

10.2.7 In cases where Spotted are prepared to accept payments via bank transfer, Spotted will send invoices to the billing email of Companies provided through Spotted Agency or Spotted Technology upon being updated by Companies about an employment agreement with Talent Users.

10.2.8 In cases where Spotted accepts payment through payment links via debit or credit card, receipts or invoices will be sent immediately after payment has cleared into our bank accounts

10.2.9 All payments for Headhunted Matches are to be made in the currency specified on payment links or invoices before the employment of Talent Users reaches 1 month

10.2.10 Spotted reserves the right to charge interest on the period of time between the contracted employment start date of Talent Users and the payment being made at the rate of 0.54% per calendar day from the due date until the date of payment

10.2.11 Should Companies or any subsidiary of Companies subsequently re-engage Talent Users presented through Headhunted Matches within a period of 6 months from the date of their employment termination, a full one time fee is chargeable in accordance with the fees for Headhunted Matches.

10.2.12 Actual fees are to be negotiated between Spotted and Companies or Company Users by electronic communications, and depends on many factors such as exclusivity given, salaries, working locations, number of hires, size of company and more.
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11. SUITABILITY OF MATCHES

11.1 Spotted will only inquire into the backgrounds of Talent Users under Embedded Matches when and if requested by Companies, in all other cases the terms below will apply;

11.2 Companies and Talent Users understand that Spotted does not always inquire into the backgrounds of Companies and Talent Users using Spotted Services, or always attempt to verify the statements of its users. The conduct of any background checks, reference checks, or other due diligence is the responsibility of the Companies and Talent Users using Spotted Services.

11.3 Companies are recommended to take up references independently to satisfy themselves as to the suitability of Talent Users and take responsibility for validating or obtaining work and other permits if required, the arrangement of medical examinations and/or investigations into the medical history of any Talent Users which has been hired, and other requirements or qualifications required by law or the country in which the Talent User is engaged to work.

12. RELATIONSHIP & INDEMNITY

12.1 Companies assume all liability for proper classification of Talent Users as independent contractors or employees based on applicable legal guidelines.

12.2 Companies and Talent users acknowledge that Spotted and subcontractors of Spotted do not, in any way, supervise, direct, or control the manner, means, or conditions of any work or services performed.

12.3 Companies and Talent users will be solely responsible for all tax returns and payments required to be filed with or made to any state, local tax authority, in any nation, with respect to the engagement of independent contractors and employees.

12.4 In addition to the indemnification obligations set forth herein, Company Users and Talent Users agree to indemnify, hold harmless and defend Spotted and subcontractors of Spotted from any and all claims, demands, causes of action, losses, damages, liabilities, costs, and expenses, including legal fees, arising out of or related to their engagement, including but not limited to any breach of any of Talent Users representations and warranties, from the death or injury of any person or persons, including employees of Companies or Talent Users, or from damage or destruction of any work or properties, attributable to or resulting from independent contractor engagement with Companies, claims misclassification of Companies as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that Talent Users was misclassified, any claim that Spotted or subcontractors of Spotted was an employer or joint employer of Talent Users, as well as breach of agreement, action, inaction, omission or any claims under any employment-related laws, such as those relating to termination of employment, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, minimum wages, payroll taxes, social security or unemployment taxes, or disability insurance, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits required by law.

13. TERMINATION & DELETION

13.1 These Terms of Services shall remain in effect until terminated as set forth herein

13.2 Companies and Talent Users have the right to cancel Spotted Services and terminate the legal relationship at any time through written request via email to [email protected], livechat or through deletion of their accounts on Spotted Technology.

13.3 Companies and Talent Users acknowledge that once accounts are deleted, data may be removed from our database with immediate effect, any risk of loss of data in this instance will be at the full liability of Companies or Talent Users. You may request for a copy of any data we hold before this action is taken by reaching out to [email protected]

‍13.4 Company Users who have been assigned ownership of the account of Companies should approach the deletion of their accounts with extreme caution. To prevent the loss of all data for Companies, as well as the deletion of all Company Users assigned to the account of Companies, the Company User who is currently an Owner should grant ownership to the account of Companies to another Company User (otherwise known as Coworker) through the Coworkers section of Spotted Technology.

13.5 Spotted has the right to terminate legal relationships and delete Companies, Company Users and Talent Users from Spotted Technology, with immediate effect, if Companies or Talent Users are (i) not eligible to use Spotted Services (ii) have provided morally inappropriate, fraudulent, misleading or inaccurate information (iii) have materially violated any requirement stipulated in these Terms of Services and have not remedied such violation (provided a remedy is possible and reasonable according to the opinion of Spotted) (iv) under any other ground expressly stated in these Terms of Services

13.6 All provisions of these Terms of Services which by their nature should survive termination shall survive termination, including ownership, fees, warranty disclaimers, indemnity and limitations of liability.

14. CHANGES TO SERVICES

14.1 As our services are continually evolving and improving, Spotted may add, remove or change features, products or functionalities, and we may also suspend or stop Spotted Services altogether, in whole or in part. Spotted may impose limits on certain features, or restrict access in certain ways at any time without providing prior notice when we do so.

15. LIABILITY & INDEMNIFICATION

15.1 Spotted Services and any other services, content, or features made available in conjunction with or through Spotted, is provided “as is” and “as available” without any warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Spotted disclaim all warranties and do not provide any guarantees to Companies or Talent Users regarding Spotted Services, other services, content or features. In particular, we hold no responsibility, warranty or guarantee for the following:

15.1.2 any interruption, discontinuance, suspension or other type of unavailability of Spotted Services;

15.1.3 any interruption or cessation of transmission to or from Spotted Technology;

15.1.4 any bugs, viruses, Trojan horses or the like, which may be transmitted to or through Spotted Agency, Spotted Technology or subcontractors of Spotted;

15.1.5 deletion of, corruption of, or failure to store any content or data;

15.1.6 the incompatibility of technologies used for accessing Spotted Services;

15.1.7 any damages that result through the use of Spotted Services in violation of these Terms of Services

15.1.8 any negative or critical comments that may be verbalised or written about Companies, Company Users and Talent Users, by other Companies, Company Users, Talent Users or non-users of Spotted Services

15.1.9 any third party service(s) that Companies, Company Users or Talent Users may be provided pursuant to the use of Spotted Services

15.1.10 engagement, communication and interactions including any level of the aforementioned between Companies, it’s Company Users and Talent Users

15.1.11 The fitness for a particular purpose, suitability of use and the results of using Spotted Services

15.1.12 loss of profits, remuneration, data, use, goodwill or other intangible losses resulting from your access to or use of or inability to access or use Spotted Services

15.1.13 any matches between Companies and Talent Users will result in further engagement or employment offers between Companies and Talent Users.

15.2 To the maximum extent permitted under applicable law, our maximum liability to you relating to Spotted Services or arising out of or in any way connected to these Terms of Services shall not exceed any fees paid by Companies or Talent Users for a yearly subscription. The existence of one or more claims by Company Users or Talent Users will not increase the liability.

15.3 Spotted bears no liability for contracts or other obligations that may rise from Companies, Company Users or Talent Users utilising Spotted Services, including but not limited to the compliance with codes, regulations, policies and procedures including but not limited to those relating to security, health and safety as applicable to Companies, Company Users or Talent Users in any geographic location

15.4 Spotted does not mediate any employment contract nor bear liability for legal relations created by Companies and Talent Users as a result of using Spotted Services. The terms of employment and any contractual arrangements shall be negotiated and agreed upon between Companies and Talent Users directly

15.5 To the extent that Companies or Talent Users do not account to the appropriate authorities for all and any tax (including but not limited to, Value Added Tax where applicable, company tax, income tax, social security contributions and deductions or otherwise equivalent) payable, Companies and Talent Users agree to indemnify and keep indemnified Spotted against any and all losses, actions, claims, costs, expenses, damages and liabilities whatsoever and howsoever incurred

15.6 Spotted does not warrant, represent or guarantee that the information provided by Companies, Company Users, or Talent Users is true and accurate. Nor does Spotted warrant that any Talent Users, Companies or Jobs presented through Spotted Services are suitable.

15.7 Companies and Talent Users agree to indemnify and hold Spotted harmless from any damage and loss that result from any violation of Companies or Talent Users. Companies and Talent Users also agree to indemnify and hold Spotted harmless from any damage and loss that result from third-party claims that result from any violations of Companies or Talent Users.

15.8 Companies and Talent users agree to defend and indemnify Spotted from and against any third-party claim, including reasonable attorney’s fees, court costs, settlements, and disbursements, from or relating to: (a) Content provided to Spotted including upload or provision of personally identifiable information through Spotted Services; (b) Use of and access to Spotted Services in violation of this agreement; (c) Violation of this agreement; (d) Violation by Companies and Talent Users of any law, rule, or regulation, or the rights of any third-party; (e) Use of any Third-Party Services; and (f) Claims alleging that Spotted and Companies are joint employers.

16. EXCLUSIONS

16.1 Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations stated in our Terms of Services may not apply to Companies or Talent Users

17. BRANDING

17.1 By agreeing to our Terms of Services, Talent Users, Company Users and Companies agree to the collection, utilization, and display of feedback, content, and materials provided by Talent Users, Company Users, and Companies for promotional purposes of Spotted. This includes, but is not limited to, the gathering of feedback through sessions, surveys, and other means, along with the use of video footage, logos, and associated assets. These materials may be employed for marketing and branding efforts across various channels, such as social media, websites, and other promotional materials.

17.2 The use of personally identifiable information by Spotted will be restricted unless agreed to by Talent Users and Company Users in writing through electronic communications

18. SEVERABILITY

18.1 The unenforceability of any provision of these Terms of Services will not affect the enforceability of any other provision. If any provision of these Terms of Services is deemed to conflict with another, Spotted will have the sole right to elect which provision remains in force.

19. NON-WAIVER

19.1 Spotted reserve all rights under applicable law. Our non-enforcement of any provision of these Terms of Services or under applicable law will not be construed as Our waiver of any enforcement rights under the same or different circumstances at any time in the future.

20. FORCE MAJEURE

20.1 Spotted will not be liable for any failure or delay in performance related to Spotted Services to the extent caused by any circumstances beyond our reasonable control.

21. GOVERNING LAW & JURISDICTION

21.1 Agreements for use of Spotted Services is governed by the laws of the Republic of Estonia, except the conflict of laws rule. All disputes arising from Spotted Services shall be settled via negotiations. If an amicable settlement cannot be reached, the dispute shall be finally settled in accordance with the laws of the Republic of Estonia in Harju County Court in Tallinn.

22. MISCELLANEOUS

22.1 If any provision of our Terms of Services is held illegal, invalid or unenforceable for any reason whatsoever including, but without limitation, by reason of the provisions of any legislation or other provisions having the force of law or by reason of any decision of any Court or other body or authority having jurisdiction over Spotted or users of Spotted Services, the remaining provisions will remain in full force and effect. Any failure on the part of Spotted to enforce any provision of the agreement will not be considered a waiver of Spotted’s right to enforce such provision. Such provision shall be divisible from this agreement, shall be deemed to be deleted from this agreement provided that if any such deletion substantially affects or alters the commercial basis of the agreement, Spotted and users of Spotted Services shall negotiate in good faith to amend such provision and terms of this agreement as necessary or desirable in the circumstances.

22.2 These Terms of Services contain the entire agreement from Spotted to Companies and Spotted to Talent Users and supersedes all other agreements, contracts, Terms of Services and understandings with respect to the matters contained herein, unless otherwise agreed in writing through electronic communications with an authorised legal representative of Spotted

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