Conversey U.S. Terms of Service

Last updated: March 9th, 2022

These U.S. Terms of Service constitute a legally binding agreement between you and Conversey, (a product of Interviewy, Inc.) ("Conversey") governing your use of the Conversey Platform.

Conversey's websites (includes conversey.com (the "Site"), mobile application (the "App"), and related services, information and communications are collectively referred to as the "Conversey Platform."

The use of all personal data you submit to the Conversey Platform or which we collect about you is governed by our U.S. Privacy Policy ("Privacy Policy"). A copy of our Privacy Policy is available here. You acknowledge that by using the Conversey Platform you have reviewed the Privacy Policy.

Your consent at registration and continued use of the Conversey Platform constitutes your acceptance of and agreement to all of the terms and conditions in these U.S. Terms of Service, the Privacy Policy, for the U.S. in which the Interview is performed, as well as any future amendments and additions to this Agreement (as defined below) as we may publish from time to time. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using, the Conversey Platform. The Privacy Policy and the Happiness Pledge are incorporated by reference into these U.S. Terms of Service and together form and are hereinafter referred to as the "Agreement".

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE CONVERSEY PLATFORM.

PLEASE NOTE: FOR U.S. USERS, SECTION 26 CONTAINS AN ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST CONVERSEY TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE CONVERSEY PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

Your use of the Conversey Platform in a country other than the U.S. constitutes your acceptance of and agreement to all of the terms and conditions in the Agreement for that country. A few highlights of these Terms of Service include:

You must be at least the legally required age in the jurisdiction in which you reside (14 years old for U.S. based users), and otherwise capable of entering into binding contracts, in order to use or access the Conversey Platform.
Your agreement that the technology for the Conversey Platform is provided "as is" and without warranty.
Your agreement that Conversey provides no warranty and has no liability regarding User action on the Conversey Platform or the performance of Interviews.
Your acknowledgment and agreement that Conversey does not supervise, scope, direct, control, or monitor an Interviewer's work and the Interviews performed.
Your acknowledgement and agreement that Interviewers are solely responsible for determining if the Clients they hire is qualified to perform the Job.
Your acknowledgement and agreement that Clients are either employees, independent contractors or service providers of Conversey.
Your agreement to hold harmless and indemnify Conversey from claims due to your use or inability to use the Conversey Platform or content submitted from your account to the Conversey Platform.
For U.S. Users, your agreement to arbitrate disputes with Conversey on an individual basis to the fullest extent permitted by applicable law.

1. The Conversey Platform: Transforming Data into Actionable Insights

The Conversey Platform is an AI-powered data transformation and engagement platform that enables seamless connections between businesses and their frontline employees. Conversey ingests any data agnostically, structures it using custom AI-generated schemas, and delivers precise, real-time insights to employees exactly when they need them.

Built to trigger automated engagement workflows based on schedules or custom business rules, Conversey is designed to optimize employee communication. One of its key initial use cases is the automated generation of payment compensation messages, factoring in tips, bonuses, and other forms of earnings across multiple systems. This process has been proven to enhance employee retention, and Conversey takes it a step further by ensuring clarity and efficiency in compensation-related communications.

Beyond compensation, Conversey facilitates the scheduling and delivery of essential messages, including onboarding surveys, work anniversaries, and birthday acknowledgments—streamlining communication for thousands of employees in real time.

Conversey is built as a flexible and evolving platform, designed to iterate with customer needs. While the solution may evolve based on real-world use cases, its core mission remains the same: to automate and optimize fragmented communication processes, providing businesses with a scalable way to support and engage their workforce.

2. User Background Checks and User Representations and Warranties

User Background Checks

Users may be subject to a review process before they can register for and during their use of the Conversey Platform, which may include but is not limited to: identity verification, right to work checks, and criminal background checks, using third party services as appropriate ("Background Checks"). Although Conversey may perform Background Checks, Conversey cannot confirm that each User is who they claim to be, and Conversey cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don't know. Conversey will not be liable for any false or misleading statements made by Users of the Conversey Platform.

NEITHER CONVERSEY, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS "AFFILIATES") IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE CONVERSEY PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE CONVERSEY AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CONVERSEY PLATFORM.

User Representations and Warranties

All Users represent and warrant that:

You are at least of the legally required age in the jurisdiction in which you reside (14 years of age or older for U.S. based users), and are otherwise capable of entering into binding contracts.
You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide.
You have read, understand, and agree to be bound by these Terms of Service, the Privacy Policy, and the Happiness Pledge.
You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Interview or any interaction by or with any User and/or Conversey in connection with the Conversey Platform without the prior written consent of Conversey and/or the relevant User, as applicable.
You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Interviewer or Client as the case may be, and only utilize the third party payment service provider specified or approved by Conversey to make or receive payment for services provided through the Conversey Platform (the "PSP").
You will act professionally and responsibly in your interactions with other Users.
You will use your real name or business name and an up-to-date photo on your profile.
When using or accessing the Conversey Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith.
You will not use the Conversey Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
Other than as fully and promptly disclosed in writing to Conversey, you do not have any motivation, status, or interest that Conversey may reasonably wish to know about in connection with the Conversey Platform, including without limitation, if you are using or will or intend to use the Conversey Platform for any journalistic, academic, investigative, or unlawful purpose.

Interviewers additionally represent and warrant that:

When using the Conversey Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity.
You are customarily engaged in an independently established business of the same nature as the services performed by Clients through the Conversey Platform, and maintain an independent clientele.
You have the unrestricted right to work in the jurisdiction in which you will be performing Interviews.
If the Interview is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration.
You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Interviews (including but not limited to a state contractor's license pursuant to California Business and Professions Code section 7000 et seq., if such license is applicable to the Interview you are performing).
You have any and all insurance required to operate your business and provide your services.
You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Interview(s) as agreed upon with your Client; and providing timely, high-quality interviews to your Clients.
You will only offer and provide interviews for which you have the necessary job openings, and provide those services safely and in accordance with all applicable laws.

3. Contract between Clients and Interviewers

You acknowledge and agree that a legally binding contract with another User (the "Employment Agreement") is formed when you and that User agree on the terms of a Job Offer. The terms of the Employment Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Conversey Platform, and any other contractual terms accepted by both the Interviewer and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Conversey's obligations or restrict Conversey's rights under this Agreement. Conversey is not a party to any Employment Agreement and the formation of an Employment Agreement will not, under any circumstances, create an employment or other service relationship between Conversey and the Interviewer. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Conversey. Conversey's role, beyond enabling connections between Clients and Interviewers via it's web-based communications platform, is to act as a limited payment collection agent for the Interviewer to facilitate payment for Interviews on behalf of the Interviewer through the Conversey Platform using the PSP. In acting as the limited payment collection agent for Interviews on the Conversey Platform, Conversey disclaims any other agency or authority to act on behalf of the Interviewer, and assumes no liability or responsibility for any acts or omissions of the Interviewer, either within or outside of the Conversey Platform.

While using the Conversey Platform, Clients, in their sole discretion, will be present when an Interview is performed for a job opening.

The Interviewer shall pay in full for all Interview booking services via the PSP as indicated on the Conversey Platform, at the rates agreed to by the parties in the Employment Agreement. Each User agrees to comply with the Employment Agreement and this Agreement during the engagement, performance and completion of an Interview booking.

4. Billing and Payment

Users of the Conversey Platform contract for Interviews directly with other Users. Conversey will not be a party to any contracts for interviews or services. Payment for interview services through the Conversey Platform is made directly by the Interviewer via the PSP to Conversey. Conversey is not obligated to compensate Interviewer for Client's failure to accurately represent profile information, show up to interview in a timely manner or show up at all. Conversey assumes no liability or responsibility for any acts or omissions of the Client. Conversey is a web-based communications platform that collects platform fees from Interviewers when an interview is scheduled with a Client on the platform despite the outcome of the actual interview.

The Interview Payment, service charge, and platform fee must be paid through the PSP. Users of the Conversey Platform will be required to provide their payment method details to Conversey and the PSP. Interviewers are responsible for fees, even if the Interview is not completed in its entirety or is designated as "ongoing".

Interviewers will be required to set up an account with the PSP, which may require any or all of the following: registration with the PSP, agreement with the terms of service of the PSP (the "PSP Services Agreement"), and completion of a vetting process and/or account validation at the request of the PSP. By accepting these Terms of Service, each Interviewer agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Conversey is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Conversey has no obligations, responsibility or liability to any Interviewer or other party under the PSP Services Agreement.

To help prevent fraud and safeguard User information from the risk of unauthorized access, Conversey and/or the PSP may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-3 business days. Due to the difference in PSP and credit card issuer requirements, this temporary charge may vary depending on the estimated value of the Interview and expenses.

Conversey reserves the right (but not the obligation) upon request from Client or Interviewer, or upon notice of any potential fraud, unauthorized charges or other misuse of the Conversey Platform, to (i) place on hold any Interview Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange for the PSP to do so.

Users of the Conversey Platform will be liable for any taxes required to be paid on the Interviews provided under the Agreement.

5. Public Areas; Acceptable Use

The Conversey Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, interview postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Conversey Platform, you should not share your personal contact information with other Users.

Without limitation, the Conversey Platform may not be used for any of the following purposes:

To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Conversey staff.
To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information.
To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Conversey.
To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage Conversey or its Users' computers.
To advertise or offer to sell any goods or services for any commercial purpose through the Conversey Platform which are not relevant to the Interview services.
To conduct or forward surveys, contests, pyramid schemes, or chain letters.
To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments.

While using the Conversey Platform, you may not:

Use the Conversey Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a job in violation of local, state, provincial, national, or international law.
Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly.
Post the same Interview repeatedly ("Spamming").
Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Conversey Platform.
Restrict or inhibit any other User from using and enjoying the Public Areas.
Imply or state that any statements you make (whether on or off the Conversey Platform) are endorsed by Conversey, without the prior written consent of Conversey.
Use a robot, spider, manual, meta tag, "hidden text," agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Conversey Platform, or the electronic addresses or personal information of others, in any manner.
Frame or utilize framing techniques to enclose the Conversey Platform or any portion thereof.
Hack or interfere with the Conversey Platform, its servers or any connected networks.
Adapt, alter, license, sublicense or translate the Conversey Platform for your own personal or commercial use.
Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Conversey and Affiliates.
Upload content to the Conversey Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner.
Use the Conversey Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Conversey Platform as set forth herein.
Use the Conversey Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means.
Use the Conversey Platform or the Interview services in violation of this Agreement.
Use the Conversey Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Conversey's trade secret information for public disclosure or other purposes.
Attempt to circumvent the payments system or service charge or platform fee in any way including, but not limited to, making or processing payments outside of the Conversey Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner.
Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
Cause any third party to engage in the restricted activities above.
Use tools with the goal of masking your IP address (like the TOR network).

You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Conversey will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

6. Mobile App Updates and Upgrades

By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the Conversey Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Conversey's servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

7. Deactivation and Suspension

Conversey may suspend your right to use the Conversey Platform pending its investigation of a potential breach by you of this Agreement. Conversey may deactivate your account or limit your use of the Conversey Platform upon its determination that you breached a provision of this Agreement (a "User Breach"). Conversey will provide you with written notice of its determination. If you wish to appeal this determination, please contact admin@conversey.com within 14 days of receipt of such notice with the grounds for your appeal.

If Conversey suspends or deactivates your account or limits your use of the Conversey Platform pursuant to this Section, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Even after your right to use the Conversey Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Conversey reserves the right to take appropriate legal action pursuant to the Agreement.

Conversey reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Conversey Platform at its sole discretion. Conversey will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Conversey shall not be liable to you for any modification or discontinuance of all or any portion of the Conversey Platform. Conversey has the right to restrict anyone from completing registration as an Interviewer if such person may threaten the safety and integrity of the Conversey Platform, or if such restriction is necessary to address any other reasonable business concern.

You may terminate this Agreement at any time by ceasing all use of the Conversey Platform and deactivating your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the Conversey Platform.

8. Account, Password, Security, and Telephone Communications

You must register with Conversey and create an account to use the Conversey Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Conversey for accessing the Conversey Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Conversey has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify Conversey immediately.

You acknowledge that telephone calls to or from Conversey, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.

You verify that any contact information provided to Conversey, our agents and affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify Conversey before the change goes into effect by visiting help.tr.co. If the change regards ownership of your telephone numbers, you may notify Conversey by texting STOP to any text message sent to the retiring phone number.

9. User Generated Content

"User Generated Content" is defined as any information and materials you provide to Conversey, its corporate partners, or other Users in connection with your registration for and use of the Conversey Platform and participation in Conversey promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Conversey is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Conversey has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.

You hereby represent and warrant to Conversey that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party's privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Interview is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libellous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Conversey or otherwise purport to act as a representative or agent of Conversey; and (i) will not create liability for Conversey or cause Conversey to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.

The Conversey Platform hosts User Generated Content relating to reviews and ratings of specific Interviewers ("Feedback"). Feedback is such User's opinion and not the opinion of Conversey, and has not been verified or approved by Conversey. You agree that Conversey is not responsible or liable for any Feedback or other User Generated Content. Conversey encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Conversey is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users' expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such feedback. You may request removal of a review that violates this by contacting the Support team. Each Client should undertake their own research to be satisfied that a specific Interviewer has the right qualifications for an Interview.

Conversey respects the personal and other rights of others, and expects Users to do the same. Conversey is entitled to identify a User to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.

If a User believes, in good faith, that any User Generated Content provided on or in connection with the Conversey Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify Conversey. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify the Conversey. Such notification can be made at Conversey Inc., 651 N Broad St, Suite 206, Middletown, Delaware 19709

10. Links to Third-Party Websites

The Conversey Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Conversey or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Conversey Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Conversey does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Conversey is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Conversey has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Conversey Platform at its sole discretion.

The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Conversey expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Conversey Platform. You hereby agree to hold Conversey harmless from any liability that may result from the use of links that may appear on the Conversey Platform.

As part of the functionality of the Conversey Platform, you may link your account with online accounts you may have with third party social networking service providers (such as Facebook or Google) (each such account, a "Third-Party Account") by either: (i) providing your Third-Party Account login information through the Conversey Platform; or (ii) allowing Conversey to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Conversey and/or grant Conversey access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Conversey to pay any fees or making Conversey subject to any usage limitations imposed by such third-party service providers.

By granting Conversey access to any Third-Party Accounts, you understand that (i) Conversey may access, make available and store (if applicable) your public profile that you have provided to and stored in your Third-Party Account (the "SNS Content") so that it is available on and through the Conversey Platform via your Conversey account, including without limitation any friend lists, and (ii) Conversey may submit to and receive additional information from your Third-Party Account to the extent specified when you link your account with the Third-Party Account. Unless otherwise stated in these Terms of Service, all SNS Content shall constitute User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information or personal data that you post to your Third-Party Accounts may be available on and through your account on the Conversey Platform. Please note that if a Third-Party Account or associated service becomes unavailable or Conversey's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Conversey Platform. You will have the ability to disable the connection between your account on the Conversey Platform and your Third-Party Accounts at any time, by revoking permissions in the account settings of your Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Conversey makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Conversey is not responsible for any SNS Content.

11. Termination

You may terminate this Agreement at any time by cancelling your account and/or ceasing to access and use the Conversey Platform. If you change your mind, you may be able to reactivate your account with Conversey by logging in with your login details and following the instructions to reactivate. However, Conversey doesn't guarantee that your profile information or information about your past activities will be preserved.

Unless Conversey is required to close your account for legal reasons or for evidence-keeping reasons, Conversey will keep your information on your account for a limited period of time, i.e. minimum of 1 month, even though your account will remain inactive. After that period, your account and all of your information will be deleted completely.

Conversey may suspend, or limit your access to the Conversey Platform at any time in connection with any investigation of (a) suspected breach of this Agreement; (b) suspected illegal activity; (c) suspected infringing, abusive or otherwise harmful or objectionable material, or activity; or (d) requests from law enforcement, regulators or rights holders. Conversey may also terminate your account permanently, without any liability to you, if (i) Conversey believes that you have been engaged in violations or breaches of this Agreement, (ii) Conversey believes that you have been engaged in an unlawful activity, (iii) you haven't accessed the Conversey Platform for a continuous period of twelve months, or (iv) for other reasonable reasons such as Conversey no longer offering the Conversey Platform. Conversey will provide notice of such termination via email. If you believe that your account was terminated in error, you can e-mail Conversey at info@conversey.com. Termination of this Agreement or your account with Conversey includes the removal of access to your account and all related information and content associated with or inside your account. All provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, indemnifications, warranty disclaimers and limitations of liability.

If a transaction that has already been agreed upon by a Client and an Interviewer (whether or not that transaction has been paid for) cannot be completed or is cancelled because of the Interviewer's termination under the U.S. Terms, then the Interviewer must refund the Client for any payments made regarding the transaction. If a Client terminates its account, any booked transaction or transaction pending booking shall be cancelled automatically, without incurring any fees.

12. Intellectual Property Rights

Conversey is the owner or legitimate licensee of all Intellectual Property Rights in the Conversey Platform, including all of its features, functionalities and software, except for User Generated Content. All of those Intellectual Property Rights are reserved. You agree not to modify, distribute, copy, transmit, display, perform, reproduce, publish, license, or transfer any content on the Conversey Platform or create derivative works from it.

You hereby accept and acknowledge that the Intellectual Property Rights for any content (except for the User Generated Content) that appears on the Conversey Platform belongs to Conversey or to the party that has legally granted Conversey the right to use such content. Your access to or use of the Conversey Platform should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any content (except for the User Generated Content) on the Conversey Platform without written permission from Conversey or from such third party that may own the Intellectual Property Rights in such content.

Conversey's trademarks, logos and service marks, as they may appear on the Conversey Platform from time to time (collectively, the "Conversey Trademarks") are trademarks or registered trademarks of Conversey. Nothing contained in the Conversey Platform should be construed as granting you any license or right to use the Conversey Trademarks. Unauthorised copying, modification, use or publication of the Conversey Trademarks is strictly prohibited. Other product and company names that may be mentioned on the Conversey Platform may be trademarks or service marks of their respective owners (the "Third Party Trademarks"). Appearance of the Third Party Trademarks on the Conversey Platform should not be construed as granting you any license or right to use such Third Party Trademarks.

Content and/or software on the Conversey Platform may be subject to export controls of the U.S. If such content and/or software is subject to export controls, it may not be downloaded, exported, or re-exported (a) into (or to a resident of) any country that is subject to a U.S. or applicable sanctions program, (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or subject to the Denied Persons List or Entity List of the U.S. Department of Commerce, or (c) in violation of any export law or regulation. By downloading or using the Conversey Platform and any content or software accessible through it, you represent and warrant that you are not located in, under the control of, or a resident of any such country or on any such list.

13. Copyright Complaints

If you believe that your intellectual property rights have been infringed, please notify Conversey at Conversey Inc., 651 N Broad St, Suite 206, Middletown, Delaware 19709.

For us to properly investigate your complaint, please send the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located on the Conversey Platform;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Conversey has a policy of terminating accounts of Users who repeatedly infringe the copyrights of others.

14. Confidentiality and Non-Disclosure

As a User, you may come into contact with information that is of a confidential nature. This information is the "Confidential Information" of the User disclosing such information to you (the "Disclosing Party"), or, if applicable, the Conversey client for whom the Disclosing Party is working. For example, a Client may share Confidential Information belonging to a third party with an Interviewer where the Interviewer is subject to confidentiality obligations with respect to Confidential Information of that third party.

You agree to: (a) maintain all Confidential Information in strict confidence; (b) not disclose Confidential Information to any third parties; and (c) not use Confidential Information except for performance of the service concerning which the Confidential Information was disclosed to you. Furthermore, you agree to protect the Confidential Information using at least the same degree of care as you use to protect your own confidential and proprietary information of similar nature and importance, but in no event less than reasonable care. You agree to adhere to any additional confidentiality and non-disclosure agreement entered into between you and another User.

Once a Client and an Interviewer have entered into a direct service agreement that is not in violation of this Agreement, they are free to include additional or different terms relating to confidentiality, nondisclosure, and non-use of Confidential Information consistent with the agreements set forth in the Conversey Platform. This does not waive the parties' confidentiality obligations with respect to the Disclosing Party's Confidential Information shared while Users of the Conversey Platform.

If Conversey is legally compelled to disclose any of a Disclosing Party's Confidential Information, Conversey will provide the Disclosing Party prompt prior notice of such compelled disclosure and reasonable assistance, to the extent that it is legally permitted to do so.

15. Disclaimer of Warranties

(a) Use Of The Conversey Platform Is Entirely At Your Own Risk

THE TECHNOLOGY OF THE CONVERSEY PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. CONVERSEY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE CONVERSEY PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE CONVERSEY PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CONVERSEY PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

Conversey does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the Conversey Platform or any hyperlinked website or featured in any banner or other advertising, and Conversey will not be a party to or in any way be responsible for monitoring any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Conversey and Affiliates do not warrant that access to the Conversey Platform will be uninterrupted or that the Conversey Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Conversey Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Interview, service, information or materials provided through or in connection with the use of the Conversey Platform. Conversey and Affiliates are not responsible for the conduct, whether online or offline, of any User. Conversey and Affiliates do not warrant that the Conversey Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Conversey and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.

Notwithstanding any feature a Client may use to expedite Conversey selection, each Client is responsible for determining the Interview and selecting their Interviewer and Conversey does not warrant any goods or services purchased by a Client and does not recommend any particular Interviewer. Conversey does not provide any warranties or guarantees regarding any Interviewer's ability, professional accreditation, registration or license.

(b) No Liability

You acknowledge and agree that Conversey is only willing to provide the Conversey Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Conversey and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorney's fees and costs (collectively, "Liabilities") that have arisen or may arise, relating to your or any other party's use of or inability to use the Conversey Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Conversey and Affiliates, and any destruction of your User Generated Content.

UNDER NO CIRCUMSTANCES WILL CONVERSEY AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE CONVERSEY AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY CONVERSEY, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE CONVERSEY PLATFORM OR THE INTERVIEW SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH CASES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

CONVERSEY AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS CONVERSEY PLATFORM. CONVERSEY AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE CONVERSEY PLATFORM.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT CONVERSEY AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO CONVERSEY (IF YOU ARE A CLIENT) OR TOTAL INTERVIEW PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE A INTERVIEWER), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

(c) Indemnification

You acknowledge and agree that all Users other than you are third party beneficiaries of these Terms of Service. If you agree to these Terms of Service or if you use the Conversey Platform, You agree to indemnify, defend, and hold harmless Conversey and Affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys' fees) due to, arising out of, or relating in any way to (a) your access to or use of the Conversey Platform; (b) your User Generated Content or the candidate interview recording(s) associated with your Account; (c) your alleged breach of this Agreement, or of the representations, warranties, and covenants contained in these Terms of Service; (d) your alleged violation of any applicable Laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; and (e) your Media, Physical Likeness, and Voice.

(d) Dispute Resolution

Except as otherwise set forth in this Agreement, you and Conversey each waive the right to (a) a jury trial; and (b) to participate in a class action in any way in court or in class-wide arbitration, either as a class representative, class member or class opponent ("Class Action Waiver"). You and Conversey also agree that this Dispute Resolution Section is an essential and material term of this Agreement. Except for a claim involving intellectual property, you agree to resolve any Dispute you have with Conversey Entities, whether or not the Dispute has been previously resolved, through (in order) informal negotiation, mediation administered by the American Arbitration Association under its mediation procedures in effect at that time, and binding arbitration in accordance with the Federal Arbitration Act, administered by the American Arbitration Association (AAA) in accordance with its Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (collectively "AAA Rules"), as modified by this Agreement. The AAA Rules and applicable forms are available at www.adr.org. Any in-person appearances requested by the arbitrator shall be held in the state and county of your billing address. The arbitrator shall refer to the Dispute as a "consumer dispute." The Arbitration shall be conducted by a single, neutral arbitrator, and shall be an attorney with experience in the field of the Dispute. The language of the Dispute Resolution shall be English. The arbitrator's decision shall be in writing, shall provide at least a brief statement of the basis and reasons for the decision, and shall be final and binding. The other Party may bring a court action to enforce this Dispute Resolution Section or to confirm an arbitration award.

(e) Release

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH READS AS FOLLOWS:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

If you are not a California resident, you waive your rights under any statute, regulation, or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

Further, in consideration of the services provided by Conversey, you hereby release Conversey from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

Conversey and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

(f) Background Checks

You will promptly disclose to Conversey in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses), that arise during your use of the Conversey Platform.

(g) Indemnification

(h) Dispute Resolution

16. Indemnification

You hereby agree to indemnify, defend, and hold harmless Conversey and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Conversey Platform; (ii) your participation in Interviews, or your ability or inability to perform or obtain the performance of Interviews or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the Conversey Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Client, the acts or omissions of any Client's Agents. Conversey reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Conversey.

17. Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Conversey Platform, your relationship with Conversey, Interviewy, or this Agreement (including previous versions), ("Dispute"), you and Conversey agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least 30 days before initiating any out of court settlement arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to Conversey. Conversey's address for such notice is Attention: Legal Conversey Inc., 651 N Broad St, Suite 206, Middletown, Delaware 19709.

PLEASE NOTE: FOR MORE INFORMATION ABOUT DISPUTE RESOLUTION TERMS, PLEASE REVIEW THE JURISDICTION-SPECIFIC SECTION APPLICABLE TO YOU BELOW. IF YOU ARE A USER IN THE U.S. OR CANADA, IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SEE U.S. AND CANADA JURISDICTION-SPECIFIC SECTIONS FOR MORE DETAILS).

18. App Store Sourced Applications

The following applies to any App accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"):

21. Authorization Form

By accessing or using the Conversey platform, you (the "Candidate") expressly consent to the collection, duplication, and electronic submission of any information provided by you for the purposes of processing employment applications for interviews, including verification of identity, work history, and background check and drug testing information, by Conversey, (a product of Interviewy, Inc.), ("Conversey").

23. Assignment

These Conversey New Customer Referral Program Terms and Conditions ("Referral Program Terms and Conditions") govern your participation in the Conversey Referral Program ("Referral Program") and your referral of new customers to Company. By opting in, the information that you share with us may be shared with the Company.

25. Customer Referral Program

To earn New Customer Referral Credits, you must refer your "personal" leads to Operator and comply with the conditions herein. Names and contact information for potential Referred Partners (collectively "Conversey Referrals") will be considered eligible under the Referral Program only if: (a) you provide to Operator the Conversey Referral's information either by (i) telephone or email to conversey.com; (ii) or, as otherwise permitted by Operator; (b) the Conversey Referral enters into a monthly agreement with Operator, or any of its affiliates, within two (2) months of making such introduction whereby the Conversey Referral; (c) the Conversey Referral specifically indicates that you have referred them within one week of the Conversey Referral's first contact with Operator, or any of its affiliates; and your receipt of the same does not otherwise violate any applicable law. An Conversey Referral is considered valid only if all of the foregoing conditions are met (a Valid Conversey Referral or Valid Referral). In instances where a Valid Conversey Referral indicates that they were referred by two or more eligible participants, the distribution of applicable Referral Credits between the referring participants will be made at Operator's sole discretion. In no event will the applicable number of Credits, or its cash equivalent, be increased to accommodate the presence of more than one referring participants in respect to any Valid Conversey Referral. Specifically, and by way of example only and not limitation, you are not entitled to receive Referral Credits for referring a person (i) who does not enter into a monthly agreement with Operator, or any of its affiliates; (ii) who does not indicate that you referred such person in connection with entering into such an agreement; or (iii) without being subject to, and fully complying with, these Referral Program Terms and Conditions.

26. Residents of the United States of America

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND CONVERSEY CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

IN ADDITION, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE CONVERSEY PLATFORM.

Telephone Communications and Agreement to be Contacted

(a) Your Consent to Receive Automated Calls/Texts.

You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive calls or text messages (which may include prerecorded voice messages, and/or autodialed calls) from Conversey and Affiliates, or from independent contractors (including Interviewers) related to promotions, your account, registration, orientation, upcoming or scheduled Interviews, product alterations, changes and updates, service outages, reminders about incomplete or upcoming Interviews, follow ups to any push notifications delivered through our mobile application, any transaction with Conversey, and/or your relationship with Conversey. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that Conversey may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from Conversey and Affiliates, or from independent contractors (including Interviewers) even if you cancel your account or terminate your relationship with Conversey, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. To opt-out, please see the Opt-Out Instructions below.

(b) Opt-Out Instructions.

Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive or email admin@conversey.com and specify that you want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. To opt-out of automated voice calls (not text messages), you must (i) provide Conversey with written notice revoking your consent to receiving automated calls; (ii) in that written notice, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls; and (iii) send this written notice admin@conversey.com. It is your sole responsibility to notify Conversey if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.

There is no fee to receive automated telephone calls or text messages from Conversey, our agents, affiliates, and independent contractors (including Interviewers). However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Conversey and Affiliates, and independent contractors (including Interviewers) are not responsible for such charges.

(d) Unauthorized Use of Your Telephone Device.

You must notify Conversey immediately of any breach of security or unauthorized use of your telephone device. Although Conversey and Affiliates, and independent contractors (including Interviewers) will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.

(e) Your Indemnification to Conversey.

You agree to indemnify Conversey and Affiliates, and independent contractors (including Interviewers) for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify Conversey of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold Conversey and Affiliates harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys' fees). Conversey shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

(f) General.

You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms of Service.

Worker Classification and Withholdings

Conversey does not employ Interviewers. Conversey is not responsible for and will not be liable for workers' compensation or any tax payments or withholdings, including but not limited to applicable sales taxes, unemployment or employment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with a User's use of the Conversey Platform. Each User assumes all liability for proper classification of such User's workers based on applicable legal guidelines.

Electronic Signature and WOTC Information Authorization

By accessing or using the Conversey platform, you (the "Candidate") expressly consent to the collection, duplication, and electronic submission of any information provided by you for the purposes of Work Opportunity Tax Credit ("WOTC") compliance. You further authorize Conversey, acting as your agent, to transmit this information to third-party systems (including ADP) on your behalf and to affix your electronic signature to any documents required by such systems. In doing so, you acknowledge and agree that your electronic signature represents your affirmation, under penalty of perjury, that the information provided is true, correct, and complete as of the date of signature. If you choose not to provide such information, you may opt out; however, this may affect your eligibility for benefits associated with the WOTC process.

Media and User Generated Content

To the extent permitted by law, you hereby grant Conversey a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound affects you provide to Conversey (collectively, "Media") in exchange for use of the Conversey Platform, in any media now known or not currently known in order to market, operate, and improve upon the Conversey Platform, including but not limited to the right to the following:

Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content.
Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to Conversey or that Conversey takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User's picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the "Physical Likeness") in any format and through any distribution channels.
Reproduce in any and all media any recordings of such User's voice, and any related instrumental, musical, or other sound effects (collectively, the "Voice"), made in connection with the Conversey Platform or any Conversey promotional campaigns.
Use, and permit to be used, such User's Media, Physical Likeness, and Voice in the advertising, marketing, and/or publicizing of the Conversey Platform in any media, in any format and through any distribution channels.
Use, and permit to be used, such User's name and identity in connection with the Conversey Platform or any Conversey promotional campaigns.

Further, you hereby waive any and all moral rights in connection with the Media. Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third party rights.

Each User hereby waives all rights and releases Conversey and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User's identity, Physical Likeness, Media, or Voice in connection with the Conversey Platform.

Release

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH READS AS FOLLOWS:

Conversey and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

Background Checks

Dispute Resolution - Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND CONVERSEY CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND CONVERSEY TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

27. Conversey New Customer Referral Program

Terms & Conditions

These Conversey New Customer Referral Program Terms and Conditions ("Referral Program Terms and Conditions") govern your participation in the Conversey Referral Program ("Referral Program") and your receipt and use of Credits, or a cash equivalent, earned in connection with Referral Opportunities (as defined below) that we may make available to you from time to time in connection with your participation in the Referral Program. The terms "we," "us," "our," and "Operator" refer to Conversey, (a product of Interviewy, Inc.). The terms "you," "your," refer to you and all Conversey Customers and other persons we permit to participate in the Referral Program.

Participation in the New Customer Referral Program and your eligibility to receive Referral Credits (defined below) is offered to you conditioned upon your agreement to accept these Referral Program Terms and Conditions. If you agree to be bound by these Referral Program Terms and Conditions, you should click the "I agree to the Conversey Referral Program Terms and Conditions" selection on the Referral Program enrollment process.

Referral Opportunities

Your participation in the New Customer Referral Program enables you to receive Credits, or a cash equivalent, in exchange for making valid Conversey Referrals (as further described below) of business owners, franchisees and hiring managers to Operator; provided that you are not required to participate in the Referral Program or otherwise perform any activities or actions to market, refer, or sell Conversey. Operator shall have the right, in its sole discretion, to establish and modify the criteria for participation in the Referral Program and to establish different levels or amounts of Credits, or a cash equivalent, awarded.

Valid Referrals

28. Governing Law and Jurisdiction

These U.S. Terms of Service shall be governed by the laws of the State of Delaware, without giving effect to any principles of conflicts of law. You agree that any claim or dispute between you and Conversey that arises in whole or in part from your use of the Conversey Platform shall be decided exclusively by a court of competent jurisdiction located in Delaware. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Delaware. Notwithstanding the foregoing, Conversey shall have the right to bring an action against you in a court of competent jurisdiction in your country of residence if it reasonably believes that this is necessary to protect its interests, and you hereby consent to the jurisdiction of such court.

29. General Provisions

These U.S. Terms of Service constitute the entire agreement between you and Conversey regarding your use of the Conversey Platform, and supersede all prior agreements between you and Conversey regarding the subject matter hereof. The failure of Conversey to exercise or enforce any right or provision of these U.S. Terms of Service shall not constitute a waiver of such right or provision. If any provision of these U.S. Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these U.S. Terms of Service remain in full force and effect. You may not assign these U.S. Terms of Service without the prior written consent of Conversey, but Conversey may assign these U.S. Terms of Service without restriction. The section titles in these U.S. Terms of Service are for convenience only and have no legal or contractual effect. Notice may be provided to you via email at the address associated with your account, via the Conversey Platform, or by postal mail at the address in your account. Provisions that, by their nature, should remain in effect beyond the termination of these U.S. Terms of Service shall survive termination. Accordingly, the provisions of Sections 4, 5, 6, 7, 8, 9, 12, 14, 16, 17, 18, 19, 20, 22, 26, and 27 survive termination of these U.S. Terms of Service.

20. Exhibit A

Referral Terms & Conditions

The New Customer Referral Program (the "Referral Program") is offered to eligible customers and partners by Conversey Inc. d/b/a Conversey ("Operator"). Under the program, if you are a customer or partner of Operator ("you" or a "referring participant"), and refer a new prospective customer or partner (individually a "prospect" and collectively, "prospects") to Operator during the Term of the Agreement, and such prospect or prospects enters into an approved monthly agreement with Operator while the Referral Program is in effect, you may be eligible to earn Conversey Service Credits (the "Referred Customer Benefit") in the form of a recurring referral bonus (each a "Referral Credit"). To be eligible as a referring participant and receive Referral Credits, you must have an active Conversey account, be a customer in good standing, have the ability to refer new prospects to Operator and be able to comply with these Referral Program Terms and Conditions. All referrals are subject to these Referral Program Terms and Conditions.

By participating in the Referral Program, and expressly in consideration of your referral of any prospects to Operator, you represent that you have read, understood and hereby agree to abide by these Terms and Conditions. Operator reserves the right to cancel, modify, change or suspend the Referral Program, including without limitation, the Term, at any time in its sole discretion, with or without notice. If the Referral Program is terminated, Operator, at its sole discretion, may decide whether to pay you any amount of Referral Credits earned prior to termination.

22. Electronic Signatures

You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "PLACE MY ORDER", "CONTINUE", "I ACCEPT" or similar links which require the User click to access Conversey services, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms of Service. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act"), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE CONVERSEY PLATFORM. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

24. Notices

Any notice, request, demand or other communication related to this Agreement from Conversey will be made to the email address associated with your account ("Notice"). Such Notice shall be effective when sent, even if you have not actually received or read the Notice. You agree to regularly check your account for such Notices, at least as frequently as monthly. Conversey may provide other traditional methods of Notice at its discretion, but is only required to provide email Notice. Notice from you to Conversey shall be effective once received by Conversey at 651 N Broad St, Suite 206, Middletown, Delaware 19709.