Terms of Service

1.1. Purpose

By seamlessly connecting job seekers to employers through our apps, we make recruiting more accessible, opening up more possibilities for companies and candidates. From our founding in 2013, Scuddle’s game changing technology continues to better connect people and their favorite companies.

1.2. Agreement

When you use our Services, you are entering into a legal agreement and you agree to all of these terms.

You also agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

You agree that by clicking “Sign Up,” “Create an Account”, “Connect With LinkedIn,” or similar, registering, accessing, visiting, or using our services, you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). Your agreement is with Scuddle, Inc. (a Delaware corporation), referred to herein as “Scuddle” or “we”.

This “Agreement” includes this User Agreement and the Privacy Policy, and other terms that will be displayed to you, as may be amended by Scuddle from time to time. If you do not agree to this Agreement, do NOT click “Create an Account” (or similar) and do not access or otherwise use any of our Services.

This Agreement applies to both registered users of our Services and unregistered users (visitors).

2. Obligations

2.1. Service Eligibility

Here are some promises you make to us in this Agreement:

You're eligible to enter into this Agreement and you are at least our “Minimum Age.” To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) you will only have one Scuddle account, which must be in your real name; and (3) you are not already restricted by Scuddle from using the Services.

“Minimum Age” means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for Scuddle to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.

2.2. Your Membership

You'll keep your password a secret.

You will not share an account with anyone else and will follow our rules and the law.

As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., applicants, communications) and (4) follow the law and the Dos and Don'ts below. You are responsible for anything that happens through your account unless you close it or report misuse.

Note that for Services purchased by another party for you to use (e.g. promotional services bought by your employer), the party paying for the Service controls such an account (which is different from your personal account) and may terminate your access to it.

2.3 Payment

You'll honor your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices.

No Refunds. All promotional purchases made via Scuddle (i.e., paid postings on other job sites) are final and we do not guarantee refunds. You may also cancel your Scuddle subscription at any time but you won't be issued a refund unless it's legally required.

If you purchase any of our Paid Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
  • You must pay us for applicable fees and taxes unless you cancel the Paid Service, in which case you agree to still pay these fees through the end of the applicable subscription period.
  • Any taxes are calculated based on the billing information that you provide us at the time of purchase.

Scuddle is the fastest way to get a job published to the web, but we can't guarantee you will receive applicants (even if you pay to promote your job on Scuddle). Other factors outside our control can affect the number of applicants you receive. These other factors may include: your job type, job description, location of the job, the time of year, the presence of a photo on your job listing, advertised compensation for the position (if present), and more. Feel free to call us or email us for feedback on your job ad - (415) 841-2942 or contact@scuddle.com.

2.4. Notices and Service Messages

You're okay with us using our websites, mobile apps, phone, SMS, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.

If the contact information you provide isn't up to date, you may miss out on these notices or messages.

You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, SMS, telephone, or mail. You agree to keep your contact information up to date.

2.5. Messages and Sharing

When you share information, others can see, copy and use that information.

Our Services allow messaging and sharing of information in many ways, such as your profile, job postings, messages, notes, videos, questions, and answers. Information and content that you share or post may be seen by others. Note that certain activities, such as applying for a job, submitting a video to an employer, or sending a message are by default private, and only visible to the addressee(s) or publisher of the job.

We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

When you create an account on Scuddle as a job seeker, you create a profile. Some of the information on your profile is by default public and may be seen by anyone. Employers may find your profile and message you under this default setting.

To stop receiving certain messages from employers and to limit your profile’s visibility, you may change your profile’s settings via the toggle on your profile.

3. Rights and Limits

3.1. Your License to Scuddle

You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.

You promise to only provide information and content that you have the right to share, and that your Scuddle profile will be truthful.

As between you and Scuddle, you own the content and information that you submit or post to the Services and you are only granting Scuddle the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

  1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
  2. We will not include your content in advertisements for the products and services of others (including sponsored content) to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your content and information, and your comments on sponsored content may be visible as noted in the Privacy Policy.
  3. We will get your consent if we want to give others the right to publish your posts beyond the Service. However, others may access and share your content and information.
  4. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
  5. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

You agree that we may access, store and use any information that you provide via the Services.

By submitting suggestions or other feedback regarding our Services to Scuddle, you agree that Scuddle can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. Scuddle may be required by law to remove certain information or content in certain countries.

3.2. Service Availability

We may change or discontinue any of our Services. We can't promise to store or keep showing any information and content you've posted.

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you. Scuddle is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.

3.3. Other Content, Sites and apps

When you see or use others' content and information posted on our Services, it's at your own risk.

Third parties may offer their own products and services through Scuddle, and we aren't responsible for those third-party activities.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Scuddle generally does not review all content. You agree that we are not responsible for third parties' content or information or for any damages as result of your use of or reliance on it.

3.4. Limits

We have the right to limit how you connect and interact on our Services.

We're providing you notice about our intellectual property rights.

Scuddle reserves the right to limit your use of the Services. Scuddle reserves the right to restrict, suspend, or terminate your account if Scuddle believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don'ts).

Scuddle reserves all of its intellectual property rights in the Services. For example, Scuddle, Scuddle (stylized), “S” logos and other Scuddle trademarks, service marks, graphics, and logos used in connection with Scuddle are trademarks or registered trademarks of Scuddle. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.

4. Disclaimer and Limit of Liability

4.1. No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

TO THE EXTENT ALLOWED UNDER LAW, SCUDDLE (AND THOSE THAT SCUDDLE WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

4.2. Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS SCUDDLE HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), SCUDDLE (AND THOSE THAT SCUDDLE WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF SCUDDLE (AND THOSE THAT SCUDDLE WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SCUDDLE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF SCUDDLE HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

5. Termination

We can each end this Agreement anytime we want.

Scuddle or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
  • Sections 4, 6 and 7 of this Agreement;
  • Any amounts owed by either party prior to termination remain owed after termination.

6. Dispute Resolution

In the unlikely event we end up in a legal dispute, it will take place in California courts, applying California law.

You agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Santa Clara County, California, USA, and we each agree to personal jurisdiction in those courts.

7. General Terms

Here are some important details about how to read the Agreement.

If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don't act to enforce a breach of this Agreement, that does not mean that Scuddle has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Scuddle may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement. If you don't agree to these changes, you must stop using the Services.

You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

8. Scuddle “DOs” and “DON’Ts.”

8.1. Dos. You agree that you will:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and keep it updated;
  • Use your real name and/or company name on your profile, applications, and/or job listings;
  • Use the Services in a professional manner.

8.2. Don'ts. You agree that you will not:

  • Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
  • Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title”or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Scuddle);
  • Use an image that is not your likeness or a head-shot photo for your profile;
  • Create a false identity on Scuddle;
  • Post a fake job on Scuddle;
  • Misrepresent your current or previous positions and qualifications;
  • Misrepresent your affiliations with a person or entity, past or present;
  • Misrepresent your identity, including but not limited to the use of a pseudonym;
  • Create a profile for anyone other than yourself (a real person);
  • Use or attempt to use another's account;
  • Harass, abuse or harm another person;
  • Send spam or other unwelcomed communications to others;
  • Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
  • Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
  • Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
  • Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
  • Violate the intellectual property or other rights of Scuddle;
  • Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Scuddle;
  • Send messages to distribution lists, newsgroup aliases, or group aliases;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
  • Create profiles or provide content that promotes escort services or prostitution.
  • Creating or operate a pyramid scheme, fraud or other similar practice;
  • Copy or use the information, content or data of others available on the Services (except as expressly authorized);
  • Copy or use the information, content or data on Scuddle in connection with a competitive service (as determined by Scuddle);
  • Copy, modify or create derivative works of Scuddle, the Services or any related technology (except as expressly authorized by Scuddle);
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
  • Imply or state that you are affiliated with or endorsed by Scuddle without our express consent (e.g., representing yourself as an accredited Scuddle trainer or re-seller);
  • Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
  • Remove, cover or obscure any advertisement included on the Services;
  • Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
  • Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  • Monitor the Services' availability, performance or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • Access the Services except through the interfaces expressly provided by Scuddle, such as its mobile applications or scuddle.com;
  • Override any security feature of the Services;
  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
  • Include personal contact information or links to other job sites or job application procedures in job descriptions or postings
  • Make a job title ALL CAPS
  • Use inappropriate or offensive images for a job posting or profile image
  • Use excessive punctuation in job descriptions or postings (i.e., How Hiring Sales Associates !!!!!!!!!)
  • Post a job that is a(n):

    • - business opportunity
    • - unpaid internship, barter, deferred pay job, etc...
    • - "Work from home" opportunity
    • - multilevel or referral marketing scheme
    • - job requiring upfront fee(s)
    • - ad for services or vocational training
    • - a duplicate job posted in multiple locations/categories
    • - violation of employment law
  • We reserve the right to edit or remove any applications, job postings, or accounts that are not deemed in compliance with our Terms of Service, Privacy Policy or any of the Dont's listed above.

9. How To Contact Us

If you want to send us notices or service of process, please contact us:

VIA EMAIL at:

contact@scuddle.com

OR BY MAIL at:

Scuddle, Inc.
P.O. Box 475515
San Francisco CA 94147 USA