End User License Agreement (EULA)

This End User License Agreement (“Agreement”) is a legal agreement between you and bSeen LLC (“bSeen,” “Company,” “we,” “us,” or “our”) governing your download, installation, access to, and use of the bSEEN mobile application, including all related features, content, functionality, updates, and app-based services (collectively, the “App”). For purposes of this Agreement, “you” and “your” mean the individual who downloads, installs, accesses, creates an account for, or uses the App.

By downloading, installing, creating an account for, accessing, or using the App, you agree to be bound by this Agreement. If you do not agree to this Agreement, you must not download, install, access, create an account for, or use the App.

Relationship to Terms of Use and Privacy Policy

This Agreement supplements, and does not replace, the bSeen Terms of Use and Privacy Policy, each as made available in the App or on bSeen’s website. Your use of the App is also subject to the Terms of Use and Privacy Policy, each of which is incorporated into this Agreement by reference. If there is a conflict between this Agreement and the Terms of Use, this Agreement will control only with respect to your limited license to use the App and Apple-specific App Store terms. The Terms of Use will control with respect to the broader Services, website use, and matters not addressed in this Agreement. The Privacy Policy governs our collection, use, disclosure, storage, and protection of personal data.

Eligibility, Accounts, and User Information

The App is intended for users who are at least 13 years of age and located in the United States or its territories. By using the App, you represent that you meet those eligibility requirements. You agree to provide accurate, current, and complete information when creating or maintaining an account, profile, video profile, application, message, post, job-related response, or other submission through the App. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must promptly notify bSeen if you believe your account or credentials have been compromised.

Limited License

Subject to your compliance with this Agreement, the Terms of Use, and all applicable laws, bSeen grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to download, install, access, and use the App solely for your own lawful use in connection with bSeen’s networking, recruitment, employment, and related platform services. This license is granted only for use on devices that you own or control and as permitted by the Apple Media Services Terms and Conditions, including Apple’s Usage Rules. The App is licensed, not sold, to you. bSeen reserves all rights not expressly granted in this Agreement.

License Restrictions and Acceptable Use

You may not, and may not permit any other person to, use the App or any App content in any manner that violates this Agreement, the Terms of Use, applicable law, third-party rights, or the intended operation of the App. Without limiting the foregoing, you must not:

• copy, reproduce, modify, translate, adapt, create derivative works from, distribute, sell, lease, sublicense, or otherwise exploit the App except as expressly permitted by this Agreement;
• reverse engineer, decompile, disassemble, attempt to derive the source code of, or attempt to bypass any security, authentication, access control, or rights-management feature of the App;
• scrape, harvest, compile, download, or otherwise collect user profiles, user information, employment information, candidate information, contact information, or platform data except as expressly permitted by bSeen;
• use the App to send spam, unsolicited commercial messages, fraudulent communications, deceptive job-related communications, or other unauthorized solicitations;
• interfere with, disrupt, damage, overburden, impair, or gain unauthorized access to the App, bSeen’s systems, another user’s account, or any related network or service;
• upload, transmit, or introduce viruses, malware, spyware, time bombs, corrupted files, malicious code, or other harmful technology;
• impersonate any person or entity, misrepresent your identity, qualifications, employment history, affiliation, authorization, or relationship with any person or entity, or submit false or misleading profile, recruitment, or employment-related information;
• use another user’s information for unlawful, abusive, harassing, discriminatory, deceptive, or unauthorized purposes;
• use the App to make hiring, recruiting, employment, screening, or other decisions in violation of applicable employment, civil rights, privacy, consumer reporting, background check, data protection, or similar laws; or
• use the App in a manner that is unlawful, abusive, harmful, fraudulent, discriminatory, or otherwise inconsistent with the professional networking and recruitment purposes of the App.

User-Generated Content

The App may allow users to create, upload, submit, post, share, display, transmit, or otherwise make available content or information, including profile information, text, photographs, video profiles, skill demonstrations, employment history, education history, professional background, certifications, desired job information, messages, posts, responses, and other materials (collectively, “User-Generated Content” or “UGC”). You retain any ownership rights you have in your UGC, subject to the license granted to bSeen in this Agreement.

By submitting UGC through the App, you grant bSeen a worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to host, store, reproduce, format, modify for technical or display purposes, adapt for App functionality, transmit, display, perform, distribute, create previews or thumbnails from, make available to other users as directed by App functionality, remove, disable, and otherwise use your UGC as reasonably necessary to operate, maintain, provide, protect, promote, improve, and support the App and related Services. This license does not transfer ownership of your UGC to bSeen. It allows bSeen to operate the App and provide the functionality that users request or enable.

You represent and warrant that you own or otherwise have all rights, licenses, permissions, and consents necessary to submit your UGC and to grant the license above. You are solely responsible for your UGC and for the accuracy, legality, reliability, quality, and appropriateness of your UGC. bSeen has no obligation to treat UGC as confidential unless separately agreed in a written agreement signed by bSeen.

Prohibited Content

bSeen has no tolerance for objectionable content or abusive users. You must not create, upload, submit, post, share, display, transmit, or otherwise make available any UGC that:

• is unlawful, fraudulent, deceptive, false, misleading, defamatory, libelous, invasive of privacy, or otherwise tortious;
• is discriminatory, hateful, mean-spirited, abusive, bullying, harassing, threatening, intimidating, degrading, or directed at a person or group based on a protected status or personal characteristic;
• threatens, advocates, promotes, or depicts violence, self-harm, criminal conduct, exploitation, abuse, or unsafe conduct;
• is sexually explicit, pornographic, obscene, indecent, lewd, or contains nudity or non-consensual intimate content;
• exploits, sexualizes, endangers, targets, or is otherwise inappropriate for or harmful to minors;
• contains private, sensitive, or identifying information about another person without authorization, including addresses, phone numbers, account information, government identifiers, financial information, or other doxing-related content;
• infringes, misappropriates, or violates another person’s copyright, trademark, trade secret, patent, privacy, publicity, employment, contractual, or other rights;
• contains malware, malicious code, instructions for unauthorized access, phishing content, or other security-abusive material;
• constitutes spam, unauthorized advertising, junk messaging, chain letters, pyramid schemes, fraudulent offers, or other unsolicited or unauthorized commercial communications;
• impersonates another person or entity or misrepresents an affiliation, endorsement, authorization, employment relationship, credential, job opportunity, candidate status, or professional qualification;
• improperly collects, solicits, requests, or attempts to obtain information from other users, including login credentials, financial information, personal data, or contact information;
• violates applicable employment, anti-discrimination, harassment, privacy, consumer protection, publicity, intellectual property, data security, or other laws; or
• is otherwise objectionable, unsafe, unprofessional, abusive, or inconsistent with the purposes of the App, as determined by bSeen in its reasonable discretion.

Moderation, Reporting, Blocking, and Enforcement

bSeen may, but is not required to, monitor, screen, filter, review, remove, disable access to, or refuse to display any UGC or account activity at any time and for any reason, including when bSeen believes the UGC or activity violates this Agreement, the Terms of Use, applicable law, third-party rights, or the safety and integrity of the App. bSeen may use manual review, automated tools, user reporting, blocking features, filters, or other moderation measures to help maintain a safe and professional environment.

Users may report inappropriate UGC or abusive behavior through the reporting tools made available in the App. Users may also block other users through the blocking functionality made available in the App. bSeen will use commercially reasonable efforts to review reports of objectionable content or abusive users within 24 hours after receipt. bSeen may remove content, restrict visibility, disable messaging, suspend accounts, terminate accounts, preserve records, or take other action that bSeen determines is appropriate. bSeen is not obligated to restore any removed UGC or account access.

If bSeen determines that you are an abusive user, have repeatedly violated this Agreement, have submitted prohibited UGC, or have otherwise created risk for bSeen, the App, other users, or third parties, bSeen may immediately suspend or permanently terminate your account without prior notice.

Networking and Recruitment Disclaimers

The App is a networking, recruitment, employment, and related platform. bSeen does not guarantee any job, interview, hire, placement, candidate, employee, employer, recruiter, business opportunity, professional opportunity, response, communication, outcome, or result. bSeen does not verify and is not responsible for the accuracy, completeness, legality, or reliability of user profiles, video profiles, resumes, credentials, job-related information, employer information, candidate information, messages, posts, or other UGC unless bSeen expressly states otherwise in writing.

Users are solely responsible for their own communications, hiring decisions, employment decisions, recruiting decisions, screening practices, interviews, meetings, background checks, offers, agreements, and offline interactions. bSeen is not responsible for the conduct of any user, candidate, employer, recruiter, hiring manager, third-party service provider, or other third party, whether online or offline. You are responsible for exercising appropriate judgment and complying with all applicable laws when using information obtained through the App.

Privacy and Personal Data

Your use of the App may involve the collection, use, disclosure, storage, and processing of personal data as described in the Privacy Policy. By using the App, you acknowledge that bSeen will handle personal data in accordance with the Privacy Policy. You must not use the App to collect, process, disclose, or use another user’s personal data in violation of applicable law, the Privacy Policy, the Terms of Use, this Agreement, or the rights of that user.

bSeen Intellectual Property and Feedback

The App and all technology, software, code, design, layout, graphics, features, functionality, trademarks, service marks, trade names, content, and materials made available by bSeen, excluding UGC, are owned by bSeen, its licensors, or its service providers and are protected by United States and international intellectual property and proprietary rights laws. No right, title, or interest in or to the App or bSeen content is transferred to you except for the limited license expressly granted in this Agreement.

If you provide comments, suggestions, ideas, requests, improvements, or other feedback about the App or related Services, you grant bSeen a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable right to use that feedback for any purpose without restriction or compensation to you.

Copyright and Digital Millennium Copyright Act Process

bSeen respects intellectual property rights and expects users to do the same. If you believe that content available through the App infringes your copyright, you may submit a copyright notice in the manner described in the Terms of Use or Privacy Policy. The Digital Millennium Copyright Act (“DMCA”) process and designated contact information are intended to coordinate with the Terms of Use and Privacy Policy and may be updated by bSeen from time to time.

Third-Party Services and Third-Party Terms

The App may interact with or depend on third-party services, software, data, hosting, analytics, communications, maps, authentication, app store, device, wireless, or internet services. Those third-party services may be subject to separate terms, policies, fees, and privacy practices. You agree to comply with all applicable third-party terms when using the App, including the terms of your wireless data provider and the Apple Media Services Terms and Conditions. bSeen is not responsible for third-party services except to the extent expressly required by applicable law or a separate written agreement signed by bSeen.

Apple-Specific Terms

The following terms apply to the App when downloaded from or used through the Apple App Store or on Apple-branded products:

Acknowledgment

This Agreement is concluded between you and bSeen only, and not with Apple Inc. (“Apple”). bSeen, not Apple, is solely responsible for the App and its content, subject to the terms of this Agreement.

Scope of License

The license granted to you for the App is limited to a non-transferable license to use the App on Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The App may also be accessed, acquired, and used by other accounts associated with you through Family Sharing or volume purchasing, to the extent permitted by Apple.

Maintenance and Support

bSeen is solely responsible for providing any maintenance and support services for the App as specified in this Agreement or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services for the App.

Warranty

To the maximum extent permitted by applicable law, the App is provided on an “AS IS” and “AS AVAILABLE” basis. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be bSeen’s responsibility only to the extent required by this Agreement or applicable law.

Product Claims

As between bSeen and Apple, bSeen is responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including product liability claims, claims that the App fails to conform to applicable legal or regulatory requirements, and claims arising under consumer protection, privacy, or similar laws. Apple is not responsible for addressing those claims.

Intellectual Property Claims

In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, bSeen, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim to the extent required by this Agreement or applicable law.

Legal Compliance

You represent and warrant that you are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a terrorist-supporting country. You further represent and warrant that you are not listed on any United States government list of prohibited or restricted parties. You agree to comply with all applicable export control, sanctions, and trade laws in connection with your use of the App.

Third-Party Beneficiary

You and bSeen acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right, and will be deemed to have accepted the right, to enforce this Agreement against you as a third-party beneficiary.

Developer Contact Information

Questions, complaints, or claims regarding the App may be directed to bSeen using the contact information listed at the end of this Agreement.

Disclaimers

TO THE FULLEST EXTENT PROVIDED BY LAW, THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BSEEN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AVAILABILITY, RELIABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

BSEEN DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, THAT THE APP WILL BE AVAILABLE WITHOUT INTERRUPTION, THAT DEFECTS WILL BE CORRECTED, THAT USER CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE APP WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, BSEEN, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP, THE SERVICES, ANY CONTENT, ANY USER-GENERATED CONTENT, ANY THIRD-PARTY SERVICES, OR ANY INFORMATION OBTAINED THROUGH THE APP. THIS LIMITATION APPLIES TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS, LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OPPORTUNITY, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER OR DEVICE DAMAGE, WHETHER CAUSED BY TORT, NEGLIGENCE, BREACH OF CONTRACT, WARRANTY, STATUTE, OR OTHERWISE, EVEN IF FORESEEABLE. Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, the limitations above will apply to the fullest extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless bSeen and its affiliates, licensors, service providers, officers, directors, members, managers, employees, agents, successors, and assigns from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys’ fees, relating to your UGC, your use or misuse of the App, your violation of this Agreement, your violation of law, or your violation of any third-party right.

Suspension and Termination

bSeen may suspend, restrict, or terminate your access to the App or your account at any time if bSeen believes you have violated this Agreement, the Terms of Use, applicable law, third-party rights, or the safety, integrity, or intended operation of the App. You may stop using the App at any time. Upon termination, the license granted to you will end, and you must stop using the App.

Termination will not limit bSeen’s rights or remedies. Sections that by their nature should survive termination will survive, including provisions relating to ownership, user content licenses, disclaimers, limitations of liability, indemnification, governing law, venue, and general terms.

Updates to this Agreement

bSeen may update this Agreement from time to time in its discretion. The updated Agreement will be effective when posted in the App, on bSeen’s website, or otherwise made available to you, unless bSeen states a later effective date. Your continued use of the App after an updated Agreement becomes effective constitutes your acceptance of the updated Agreement. If you do not agree to the updated Agreement, you must stop using the App.

Governing Law and Venue

This Agreement and any dispute or claim arising from or relating to this Agreement, the App, or your use of the App will be governed by and construed in accordance with the internal laws of the State of Wisconsin, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or relating to this Agreement or the App must be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin, in each case located in the City of Green Bay and County of Brown. You consent and submit to the personal jurisdiction of those courts for that purpose.

General Terms

This Agreement, together with the Terms of Use and Privacy Policy, constitutes the entire agreement between you and bSeen regarding the App and supersedes all prior or contemporaneous understandings regarding the App. If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

bSeen’s failure to enforce any provision of this Agreement will not constitute a waiver of that provision or any other provision. You may not assign or transfer this Agreement or your rights under it without bSeen’s prior written consent. bSeen may assign this Agreement in connection with a merger, acquisition, sale of assets or equity, reorganization, or by operation of law.

Contact Information

Questions, complaints, notices, copyright notices, or claims regarding the App may be directed to bSeen at:

bSeen LLC
c/o Chief Executive Officer
4433 Oak Ridge Court
De Pere, Wisconsin 54115
Phone: (218) 391-7674
Email: support@bseentalent.com

BY CREATING AN ACCOUNT, ACCESSING, OR USING BSEEN, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.