Ethosia Ltd. ("Ethosia", "us", "our", or "we"), a company incorporated in the State of Israel with Recruiter No. 513093617 and registered offices at Pinchas Rosen 72, Tel Aviv, Israel, provides a technological platform for connecting recruiters, employers, and job-seekers platform and enabling communication and optimal matches between professionals and employment opportunities available through this website and our mobile application ("Platform"). These Terms of Service ("Terms") govern your access to and use of the Platform and the services available thereon ("Services"). Our Privacy Notice, available at https://ethosia.co.il/privacy-policy/ ("Privacy Notice") governs our collection, processing and transfer of any Personal Data (as defined in the Privacy Notice). The Platform can be used by Ethosia personnel, an entity or company, including a recruitment company that is seeking to fill open positions ("Recruiter"); or professionals seeking available positions ("Job-Seekers"). "You" means any individual using the Platform or Services, whether as a Recruiter, an employee of a Recruiter using the Platform as an "Administrator" or as an "Employee".
Please read these Terms carefully. By clicking on the button marked "I agree" you signify your assent to these Terms. Changes may be made to these Terms from time to time. Any change will become effective on the date the updated Terms are posted on the Platform. If you do not agree to any of these Terms, please do not click the button marked "I agree" and do not use the Platform or Services.
If you are registering on behalf of a Recruiter, you represent that you are authorized to enter into, and bind such entity to these Terms and to register for the Services on its behalf. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Recruiter, and the right to access the Services is revoked where these Terms or use of the Services is prohibited.
In the event of a conflict between these Terms and a license agreement we have executed with the applicable Recruiter ("Services Agreement") separately prior to entering into these Terms, the provisions of such Services Agreement, if and as applicable, shall prevail
1. Use of Services
1.1. Subject to these Terms and the Services Agreement, Ethosia allows you to access and use the Platform and Services on a non-exclusive basis. Ethosia may, at its sole discretion and at any time, modify or discontinue providing the Platform or Services or any part thereof without notice and shall not be liable to you or any third party for any modification or discontinuance of the Services.
1.2. Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older (if you are an individual) and have the ability to form a binding contract; (d) your use of the Services shall be for professional purposes only and does not violate any applicable law, regulation, or obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Platform and/or Services.
1.3. You acknowledge and agree that from time to time, we may use aggregate and anonymous information for analytical purposes, for the purpose of improving the Platform and/or Services as well as for other internal purposes ("Aggregate Data"). This Aggregate Data may contain information derived from information provided by a Recruiter, provided that the Aggregate Data will not be derived solely from one specific Recruiter and cannot identify or be associated with any particular Recruiter, Job-Seeker or any other individual.
2. Account Registration
2.1. In order to use the Platform and/or Services, you will need to have a registered account. Depending on the designation of your account type, different services may be available to you.
2.2. Registration of a Job-Seeker Account. You can register by logging in through your Google, LinkedIn, Facebook, or other third-party login account ("Login Account") as may be permitted by Ethosia from time to time. By registering through a Login Account, you represent and warrant that such Login Account is yours and that you have full rights to provide us with the information in such Login Account. To complete the registration process, you must provide any (additional) registration information requested by us. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with improved Services.
2.3. Registration of Recruiter Accounts. Users accessing the Platform on behalf of a Recruiter may be designated as an "Administrator" or as an "Authorized User". An Administrator may register additional Authorized User accounts for users of the Recruiter and may provide the names and email addresses of additional Authorized Users. Each additional authorized user will be required to complete the registration process and accept these Terms. If you are an Administrator, you represent and warrant that you have provided all necessary notices and received all necessary consents as required under applicable law and you have the full right and power to provide Ethosia with any Personal Data of any third party and to allow Ethosia to process and share such Personal Data for the purpose of provision of the Services and for its own internal business purposes, all as detailed in the Privacy Notice, including allowing such Personal Data to be displayed publicly on the Platform.
2.4. Ethosia may refuse to open an account for any individual or entity at its sole discretion.
2.5. You agree to notify us immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, Ethosia will not be liable for any losses or damages arising from unauthorized use of your account or password, and you agree to indemnify and hold Ethosia harmless for any unauthorized, improper or illegal use of your account, unless you have notified us via e-mail at email@example.com that your account has been compromised and have requested that we block access to it, which we will do as soon as reasonably practicable. We do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.
3. Suspension and Termination of Account
3.1. You agree that Ethosia may, at its discretion and for any reason, without notice, suspend or terminate your account, and may remove any Content (as defined below) associated with your account and take any other corrective action it deems appropriate. Grounds for such suspension or termination include:
3.1.1. With respect to the Recruiter or a user representing a Recruiter: (i) termination, suspension or expiration of the Recruiter's account; (ii) a change in the user's position within the Recruiter's organization, such as where the individual is no longer considered an administrator; or (iii) failure by the Recruiter to make payment in accordance with these Terms.
3.1.2. With respect to any user: (i) violation of the letter or spirit of these Terms, (ii) an extended period of inactivity; (iii) fraudulent, harassing or abusive behavior, (iii) behavior that is illegal or harmful to other users, third parties, or the business interests of Ethosia.
3.2. If your account is terminated, you may not rejoin Ethosia again without express permission. Upon termination of your account, you shall not have any further access to any Content that may be available through your account. If your Job-Seeker account is terminated, your Personal Data may be retained by Recruiters with whom you have shared your Personal Data, as described more fully in the Privacy Notice.
3.3. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
3.4. You may request termination of your Ethosia account at any time and for any reason by sending an email to firstname.lastname@example.org or may deactivate your account through your account settings. Following such request, Ethosia shall close your account as soon as reasonably practicable. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension or termination.
4. Subscriptions and Payments.
4.2. The minimum subscription term is 12 months. Upon expiration of the initial 12-month term, the subscription shall be renewed automatically on an annual basis, unless either the Recruiter or Ethosia provides notice at least 60 days in advance of its intent to terminate the subscription.
4.3. Payments will be made on a monthly basis, in advance of each applicable month.
4.5. Where applicable, taxes may also be charged. In accordance with applicable law, VAT will be added to all payments made to Ethosia. Except as expressly provided in these Terms, fees are non-refundable.
4.6. Please note that Ethosia may impose or deduct foreign currency processing costs on or from any payments or payouts by Ethosia in currencies other than New Israeli Shekel. When converting currency, prices may be rounded up to the nearest whole number.
5.1. Certain types of content may be made available through the Services. "Content" as used in these Terms means, collectively, all content on or made available through the Services, including any images, photos, pictures, videos, information, and any modifications or derivatives of the foregoing. Ethosia allows you to post certain Content including but not limited to images, pictures, videos, CVs, information regarding past experiences, and information regarding open positions, on or through the Services, referred to herein as "User Content".
5.2. ETHOSIA DOES NOT ENDORSE ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY USER CONTENT) OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION THEREWITH. ETHOSIA DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT DUE TO ETHOSIA'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
6. User Content Restrictions
6.1. Ethosia has no obligation to accept, display, or maintain any User Content. Moreover, Ethosia reserves the right to remove and permanently delete any User Content uploaded by you, without notice and for any reason. You are and shall remain at all times fully and solely responsible for any User Content that you upload to the Services. You represent and warrant that any User Content that you upload (i) complies with applicable law; (ii) does not infringe or violate any third-party intellectual property rights, privacy or publicity rights, or moral rights; and (iii) that you have all necessary rights and authorities to submit such User Content, including, without limitation, logos or other intellectual property belonging to the Recruiter, if applicable. Any User Content posted or submitted through the Services shall not be considered confidential and may be disseminated by Ethosia without compensation to you.
6.2. Without limiting the foregoing, you agree that you will not transmit, submit or upload any User Content or act in any way that: (1) restricts of inhibits use of the Services; (2) violates the legal rights of others, including defaming, abuse, stalking or threatening users; (3) infringes (or results in the infringement of) the intellectual property rights, moral rights, publicity, privacy, or other rights of any third party; (4) is (or you reasonably believe or should reasonably believe to be) stolen, illegal, counterfeit, fraudulent, pirated, violent or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (5) does not comply with all applicable laws, rules and regulations; (6) imposes an unreasonably or disproportionately large load on our infrastructure; or (7) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.
6.3. Ethosia may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means, provided however, that Ethosia reserves the right to treat User Content as content stored at the direction of users for which Ethosia will not exercise editorial control except when violations are directly brought to Ethosia attention.
6.4. Content comes from a variety of sources. You understand that Ethosia is not responsible for the accuracy, usefulness, safety, appropriateness of, or infringement of any intellectual property rights of or relating to this Content (including but not limited to the User Content). Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials and that you may be involuntarily exposed to such offensive or obscene materials. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto. It is also possible for others to obtain Personal Data about you due to your use of the Platform, including through any User Content that you make available through your account. Anyone receiving or viewing User Content may use information you provided through such User Content (such as your contact details, location or description of an entity you represent) for purposes other than what you intended. We are not responsible for the use of any Personal Data that you disclose on the Platform or through any User Content by any third party. By making any information available through the Platform you acknowledge that you understand and have agreed to such risks.
7. Use Restrictions. You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Platform or Services without our prior written authorization, including framing or mirroring any part of the Platform or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (3) use the Platform or Services or content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or Services; (5) use or access another user’s account or password without permission; or (6) use the Platform or Services or content thereon in any manner not permitted by these Terms.
8. Intellectual Property
8.1. Ethosia or its licensors, as the case may be, have all right, title and interest in the Platform or Services, and any Content thereon, including its overall appearance, text, graphics, graphics design, videos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Content of the Platform or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated therein, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or in the Platform or Services should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Ethosia or any third party. If you provide Ethosia with any feedback regarding the Services, Ethosia may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
8.2. You have all right, title and interest in the User Content you submit. By submitting or posting any User Content, you grant Ethosia and its successors and assignees a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, alter, decompile, publicly perform such User Content on, through or in connection with the Platform in any media formats and through any media channels, including, without limitation, for commercially promoting the Platform or any Ethosia services. The above license grants Ethosia the right to share User Content, including Personal Data, to BrightSource Data Analytics Ltd., a service provider of Ethosia ("Brightsource"), and grants BrightSource the right to make any use of such Sser Content, as it sees fit, at its sole discretion, for the purpose of providing Services to users. BrightSource's use of User Content will be subject to its terms of service and privacy notice.
9.1. The policy of Ethosia is not to infringe upon or violate the intellectual property rights or other rights of any third party, and Ethosia will refuse to use and remove any User Content that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), Ethosia will remove any Content (including, without limitation, any User Content) if properly notified that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of Ethosia is to terminate the accounts of repeat infringers in appropriate circumstances.
9.2. You are in the best position to judge whether User Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with User Content.
9.3. If you believe that something appearing on the Platform infringes your copyright, you may send us a notice requesting that it be removed, or that access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA allows you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult with your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us at email@example.com.
10. Disclaimers and Disclaimer of Warranty
10.1. All information and Content posted on the Platform is for informational purposes only and Ethosia provides no guarantees with respect thereto. Your acknowledge that use of the Platform, and/or Services is at your sole discretion and risk. The Platform, and Content provided thereon, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that the Services will be of good quality or useful for your needs.
10.2. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM OR SERVICES OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLATFORM OR SERVICES; OR (II) THAT THE PLATFORM OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE PLATFORM OR SERVICES.
10.3. No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
10.4. You acknowledge and agree that Ethosia is not a data retention service. You therefore must create backups of your data, and Ethosia shall have no responsibility or liability in respect of any loss of, damage to, or corruption of any such data.
11. Limitation of Liability
11.1. In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the Internet or on the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death and any injury or damage to any person's mobile device or computer, resulting from use of the Platform, Services, from any Content, or from the conduct of any users, whether online or offline. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Ethosia, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.
11.2. IN NO EVENT SHALL ETHOSIA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ETHOSIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED AN AMOUNT OF US$500, PROVIDED THAT IF YOU HAVE NOT MADE ANY PAYMENTS TO ETHOSIA FOR THE USE OF THE SERVICES, THEN ETHOSIA SHALL NOT HAVE ANY LIABILITY TOWARD YOU. THE ABOVE LIMITATION OF LIABILITY SHALL NOT APPLY FOR LIABILITY CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ETHOSIA.
12. Indemnification. You agree to indemnify, defend, and hold harmless Ethosia, its affiliates, and their respective employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) Platform or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law.
13. Third-Party Content. The Platform may provide you with third-party links to websites, applications, and services. We make no promises regarding any content, goods or services provided by such third parties and all use of third-party websites and applications is at your own risk. We do not endorse any products offered by third parties and we urge you to exercise caution in using third-party websites or applications.
14. Miscellaneous. These Terms shall be governed solely by the laws of the State of Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Ethosia or enables you to act on behalf of Ethosia. Except as may be expressly stated herein, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.
Last updated: November 2022