1. Introduction and acceptance

1.1 These Terms of Use (the "Terms") govern your access to and use of the openjobs.ai website and its publicly available pages (the "Website"). By accessing or using the Website, you agree to these Terms. If you do not agree, you must not use the Website.

1.2 openjobs connects AI talent with companies deploying next generation AI.

2. The entity that operates the Website

2.1 The Website and the Platform are operated by Jean Martin Inc. and Jean Martin Systems India Private Limited. The entity with which you contract under these Terms, and the law that governs them, are determined by the country in which you are established or resident:

2.2 Meaning of "openjobs". In these Terms, "openjobs", "we", "us" and "our" mean the entity identified at clause 2.1 as your contracting entity, and where the context requires, its affiliates and their respective officers, directors, employees and agents. "openjobs.ai" is a trading name used by each of those entities.

3. Definitions

3.1 "you" and "your" mean any person who accesses or uses the Website.

3.2 "Candidate" means an individual who uses the Platform as an applicant, candidate, employee or contractor, or whose information is processed through the Platform for sourcing, hiring, engagement or payment purposes.

3.3 "Customer" means a business, such as an employer, recruiter, recruitment or workforce services provider or client organization, that registers for or uses the Platform to post roles, source candidates or engage contract personnel through openjobs. Candidates and Customers are each governed by their own separate Terms of Service.

3.4 "Platform" means the openjobs platform at openjobs.ai together with all related applications and services.

4. Relationship to the other openjobs terms

4.1 These Terms apply to general visitors. If you register or use the Platform in a specific role, additional terms apply and take precedence for that use:

• (a) Candidates, applicants and contractors are governed by the Candidate Terms of Service;
• (b) employers, recruiters and client organizations are governed by the Terms of Service for Employers, and by the plan or service terms displayed in the portal at the time of purchase.

4.2 Your use of the Website and the Platform is also subject to the Privacy Policy, the Cookie Policy and the Acceptable Use Policy.

4.3 Where you have entered into a Master Services Agreement with openjobs, that agreement and any Statement of Work issued under it take precedence over this document in the event of any conflict, and the order of precedence at clause 1.6 of the Terms of Service for Employers applies.

5. Eligibility

5.1 The Website is intended for users who are at least 18 years of age, or older where Applicable Law requires. By using the Website you confirm that you meet this requirement.

6. Permitted use

6.1 You may use the Website to learn about openjobs, to view publicly available content, and to access information about its services, in each case for lawful purposes and in accordance with these Terms.

7. Prohibited use

7.1 You will not:

• (a) scrape, crawl, harvest or otherwise extract data from the Website by automated means, except as expressly permitted, for example lawful search engine indexing;
• (b) copy, reproduce, resell or exploit any part of the Website without permission;
• (c) attempt to gain unauthorized access to, interfere with, or disrupt the Website or its security;
• (d) use the Website unlawfully, to infringe the rights of others, or to transmit malicious code;
• (e) misrepresent your identity or your affiliation with any person or organization;
• (f) frame, mirror or deep link to the Website, or misrepresent your relationship with openjobs;
• (g) use the Website, or any content or data on it, to develop or train any machine-learning or artificial-intelligence model, or to build or benefit a competing product or service, without prior written permission;
• (h) use automated means to create accounts, or circumvent, disable or interfere with any security, access-control, rate-limiting or usage restriction, including robots.txt;
• (i) reverse-engineer, decompile or attempt to derive the source code of any part of the Website, except to the extent Applicable Law expressly permits;
• (j) remove, obscure or alter any copyright, trademark or other proprietary notice; or
• (k) use the Website in violation of any applicable export-control, sanctions or anti-money-laundering law, or if you are in, or a resident of, a sanctioned or embargoed country or region, or are on a restricted-party or denied-party list.

8. Intellectual property

8.1 The Website and its content, including text, graphics, logos, trademarks and software, are owned by openjobs or its licensors and are protected by intellectual property law. openjobs grants you a limited, non-exclusive, non-transferable, revocable license to view and use the Website for its intended purpose. No other rights are granted.

8.2 openjobs, the openjobs logo, and related names and marks are trademarks of openjobs and may not be used without prior written permission.

8.3 If you send openjobs feedback or suggestions about the Website, you grant openjobs a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction or any obligation to you.

8.4 If you submit or post any content through the Website, for example through forms, comments or feedback, you confirm that you have the right to do so, and you grant openjobs a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, adapt and display that content in connection with operating, improving and promoting the Website and the services. You are responsible for the content you submit, and openjobs may remove or restrict it at its discretion.

8.5 If you take part in an openjobs campaign, promotion or hashtag activity, you grant openjobs a worldwide, non-exclusive, royalty-free right to repost, display and use that content, together with your handle or name as shown, on the Platform, the openjobs website and its social media channels, in connection with the campaign and its marketing. You confirm that you have the right to share it. openjobs is not obliged to use it, and you may ask openjobs to stop using it going forward.

8.6 openjobs may provide tools to share a job posting, blog post, article or other resource by copying a link, by email, or through Facebook, WhatsApp, X or LinkedIn. You may use these tools to share that content for personal, non-commercial and informational purposes, provided that you do not alter them, remove any attribution or notice, or present them misleadingly. All rights in those resources remain with openjobs.

9. Copyright complaints and takedown

9.1 openjobs respects the intellectual property rights of others and expects users of the Website and the Platform to do the same. Users submit resumes, profiles, portfolios, job postings, logos and other content, and openjobs does not review that content before it appears.

9.2 Notifying openjobs of an infringement. If you believe content on the Website or the Platform infringes a copyright you own or are authorized to act for, send a written notice to the address at clause 9.6 containing: your name, address, telephone number and email address; identification of the work you say has been infringed; identification of the material you say is infringing and enough detail for openjobs to locate it; a statement that you believe in good faith that the use is not authorized by the rights holder, its agent or the law; a statement that the information in the notice is accurate and, under penalty of perjury, that you are the rights holder or authorized to act for them; and your physical or electronic signature.

9.3 What openjobs does. On receiving a notice that complies with clause 9.2, openjobs will remove or disable access to the material within a reasonable time and will take reasonable steps to notify the user who submitted it.

9.4 Counter notice. If your material has been removed and you believe it was removed in error or misidentified, you may send a counter notice to the same address containing your contact details, identification of the material and where it appeared, a statement under penalty of perjury that you believe in good faith it was removed in error, your consent to the jurisdiction of the courts identified at clause 20 and your agreement to accept service of process from the person who gave the original notice, and your signature. openjobs may restore the material in accordance with Applicable Law.

9.5 Repeat infringers. openjobs will terminate, in appropriate circumstances, the accounts of users who repeatedly infringe the rights of others.

9.6 Designated agent. Notices under this clause should be sent to openjobs at support@openjobs.ai, marked for the attention of the copyright agent.

10. Website content and listings

10.1 Information on the Website, including any job-related content, is provided for general information and may change without notice. openjobs does not warrant that Website content is complete, accurate or current, and is not responsible for content provided by employers, recruiters or other third parties.

10.2 Listed partners. The Website may name or display the logos of training institutions, certification bodies or other organizations. Unless openjobs states otherwise in writing, naming or displaying an organization does not mean that openjobs is affiliated with it, endorses it, or has any agreement with it, and openjobs is not responsible for the services, content, courses, certifications, conduct or claims of any such organization. Any dealings between you and a listed organization are solely between you and that organization.

10.3 Featured candidates. The Website may display candidate profiles in a featured candidate, candidate showcase or similar section. Inclusion in, or omission from, any such section is not an assessment, evaluation, recommendation or endorsement of any Candidate by openjobs. Candidates shown there are not selected by any ranking, score or assessment. openjobs does not vet, screen, score or rank candidates, and does not assess any Candidate against any role, vacancy or requirement. Any decision about a Candidate displayed there, including whether to contact or engage them, is yours alone and is made on your own criteria. Clause 10.1 applies to the content of any profile displayed.

10.4 Job listings and where they come from. A listing on the Website is either a role published by a Customer which is actively hiring for it, or a general Talent Pool listing published by openjobs to build a pool of Candidates with a particular set of skills. A Talent Pool listing is not a vacancy and names no organization. openjobs does not confirm, verify or endorse any listing, the organization named in it, or the terms it describes. An organization named in a listing may ask openjobs to amend or remove it, and openjobs will consider that request and, where it agrees to act, will do so within a reasonable period. Requests should be sent to support@openjobs.ai.

10.5 Reporting content. If you believe that content on the Website or the Platform is unlawful, misleading, impersonates another person or organization, or otherwise breaches these Terms or the Acceptable Use Policy, report it to support@openjobs.ai. openjobs will acknowledge a report and will respond within a reasonable period, and in any event within any period required by Applicable Law. openjobs may remove or disable access to content while it investigates. Complaints about copyright are dealt with under clause 9, and complaints about personal information under clause 15 of the Privacy Policy.

10.6 No payment is ever required. openjobs never asks you to pay in order to apply for, be considered for, or obtain a role, and Customers using the Platform are prohibited from doing so. No one acting, or claiming to act, for openjobs or for a Customer will ask you for a fee, deposit or processing charge, or for banking passwords, one-time passwords or payment credentials. If you receive any message, offer or request of that kind, whether through the Website, the Platform or otherwise, do not respond and do not pay. Report it to support@openjobs.ai or under clause 10.5.

11. Resources and editorial content

11.1 The Platform may make available blogs, articles, guides, salary or market data, industry trends, news and other editorial or research content ("Resources"). Resources are provided for general information and research purposes only. They are not professional, legal, financial, tax, career, hiring or employment advice and must not be relied upon as a substitute for advice from a suitably qualified professional. openjobs does not warrant that Resources are accurate, complete, current or suitable for any purpose and, to the maximum extent permitted by Applicable Law, is not liable for any action taken, or not taken, in reliance upon them. Resources may include information from or links to third parties that openjobs does not endorse or control, and openjobs may change or remove Resources at any time.

11.2 Forward-looking statements. Content published by openjobs, on the Website, the Platform, its social media channels and in its emails, may include forward-looking statements, such as statements about market or hiring trends, salary projections, industry forecasts, expected outcomes, or plans for future products and features. These reflect the views and assumptions of openjobs at the time of publication, are inherently uncertain, and are provided for general information only. They are not promises, guarantees, commitments or advice, and actual outcomes, timelines and results may differ materially. openjobs is under no obligation to update or revise any forward-looking statement and, to the maximum extent permitted by Applicable Law, is not liable for any action taken, or not taken, in reliance upon them. Any description of planned features does not form part of any agreement with openjobs and should not be relied upon in making a purchase or engagement decision.

12. Third-party links and services

12.1 The Website may contain links to third-party sites and services that openjobs does not control and that are governed by their own terms and policies. openjobs is not responsible for them, and your use of them is at your own risk.

12.2 Once content is shared to, or interaction occurs on, a third-party platform, including any social media or messaging service, that content and interaction are governed by the terms and privacy practices of that third party and not by these Terms.

13. Disclaimers

13.1 To the maximum extent permitted by Applicable Law, the Website is provided "as is" and "as available", without warranties of any kind. openjobs does not warrant that the Website will be uninterrupted, secure or error-free, or that any information on it is accurate or reliable. The Website and its content are provided for general information only and are not professional, legal, financial or tax advice.

13.2 To the fullest extent permitted by Applicable Law, openjobs disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and does not warrant that any defect will be corrected or that the Website or the servers that make it available are free of viruses or other harmful components.

13.3 openjobs does not guarantee the retention, preservation or recoverability of any material you submit through the Website, and does not warrant that any backup will exist or be complete. You are responsible for keeping your own copies. openjobs gives no commitment as to availability, uptime or time to restore, and may carry out scheduled or emergency maintenance, and may modify, suspend or discontinue the Website or any part of it as provided in clause 16.1, in each case without liability to you.

14. Limitation of liability

14.1 To the maximum extent permitted by Applicable Law, openjobs and its affiliates, and their respective officers, directors, employees, investors and agents, will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business interruption, arising out of or relating to the Website or these Terms, whether in contract, tort including negligence, or otherwise, even if advised of the possibility and even if a remedy fails of its essential purpose.

14.2 To the extent a cap is permitted by Applicable Law, the total aggregate liability of openjobs arising out of or relating to the Website or these Terms will not exceed the greater of the total amounts, if any, you paid to openjobs in the twelve (12) months preceding the event giving rise to the claim, and United States Dollars 100 or Indian Rupees 10,000.

14.3 Some jurisdictions do not allow certain of these exclusions or limitations, in which case the liability of openjobs is limited to the maximum extent permitted by Applicable Law.

15. Indemnity

15.1 You will indemnify, defend and hold harmless openjobs, its affiliates, and their respective officers, directors, employees, investors and agents against any and all claims, demands, actions, liabilities, losses, damages, costs and expenses, including reasonable legal fees, arising out of or relating to: (a) your access to or use of, or inability to use, the Website; (b) your breach or alleged breach of these Terms or any policy incorporated into them; (c) your violation of any Applicable Law; (d) your violation or infringement of any intellectual-property, privacy, publicity or other right of any person or entity; or (e) any content or information you submit, post or transmit through the Website.

15.2 openjobs will give you reasonable notice of any claim for which it seeks indemnification, and you will cooperate in its defense. openjobs may at its option assume the exclusive defense and control of any such matter at your expense, and you will not settle any claim in a manner that imposes any obligation or admission on openjobs, its affiliates or their personnel without its prior written consent.

15.3 This indemnity is in addition to, and does not limit, any other right or remedy available to openjobs, and it survives termination of these Terms and your use of the Website. You are not required to indemnify openjobs for loss to the extent caused by its own fraud, gross negligence or wilful misconduct, or to any greater extent than Applicable Law permits.

16. Changes to the Website and these Terms

16.1 openjobs may modify, suspend or discontinue the Website, or any part of it, at any time, and may update or change these Terms from time to time. Any update takes effect when the updated Terms are posted on the Website. openjobs will make reasonable efforts to notify you of material changes, but it is your responsibility to review these Terms periodically. Your continued use of the Website after updated Terms are posted constitutes your acceptance of them. If you do not agree you must stop using the Website.

16.2 openjobs may restrict, suspend or block your access to the Website at any time, including where it reasonably believes you have breached these Terms or where necessary to protect the Website or other users.

17. Force majeure

17.1 openjobs is not liable for any delay or failure to perform, or for any unavailability of the Website, caused by an event beyond its reasonable control, including any act of God, natural disaster, epidemic or pandemic, war, terrorism, civil unrest, strike, or failure of power, internet, telecommunications, hosting or other infrastructure, or governmental or regulatory action.

18. Assignment

18.1 You may not assign or transfer these Terms without the prior written consent of openjobs. openjobs may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization, financing or sale of assets, including any transfer of the openjobs business to a separate entity, without your consent. This includes any transfer to a successor entity incorporated in the United States and any transfer between Jean Martin Inc. and Jean Martin Systems India Private Limited required in order to give effect to clause 2.1.

19. General provisions

19.1 Entire agreement. These Terms, together with the Privacy Policy, the Cookie Policy and the Acceptable Use Policy, constitute the entire agreement between openjobs and you regarding your use of the Website and supersede any prior understanding on that subject.

19.2 Severability. If any provision is found invalid or unenforceable, it will be limited or removed to the minimum extent necessary and the remaining provisions remain in full effect.

19.3 Waiver. The failure of openjobs to enforce any provision is not a waiver of it, and no waiver is effective unless made in writing.

19.4 No third-party beneficiaries. These Terms do not create any rights for anyone other than openjobs and you.

19.5 Notices. openjobs may give notice through the Website or by posting on it. You may contact openjobs using the details at clause 22.

19.6 Survival. Provisions which by their nature should survive termination, including intellectual property, disclaimers, limitation of liability, indemnity and governing law, survive.

19.7 Relationship. Nothing in these Terms creates any partnership, agency, employment or joint venture relationship between openjobs and you.

19.8 Accessibility. openjobs aims to make the Website accessible to as many users as possible. If you encounter an accessibility barrier, please contact support@openjobs.ai.

19.9 Language. These Terms are made in the English language, which governs their interpretation.

20. Governing law and dispute resolution

20.1 The governing law and forum applicable to these Terms are determined by the entity identified at clause 2.1 for your location.

20.2 Where that entity is JMS. These Terms are governed by the laws of India and the courts at Chennai, Tamil Nadu have exclusive jurisdiction, without prejudice to any mandatory right you may have under the law of your place of residence.

20.3 Where that entity is JMI. These Terms are governed by the laws of the State of New York and applicable United States federal law, without regard to conflict-of-laws principles, and, except for disputes subject to arbitration under clause 21, the state and federal courts located in the State of New York have exclusive jurisdiction.

21. United States additional terms

21.1 This clause applies if you are in the United States or your use of the Website relates to the United States. To the extent of any conflict with the preceding clauses, this clause governs for such users.

21.2 Binding arbitration; class-action and jury-trial waiver. Any dispute arising out of or relating to these Terms or the Website will be resolved by binding, individual arbitration administered by the American Arbitration Association under its applicable rules, seated in New York, and governed by the Federal Arbitration Act. openjobs and you each waive any right to a trial by jury and agree that claims may be brought only in an individual capacity and not as part of any class or representative proceeding. Either party may still bring an individual claim in a small-claims court and seek injunctive relief to protect intellectual property.

21.3 Thirty day opt-out. You may opt out of the arbitration agreement by notifying openjobs in writing at support@openjobs.ai within thirty (30) days of first accepting these Terms.

21.4 Electronic communications. You consent to receive communications, notices and disclosures electronically, with the same legal effect as paper records under the United States Electronic Signatures in Global and National Commerce Act.

22. Contact

22.1 Questions about these Terms may be addressed to support@openjobs.ai.

22.2 Jean Martin Inc., 260 Madison Avenue, Floor 8, New York, NY 10016, United States.

22.3 Jean Martin Systems India Private Limited, No. 37, TTK Road, CIT Colony, Alwarpet, Chennai, Tamil Nadu 600018, India, CIN U72200TN2004PTC053085.