- Right to Use. Subject to your compliance with these Terms, Karat hereby grants you anon-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the Karat Platform in your personal capacity. Karat reserves any and all rights not expressly granted to you pursuant to these Terms. The limited rights granted to you to access and use the Karat Platform do not constitute the sale of or license to any software program or other intellectual property.
- Karat User IDs. In order to use the Karat Platform, you may be required to create an account, select a password and username (“Karat User ID”), and provide us with certain registration information, such as your name and email address. You agree to provide us with accurate, complete, and updated registration information. You may not select as your Karat User ID a name that you do not have the right to use nor may you use another individual’s name with the intent to impersonate that individual. You may not share your Karat User ID nor transfer your account to any other individual. You are responsible for ensuring the security of your Karat User ID, and you will immediately notify us if you suspect your Karat User ID or the security of the Karat Platform has been compromised.
- Restrictions. You shall not use the Karat Platform in a manner that:
- Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, or obscene;
- Attempts, in any manner, to obtain the password, account, or security information from any other user;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Karat Platform, or any processes that run or are activated while you are not logged into the Karat Platform, or that otherwise interfere with the proper working of the Karat Platform (including by placing an unreasonable load on the Karat Platforms’ infrastructure);
- Violates any law or regulation;
- Uses or attempts to use the Karat Platform to directly compete with Karat;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Karat Platform; or
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information relating to the Karat Platform.
- Interview Conduct.
- You agree to keep all information, questions, answers and materials displayed, provided, created or discussed during the Interview (the “Interview Content”) strictly confidential. Except as permitted by the Karat interviewer or otherwise permitted in your interview instructions, you shall not transfer, copy, or remove the Interview Content from the Karat platform, including by means of copying or screenshotting the Interview environment.
- All answers or responses that you provide during the Interview will be your original work product, and you will answer all interview questions without any third party assistance. However, you may use outside sources when and to the extent explicitly directed by your Karat interviewer or as permitted in the interview instructions. You agree not to improperly disclose any confidential information of a third party, including of a current, former, or prospective employer.
- You agree to inform Karat if you discover that you have previously encountered the interview content being presented.
- Interview Results. You give consent to Karat to (a) record your answers, audio, video, and platform interactions during the Interview; (b) share the video recording of the Interview and your Interview answers, scores, and results (collectively, the “Interview Results”) with prospective employers; and (c) use the Interview Results internally for improving and developing Karat’s products and services. Karat shall own all rights, title, and interest in the Interview, the Interview Content , the Interview Results and any works derived therefrom, including all copyright, and you hereby assign, transfer, and convey to Karat any and all rights you may have in the Interview Results. Karat will not use any work product produced by you in the Interview Results except to perform its services, including for quality assurance purposes (e.g., to prevent and detect cheating).
- Violations and Remedies. Failure to comply with these Terms may result in immediate, temporary or permanent withdrawal of your right to use the Karat Platform. Karat may also report any violation of these Terms to prospective employers. Karat is not responsible for any decisions made by prospective employers in response to such a violation. Karat may also take any other action it reasonably deems appropriate and Karat reserves all other related rights at law or in equity.
- Waivers and Release. Karat does not guarantee that any Interview will result in an offer of employment. Karat is not responsible for the acts of any prospective employer, including how such employer uses the Interview recordings, assessments or recommendations, or for any decisions the prospective employer makes about you. You hereby waive and release Karat from any and all claims or other liability relating or arising from your participation in the Interview and any use of the Interview Results.
- Warranty Disclaimer. Except as expressly set forth in these Terms, Karat and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities (the “Karat Parties”) make no representations or warranties, express or implied, with regard to the Karat Platform or any content or materials accessed therein. To the maximum extent permitted by law, the Karat Parties disclaim all express or implied conditions, representations and warranties including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Karat Platform is provided “as-is” and the Karat Parties do not warrant that the provision and operation of the Karat Platform shall be uninterrupted or error-free.
- Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE KARAT PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER ONE-HUNDRED ($100) DOLLARS.
- Arbitration. These Terms are governed by and will be construed under the laws of the State of Washington, without regard to the conflicts of laws provisions thereof. Any dispute will be finally settled by confidential arbitration in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, except that each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. You hereby consent to arbitration in King County in the State of Washington. To increase efficiency of resolution, in the event 100 or more similar arbitration demands against Karat, presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30- day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with Karat and the arbitration provider to implement such a batch approach to resolution and fees. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
- You must be at least eighteen (18) years of age to use the Karat Platform.
- The failure of either you or Karat to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that this Agreement shall otherwise remain in full force and effect and enforceable.
- Karat has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Karat Platform. You release and hold us harmless from any and all liability arising from your use of any third-party website or service.
- Karat may revise these Terms from time to time, in which case the new terms will supersede prior versions. If Karat makes any material changes, as determined by Karat in its sole discretion, Karat will provide you with notice via the Karat Platform. Your continued use of the Karat Platform after the effective date of any such revision constitutes your acceptance of the revised terms.