Terms of Service

Welcome to Lyvable Talent. These Terms of Service (“Terms”) govern your access to and use of the Lyvable Talent platform, websites, applications, software, integrations, artificial intelligence features, recruiting tools, candidate marketplace, credential management tools, and related services (collectively, the “Services”).

Lyvable Talent is operated by Lyvable Health Group Corp. References in these Terms to “Lyvable Talent,” “we,” “us,” or “our” mean Lyvable Health Group Corp.

By accessing or using Lyvable Talent, you agree to these Terms. If you do not agree, you may not access or use the Services.

You must be at least 18 years old to create an account or use the Services.

If you use Lyvable Talent on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms.

Lyvable Talent provides technology and tools designed to facilitate recruiting, candidate sourcing, applicant tracking, credential management, communication, scheduling, and related workforce activities. Unless expressly agreed otherwise in writing, Lyvable Talent is not an employer, staffing agency, employment agency, or agent of any Employer or Job Seeker and does not make hiring or employment decisions on their behalf.

Employers and Job Seekers remain responsible for their own decisions, actions, compliance obligations, and use of information obtained through the Services.

“Employer” means any individual or organization using Lyvable Talent to post jobs, source candidates, manage applicants, communicate with candidates, manage credentials, or otherwise conduct recruiting or workforce-related activities.

“Job Seeker” or “Candidate” means an individual using Lyvable Talent to search for employment opportunities, create a professional profile, submit applications, communicate with Employers, or otherwise participate in recruiting activities.

“User” or “you” means any person or organization accessing or using the Services.

“User Content” means information, resumes, profiles, job postings, documents, credentials, messages, images, files, responses, or other content submitted or made available through the Services.

“AI-Generated Content” means content, recommendations, summaries, matches, messages, job descriptions, screening assistance, or other outputs generated in whole or in part using artificial intelligence or machine-learning technologies.

Job Seekers may use Lyvable Talent to create profiles, upload resumes and credentials, search for jobs, submit applications, communicate with Employers, and use other career-related features made available through the Services.

You are responsible for ensuring that information you provide is accurate, current, and lawful.

Submitting an application does not guarantee that it will result in an interview, job offer, employment, or response from an Employer.

Employers, not Lyvable Talent, determine their job requirements, evaluate applicants, conduct interviews, and make hiring and employment decisions.

Where Lyvable Talent provides candidate matching, recommendations, rankings, summaries, or other automated assistance, such information is provided as a tool to assist Users and should not replace appropriate human review and independent judgment.

Employers are responsible for their accounts, Job Ads, hiring requirements, screening criteria, communications, recruiting practices, and employment decisions.

Employers must comply with all applicable employment, anti-discrimination, accessibility, wage and hour, privacy, recordkeeping, and other applicable laws.

Lyvable Talent does not determine which candidates an Employer should interview, reject, hire, terminate, promote, or otherwise employ.

Employers are responsible for reviewing and verifying candidate information, including resumes, qualifications, licenses, certifications, credentials, employment history, and other information relevant to employment decisions.

Employers are responsible for ensuring that Job Ads and related content are accurate, lawful, non-discriminatory, and not misleading.

Lyvable Talent may reject, suspend, modify the visibility of, or remove Job Ads or other content that violates these Terms, applicable law, platform policies, or that Lyvable Talent reasonably determines may harm Users or the integrity of the Services.

Lyvable Talent does not guarantee the visibility, performance, number of applicants, candidate quality, hiring results, or other outcomes associated with a Job Ad.

Candidates may make certain profile information available to Employers through Lyvable Talent.

Candidates are responsible for the accuracy of their profiles and may control certain visibility settings where those options are available.

Lyvable Talent does not guarantee the accuracy, completeness, authenticity, availability, qualifications, credentials, or employment interest of any Candidate.

Employers remain responsible for conducting appropriate verification and due diligence before making employment decisions.

Lyvable Talent may use artificial intelligence and machine-learning technologies to provide features such as candidate matching, candidate summaries, job-description assistance, recruiting recommendations, communication drafts, screening assistance, analytics, and workflow automation.

AI-Generated Content may contain errors, omissions, outdated information, or inaccurate conclusions.

AI-Generated Content is provided as an assistive tool and is not intended to independently make employment decisions.

Employers must maintain appropriate human involvement and review in hiring and employment decisions and remain responsible for ensuring that their use of AI-assisted features complies with applicable laws.

Users are responsible for reviewing AI-Generated Content before relying on, publishing, sending, or otherwise using it.

Lyvable Talent may provide tools for Candidates and Employers to upload, organize, track, request, or verify professional licenses, certifications, training records, background information, or other credentials.

Unless expressly stated otherwise, Lyvable Talent does not independently guarantee that any credential is authentic, valid, current, complete, or sufficient for employment or regulatory purposes.

Employers remain responsible for determining applicable credential requirements and independently verifying credentials where appropriate.

Lyvable Talent may provide messaging, email, text messaging, interview scheduling, video interviewing, notifications, and other communication tools.

Lyvable Talent does not guarantee delivery, receipt, accuracy, availability, or response to any communication or notification.

Users are responsible for confirming interviews, appointments, hiring decisions, and other important communications directly with the relevant party.

You retain ownership of User Content you submit to Lyvable Talent.

By providing User Content, you grant Lyvable Talent a non-exclusive, worldwide, royalty-free license to host, process, reproduce, display, transmit, format, analyze, and otherwise use such content as reasonably necessary to provide, secure, maintain, improve, and develop the Services.

You represent that you have the necessary rights and permissions to provide such User Content and that doing so does not violate applicable law or third-party rights.

Use of the Services is also subject to the Lyvable Talent Privacy Policy and, where applicable, any Data Processing Agreement entered into between Lyvable Talent and an Employer.

Users are responsible for ensuring that they have the necessary rights, notices, authorizations, and consents to provide personal information to Lyvable Talent.

Lyvable Talent may use service providers and subprocessors to operate and support the Services, subject to applicable privacy and data-protection requirements.

The Services are designed for recruiting and are not intended to store protected health information (PHI). Users must not submit information about the patients or clients of any ABA or healthcare provider, and Lyvable Talent may remove such information when it becomes aware of it.

You may not use Lyvable Talent to:

• violate applicable law;
• discriminate unlawfully;
• impersonate another person or organization;
• submit fraudulent or misleading information;
• distribute malware or malicious code;
• interfere with platform security or operation;
• scrape, extract, harvest, or access data through unauthorized automated means;
• reverse engineer or attempt to obtain Lyvable Talent source code;
• send spam or unlawful communications;
• access Candidate or Employer data without authorization;
• misuse personal or confidential information;
• upload, post, or share protected health information (PHI) or any other information about the patients or clients of an ABA or healthcare provider, including information about children receiving services; or
• use the Services in a manner that infringes the rights of others.

Lyvable Talent may investigate suspected violations and suspend or terminate access where appropriate.

Certain Lyvable Talent Services may require payment or subscription.

Pricing, billing frequency, usage limits, and other commercial terms will be disclosed at purchase or in a separate agreement.

Unless otherwise stated, subscriptions automatically renew until canceled.

Fees already incurred are non-refundable except where required by law or expressly provided otherwise.

Lyvable Talent may suspend paid Services for overdue amounts.

Lyvable Talent and its licensors retain all rights, title, and interest in the Services, including software, interfaces, designs, trademarks, algorithms, models, workflows, documentation, and related technology.

Except as expressly permitted by these Terms, Users may not copy, modify, distribute, sell, sublicense, reverse engineer, or create derivative products from the Services.

Lyvable Talent may integrate with Applicant Tracking Systems, HR systems, payroll providers, communication platforms, background-check providers, credential-verification services, artificial-intelligence providers, and other third-party services.

Third-party services are governed by their own terms and policies.

Lyvable Talent is not responsible for the availability, accuracy, security, actions, or omissions of independent third-party services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

LYVABLE TALENT DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR THAT INFORMATION PROVIDED THROUGH THE SERVICES WILL ALWAYS BE ACCURATE OR COMPLETE.

LYVABLE TALENT DOES NOT GUARANTEE EMPLOYMENT, CANDIDATES, INTERVIEWS, HIRES, RESPONSE RATES, RECRUITING PERFORMANCE, OR OTHER EMPLOYMENT OUTCOMES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LYVABLE TALENT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, OR DATA.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LYVABLE TALENT'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY YOU TO LYVABLE TALENT DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Lyvable Talent and its affiliates, officers, directors, employees, and agents from claims, damages, liabilities, losses, and reasonable legal expenses arising from:

• your violation of these Terms;
• your User Content;
• your violation of applicable law or third-party rights;
• your recruiting, screening, hiring, or employment practices;
• your misuse of Candidate or Employer information; or
• your unauthorized or unlawful use of the Services.

You may stop using Lyvable Talent at any time, subject to outstanding contractual or payment obligations.

Lyvable Talent may suspend or terminate accounts or restrict access to the Services for violations of these Terms, unlawful activity, security risks, nonpayment, abuse, fraud, or conduct that may harm Lyvable Talent, its Users, or third parties.

Provisions that by their nature should survive termination, including intellectual property, payment obligations, indemnification, limitations of liability, and dispute-resolution provisions, will survive.

Lyvable Talent may update these Terms to reflect changes to the Services, applicable laws, regulatory requirements, security considerations, or business operations.

Material changes will be communicated through reasonable means.

Continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms.

These Terms and any dispute arising from them will be governed by the laws of the State of New York, without regard to conflict-of-law principles. Subject to any dispute-resolution provisions described below, the state and federal courts located in New York County, New York will have exclusive jurisdiction over such disputes.

Where permitted by law, additional dispute-resolution or arbitration provisions may apply and will be disclosed as part of these Terms or the applicable commercial agreement.

These Terms, together with any applicable Privacy Policy, Data Processing Agreement, order form, subscription agreement, or other terms expressly incorporated by reference, constitute the agreement between you and Lyvable Talent concerning the Services.

If any provision is found unenforceable, the remaining provisions will remain in effect.

Questions regarding these Terms may be sent to Lyvable Health Group Corp at contact@lyvabletalent.com.