Terms of Service

1. Agreement to Terms

Welcome to Standout. These Terms of Service ("Terms") govern your access to and use of Standout's AI-powered talent agent services, including our website at standout.work, SMS, iMessage, WhatsApp communications, and web dashboard (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

We reserve the right to modify these Terms at any time. We will notify you of material changes via email, SMS, WhatsApp, or through the Services. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

2. Description of Services

Standout is an AI-powered talent agent that helps professionals find career opportunities. Our Services include:

• AI-powered job matching based on your skills, experience, and preferences
• Communication with our AI agent via SMS, iMessage, WhatsApp, and web dashboard
• Profile creation and management, including resume upload and analysis
• Introductions to companies and recruiters when you express interest
• Job alerts and opportunity notifications
• Career guidance and interview scheduling assistance

Standout acts as an intermediary between job seekers and employers. We do not guarantee employment, interviews, or any specific outcomes from using our Services.

3. Eligibility

You must meet the following requirements to use our Services:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Services under applicable law
• Provide accurate and complete registration information
• Maintain the security and confidentiality of your account credentials

4. User Account and Registration

4.1 Account Creation

To use our Services, you must create an account by providing:

• Your name and contact information (email and phone number)
• Professional information (resume, work history, skills)
• Career preferences and job search criteria

4.2 Account Responsibility

You are responsible for:

• Maintaining the accuracy and completeness of your profile information
• Keeping your account credentials secure and confidential
• All activities that occur under your account
• Immediately notifying us of any unauthorized use of your account

4.3 Account Termination

You may delete your account at any time through your account settings. We reserve the right to suspend or terminate your account if you violate these Terms or engage in prohibited conduct.

5. User Representations and Warranties

By using our Services, you represent and warrant that:

• All information you provide is accurate, current, and complete
• Your resume and professional information are truthful and not misleading
• You have the right to share any information or documents you upload
• You are legally authorized to work in the locations where you seek employment
• You will not use the Services for any unlawful or prohibited purpose
• You will not misrepresent your identity, qualifications, or experience

6. Messaging Services

6.1 Consent to Receive Messages

By providing your phone number, you expressly consent to receive SMS, iMessage, and WhatsApp messages from Standout, including:

• Job opportunity alerts and matches
• Service updates and notifications
• Conversational messages from our AI agent
• Interview scheduling and coordination
• Account-related communications

You may receive recurring SMS messages related to job opportunities and account activity. Message & data rates may apply. Message frequency: 0–10 messages/month. Reply STOP or NOSTANDOUT to unsubscribe; HELP for assistance.

6.2 Message Frequency and Charges

Message frequency: 0–10 messages/month. Message & data rates may apply depending on your mobile carrier plan. Standout is not responsible for any charges incurred from your mobile carrier.

6.3 Opt-Out Rights

You may opt out of receiving messages at any time by:

• Replying "STOP" or "NOSTANDOUT" to any SMS or WhatsApp message
• Managing your communication preferences in your account settings
• Contacting us at [email protected]

Opting out may limit your ability to receive timely job opportunities and use certain features of our Services.

6.4 Message Content and Conduct

When communicating through our Services, you agree not to:

• Send spam, unsolicited messages, or promotional content
• Use offensive, abusive, or harassing language
• Share false, misleading, or fraudulent information
• Attempt to impersonate another person or entity
• Transmit viruses, malware, or harmful code

7. Information Sharing with Companies

7.1 Consent to Share

When you express interest in a job opportunity (by responding positively to our AI agent or clicking "interested" on the dashboard), you authorize Standout to share your information with the relevant company or recruiter. This information may include:

• Your resume and professional background
• Contact information
• Relevant conversation context with our AI agent
• Your expressed interest and preferences

7.2 Company Interactions

Once your information is shared with a company, your subsequent interactions and communications with that company are governed by their own terms and policies. Standout is not responsible for:

• How companies use your information after it has been shared
• The hiring decisions or processes of companies
• Any employment relationship or agreement you enter into
• Disputes between you and any company or recruiter

7.3 Withdrawal of Interest

You may withdraw your interest in an opportunity at any time by notifying us through the Services. However, we cannot retract information that has already been shared with companies.

8. Intellectual Property Rights

8.1 Standout's Rights

The Services, including all content, features, functionality, software, and technology, are owned by Standout and protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, distribute, or create derivative works of the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Remove or alter any copyright, trademark, or proprietary notices
• Use the Services to build a competitive product or service

8.2 Your Content

You retain ownership of all content you provide, including your resume and professional information. By using our Services, you grant Standout a non-exclusive, worldwide, royalty-free license to:

• Use, process, and analyze your content to provide the Services
• Share your content with companies when you express interest
• Improve our AI algorithms and matching capabilities
• Store and back up your content for service delivery

This license terminates when you delete your account, except for content already shared with companies or required for legal compliance.

9. Prohibited Conduct

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services for any unlawful or fraudulent purpose
• Submit false, inaccurate, or misleading information
• Impersonate another person or entity
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any part of the Services
• Use automated systems (bots, scrapers) to access the Services
• Collect or harvest information about other users
• Transmit spam, viruses, or malicious code
• Engage in any activity that could harm Standout's reputation or operations

10. Disclaimers and Limitations of Liability

10.1 No Guarantees

Standout provides the Services on an "as is" and "as available" basis. We make no guarantees regarding:

• The availability, accuracy, or reliability of the Services
• The quality, suitability, or legitimacy of job opportunities
• That you will receive job offers, interviews, or employment
• The accuracy of our AI matching algorithms
• That the Services will be uninterrupted or error-free

10.2 AI-Generated Content

Our Services use artificial intelligence to provide job matches, generate messages, and analyze profiles. AI-generated content may contain errors, inaccuracies, or inappropriate suggestions. You should review and verify all AI-generated content before relying on it or sharing it with others.

10.3 Third-Party Content

Job postings, company information, and other content from third parties are not under our control. We are not responsible for the accuracy, legality, or quality of third-party content.

10.4 Limitation of Liability

To the fullest extent permitted by law, Standout and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Employment decisions or outcomes
• Interactions with companies or recruiters
• Reliance on AI-generated content

Our total liability for any claims related to the Services shall not exceed the amount you paid to Standout in the 12 months preceding the claim, or $100 if you have not paid any fees.

11. Indemnification

You agree to indemnify, defend, and hold harmless Standout and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Any content or information you provide through the Services
• Your interactions with companies, recruiters, or other users

12. Privacy and Data Protection

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. Key points include:

• We collect information you provide and automatically collected data
• We use your information to provide job matching services
• We share your information with companies only when you express interest
• No mobile information will be shared with third parties for marketing purposes
• You can access, update, or delete your data at any time

13. Fees and Payment

Currently, Standout's Services are provided free of charge to job seekers. We reserve the right to introduce fees or premium features in the future. If we do so, we will:

• Provide advance notice before charging any fees
• Clearly disclose all pricing and payment terms
• Allow you to cancel before being charged

Companies and recruiters using our platform may be charged fees for access to candidates. These fees do not affect job seekers.

14. Dispute Resolution

14.1 Informal Resolution

Before pursuing formal legal action, you agree to contact us at [email protected] to attempt to resolve any disputes informally. We will work in good faith to resolve the matter within 30 days.

14.2 Arbitration

If informal resolution fails, any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in San Francisco, California, or another mutually agreed location.

14.3 Class Action Waiver

You agree to resolve disputes with Standout on an individual basis only. You waive any right to participate in class actions, class arbitrations, or representative actions against Standout.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in San Francisco, California.

16. Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We may also:

• Update features, functionality, or user interface
• Change our AI algorithms and matching criteria
• Limit or restrict access to certain features
• Add or remove supported communication channels

We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

17. Severability

If any provision of these Terms is found to be invalid, unenforceable, or illegal, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Standout regarding the Services. They supersede all prior agreements, understandings, and communications, whether written or oral.

19. Contact Information

If you have questions or concerns about these Terms, please contact us:

20. Acknowledgment

By using Standout's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You also acknowledge that you have read and understood our Privacy Policy.