Terms of Service

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

By accessing or using folio, you represent and warrant that:

• You are at least 18 years old;
• You have the legal capacity to enter into a binding agreement;
• You are not prohibited by applicable law from using the Services;
• The information you provide to folio is accurate, truthful, and current;
• Your use of the Services complies with all applicable laws, rules, and regulations.

The Services are currently directed to users in the United States.

folio may refuse registration, suspend accounts, or terminate accounts where we reasonably believe these eligibility requirements have not been satisfied.

folio operates a technology platform commonly described as a reverse job board.

Individuals seeking employment or work opportunities (“Talent” or “Job Seekers”) may create profiles (“folios”) describing their experience, skills, qualifications, interests, availability, desired compensation, and related information.

Businesses, organizations, or individuals seeking workers (“Employers” or “Businesses”) may browse eligible Talent profiles, communicate with Talent, create job opportunities, and make offers through the Platform.

folio provides the technology that enables users to discover and communicate with one another.

Unless we expressly state otherwise, folio:

• Is not an employer of Talent;
• Is not a prospective employer;
• Is not a staffing agency;
• Is not a recruiter acting on behalf of a user;
• Is not an employment agency;
• Is not a labor contractor;
• Is not a party to employment agreements between users;
• Does not make hiring or termination decisions;
• Does not establish employment terms;
• Does not determine wages or compensation;
• Does not supervise or control work performed by users;
• Does not guarantee employment, interviews, offers, applicants, or hires.

Any employment, independent-contractor, consulting, business, payment, or other relationship resulting from interactions through folio is solely between the users involved.

folio does not guarantee the identity, legitimacy, honesty, qualifications, experience, licensing, financial condition, intentions, or conduct of any user.

Unless expressly stated otherwise, we do not independently verify:

• User identities;
• Employment history;
• Education;
• Professional qualifications;
• Licenses or certifications;
• References;
• Criminal histories;
• Background information;
• Business registrations;
• Job opportunities;
• Compensation claims;
• Workplace conditions;
• Employer legitimacy.

We do not guarantee that information provided by a user is accurate, complete, lawful, current, or truthful.

You are solely responsible for independently evaluating people, businesses, opportunities, offers, and information you encounter through the Services.

You may be required to create an account to use certain features of the Services.

You agree to:

• Provide accurate registration information;
• Maintain accurate and current account information;
• Maintain the confidentiality of your password and account credentials;
• Use reasonable precautions to prevent unauthorized access;
• Promptly notify folio if you believe your account has been compromised.

You are responsible for activity occurring through your account to the extent permitted by applicable law.

You may not:

• Impersonate another person or organization;
• Create an account using another person’s identity without authorization;
• Sell, transfer, license, or rent your account;
• Share credentials in a manner that compromises account security;
• Create accounts to evade a suspension, restriction, or termination;
• Create fraudulent or misleading accounts;
• Use automated systems to create accounts.

We may require email verification or other reasonable verification procedures before permitting access to certain features.

If you believe your account has been accessed without authorization, contact hello@foliohiring.com promptly.

Talent may create profiles containing information such as work experience, skills, employment interests, availability, qualifications, licenses, certifications, desired compensation, and uploaded résumés or documents.

If you make your Talent profile visible, you understand and agree that authorized Employer accounts may view information included in that profile.

You are responsible for deciding what information to include.

Do not include information such as:

• Social Security numbers;
• Bank or financial account information;
• Credit or debit card information;
• Government identification numbers;
• Passwords;
• Medical or health information;
• Other information that is unnecessary for employment discovery and that you do not want disclosed to Employers.

Although folio may provide visibility controls, information another user previously viewed, copied, downloaded, saved, exported, screenshotted, or otherwise obtained cannot necessarily be retrieved or deleted by folio.

Users are responsible for considering this possibility before making information visible.

Employers using folio agree that they will use the Platform and information obtained through it solely for legitimate employment, recruiting, staffing, professional networking, or closely related lawful purposes.

Employers are responsible for:

• Ensuring job opportunities are genuine;
• Accurately representing their organization;
• Providing truthful information concerning available positions;
• Complying with applicable wage and hour laws;
• Complying with employment and labor laws;
• Complying with anti-discrimination laws;
• Complying with workplace-safety requirements;
• Complying with immigration and work-authorization requirements;
• Complying with applicable tax and classification requirements;
• Obtaining any required licenses or permits;
• Conducting their own lawful screening and hiring processes.

Employers may not use information obtained through folio for unrelated purposes such as:

• Identity theft;
• Fraud;
• Harassment;
• Sale of personal information;
• Data brokerage;
• Unauthorized marketing;
• Surveillance;
• Discrimination prohibited by law;
• Any other unlawful or unauthorized purpose.

Employers must not charge applicants fees merely to apply for an ordinary job opportunity through folio.

7.1 Ownership

You retain ownership of content that you create and submit through the Services, including, as applicable:

• Profile information;
• Résumés;
• Work samples;
• Images;
• Documents;
• Job postings;
• Messages;
• Descriptions;
• Links;
• Other materials you provide.

Collectively, this is “User Content.”

7.2 License to Folio

By submitting User Content, you grant Folio Hiring LLC a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, format, distribute, transmit, and otherwise use that User Content only as reasonably necessary to operate, provide, secure, improve, and promote the Services, subject to our Privacy Policy.

This license does not transfer ownership of your User Content to folio.

The license ends when the User Content is deleted from our active systems, except where:

• Continued storage is reasonably necessary for backups;
• Another user is entitled to retain a communication or record;
• Retention is required or permitted by law;
• The content has been aggregated or de-identified;
• The content has already been used in promotional materials with your authorization.

7.3 Your Representations

By submitting User Content, you represent and warrant that:

• You own the content or have all rights necessary to submit it;
• The content is accurate to the extent you represent it as factual;
• The content does not infringe another person’s intellectual-property rights;
• The content does not violate another person’s privacy or publicity rights;
• The content does not violate applicable law;
• Your submission of the content does not breach any agreement or obligation you owe to another person.

You are responsible for your User Content.

folio does not endorse User Content merely because it appears on the Platform.

You agree not to use folio to engage in unlawful, abusive, deceptive, harmful, or unauthorized conduct.

Without limitation, you may not:

• Post false, fraudulent, deceptive, or materially misleading information;
• Misrepresent your identity, qualifications, business, employment history, or job opportunities;
• Create fake job listings;
• Create fraudulent employment offers;
• Operate scams;
• Promote pyramid schemes or unlawful multi-level marketing arrangements;
• Request money from applicants as a condition of applying for an ordinary job;
• Request unnecessary sensitive financial or identity information;
• Harass, threaten, stalk, intimidate, or abuse another person;
• Post hateful, obscene, defamatory, or unlawful material;
• Discriminate in violation of applicable employment or civil-rights law;
• Engage in retaliation prohibited by law;
• Spam users;
• Send unauthorized advertising or mass solicitations;
• Scrape or harvest information from the Services;
• Use bots, crawlers, scripts, or automated tools to collect user information without our written authorization;
• Compile or create databases of folio users without authorization;
• Sell or commercially redistribute user information obtained through folio;
• Attempt to identify precise locations of users from information made available through the Services;
• Circumvent profile-visibility or privacy settings;
• Access another user’s account without authorization;
• Probe or test vulnerabilities in the Services without written authorization;
• Bypass security controls or rate limits;
• Introduce malware, viruses, ransomware, malicious code, or harmful software;
• Interfere with or disrupt the Platform;
• Reverse engineer the Services except to the extent such restriction is prohibited by applicable law;
• Copy substantial portions of the Platform;
• Use folio trademarks without permission;
• Use information obtained through folio to harm another person;
• Facilitate human trafficking, exploitation, illegal employment, or other unlawful activity;
• Use the Services for any unlawful purpose.

We may investigate suspected violations and take action we consider reasonably appropriate.

Interactions between users are undertaken at the users’ own discretion.

You are responsible for:

• Evaluating other users;
• Conducting appropriate due diligence;
• Verifying employment opportunities;
• Verifying qualifications;
• Determining whether to communicate with another user;
• Determining whether to interview or hire someone;
• Determining whether to accept an opportunity;
• Negotiating compensation;
• Evaluating workplace conditions;
• Reviewing contracts;
• Complying with applicable laws.

Any job, offer, interview, contract, payment, working relationship, hiring decision, rejection, termination, or dispute is solely between the users involved.

folio is not a party to those relationships or agreements.

For your protection, you should use caution before sending money, providing sensitive financial information, giving identification documents, traveling to unfamiliar locations, or entering employment arrangements with people you first encounter online.

Suspicious activity may be reported to folio.

To the fullest extent permitted by applicable law, you release Folio Hiring LLC and its members, managers, officers, employees, agents, affiliates, successors, and assigns from claims, demands, damages, losses, and liabilities arising out of or relating to disputes between you and another user.

This may include disputes concerning:

• Hiring decisions;
• Job offers;
• Job descriptions;
• Compensation;
• Interviews;
• Workplace conduct;
• Employment relationships;
• Independent-contractor relationships;
• Misrepresentations made by users;
• Communications between users;
• User Content;
• Transactions or agreements entered into between users.

This release does not apply to liability that cannot lawfully be waived.

folio may provide messaging or other communication tools allowing users to communicate.

Messages sent through the Platform are not necessarily end-to-end encrypted.

You understand that communications may be stored and may be accessed by authorized folio personnel where reasonably necessary to:

• Operate the Services;
• Provide customer support;
• Investigate reports;
• Prevent fraud or abuse;
• Protect users;
• Enforce these Terms;
• Comply with applicable law.

You may not use messaging features to engage in spam, harassment, fraud, illegal solicitation, or other prohibited conduct.

By creating an account or using the Services, you consent to receive electronic communications from folio relating to:

• Your account;
• Verification;
• Security;
• Password resets;
• Messages;
• Offers;
• Service updates;
• Changes to legal terms;
• Other transactional matters.

You agree that notices and communications provided electronically satisfy legal requirements that such communications be in writing, to the extent permitted by applicable law.

You may unsubscribe from non-essential promotional communications.

Certain account, security, legal, and transactional communications may be necessary while your account remains active.

Your use of the Services is subject to the folio Privacy Policy, which describes our collection, use, disclosure, retention, and protection of personal information.

By using folio, you acknowledge that you have reviewed the Privacy Policy.

Where these Terms address contractual rights and obligations and the Privacy Policy addresses our handling of personal information, each document applies to its respective subject matter.

Nothing in these Terms authorizes folio to process personal information in a manner prohibited by applicable privacy law.

Except for User Content and third-party materials, folio and its licensors own all rights, title, and interest in the Services, including:

• The Folio and folio names;
• Logos;
• Branding;
• Interface design;
• Platform design;
• Software;
• Source code and object code;
• Databases;
• Graphics;
• Features;
• Text;
• Proprietary technology.

These materials may be protected by copyright, trademark, trade-secret, and other intellectual-property laws.

Except as expressly permitted by these Terms or applicable law, you may not copy, reproduce, modify, distribute, sell, license, create derivative works from, publicly display, reverse engineer, or commercially exploit our intellectual property without prior written authorization.

If you voluntarily provide ideas, suggestions, recommendations, feature requests, or other feedback concerning folio, you grant us permission to use that feedback without restriction or compensation to you.

This does not give folio ownership of unrelated User Content.

The Services may contain links to, integrate with, or depend upon third-party services.

These may include:

• Hosting services;
• Mapping services;
• Email providers;
• Notification providers;
• Analytics services;
• Calendar services;
• Employer websites;
• External profile links;
• Other third-party platforms.

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

To the fullest extent permitted by law, folio is not responsible for:

• The availability of third-party services;
• Third-party content;
• Third-party security;
• Third-party privacy practices;
• Transactions conducted outside folio;
• Losses caused by third-party services.

Your use of third-party services is at your discretion and may be subject to separate agreements.

If you encounter suspicious, fraudulent, abusive, threatening, discriminatory, or unlawful activity through folio, you may report it to us.

We may review reports and take actions we reasonably determine appropriate, including:

• Removing content;
• Restricting messaging;
• Suspending accounts;
• Terminating accounts;
• Preserving records;
• Cooperating with lawful investigations.

Submitting a report does not guarantee a particular outcome.

folio is not obligated to resolve private disputes between users.

In emergencies involving immediate danger, users should contact the appropriate emergency services or authorities rather than relying on folio.

You may stop using folio at any time and may delete your account through available account settings.

We may restrict, suspend, or terminate access to some or all of the Services where we reasonably determine that:

• You violated these Terms;
• You violated applicable law;
• Your activity creates legal or security risk;
• Your account appears fraudulent;
• Your account is being used for abuse or spam;
• You threaten the integrity of the Platform or its users;
• Suspension is necessary to protect another person;
• We are required to do so by law.

To the extent permitted by law, we may take such action with or without advance notice depending on the circumstances.

We may also discontinue all or part of the Platform.

Termination does not eliminate obligations or rights that arose before termination.

Sections concerning ownership, licenses where necessary, user responsibility, releases, disclaimers, limitation of liability, indemnification, dispute resolution, intellectual property, and other provisions that by their nature should survive will survive termination.

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

FOLIO HIRING LLC DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE;
• NON-INFRINGEMENT;
• ACCURACY;
• AVAILABILITY;
• SECURITY;
• RELIABILITY.

Without limiting the foregoing, folio does not warrant or guarantee that:

• The Services will always be available;
• The Services will be uninterrupted;
• The Services will be error-free;
• Defects will always be corrected;
• Information on the Platform will be accurate;
• Users are who they claim to be;
• Employers are legitimate;
• Job opportunities remain available;
• Talent meets stated qualifications;
• Communications will receive responses;
• An Employer will interview or hire a user;
• A Talent user will accept an offer;
• Use of the Services will produce any particular employment or business result;
• The Services will be completely secure;
• User Content will never be copied or redistributed by another user.

Use of the Services is at your own discretion and risk.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOLIO HIRING LLC AND ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, EMPLOYMENT OPPORTUNITIES, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES.

This limitation applies to damages arising out of or relating to:

• Your access to or use of the Services;
• Your inability to access or use the Services;
• Any conduct by another user;
• Any Talent or Employer;
• Any profile;
• Any résumé or uploaded document;
• Any job posting;
• Any offer;
• Any representation;
• Any communication;
• Any hiring decision;
• Any rejection;
• Any employment relationship;
• Any workplace dispute;
• Any compensation arrangement;
• Any independent-contractor relationship;
• Any transaction between users;
• Unauthorized access to information;
• Alteration, disclosure, destruction, or loss of information;
• Security incidents;
• Service outages;
• Technical failures;
• Bugs;
• Errors;
• Delays;
• Reliance upon information provided through the Services;
• Conduct occurring outside folio after users connect;
• Any other matter relating to the Services.

These limitations apply regardless of whether liability is alleged under contract, tort, negligence, strict liability, statute, or another legal theory and even if folio has been advised of the possibility of such damages.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOLIO’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT YOU PAID DIRECTLY TO FOLIO DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) ONE HUNDRED U.S. DOLLARS ($100).

Because the Services are currently free, the $100 alternative establishes a defined liability cap where no fees have been paid.

Some jurisdictions do not allow certain limitations or exclusions of liability. Where such restrictions apply, these provisions apply only to the maximum extent permitted by applicable law.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED.

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Folio Hiring LLC and its members, managers, officers, directors, employees, agents, affiliates, service providers, licensors, successors, and assigns from and against any third-party claims, demands, actions, proceedings, liabilities, judgments, losses, damages, settlements, penalties, fines, costs, and reasonable attorneys’ fees arising out of or relating to:

• Your access to or use of the Services;
• Your User Content;
• Information you provide through the Services;
• Job postings you create;
• Offers you make or accept;
• Your communications with another user;
• Your employment or business dealings with another user;
• Your acts or omissions;
• Your violation of these Terms;
• Your violation of the Privacy Policy;
• Your violation of applicable law;
• Your infringement or violation of another person’s rights;
• Your violation of privacy or publicity rights;
• Your violation of intellectual-property rights;
• Your violation of contractual rights;
• Your violation of employment or labor laws;
• Discriminatory or unlawful conduct attributable to you;
• Fraudulent, inaccurate, deceptive, or misleading information attributable to you;
• Claims by another person resulting from conduct attributable to you.

folio reserves the right, where permitted by law and at your expense, to assume the exclusive defense and control of a matter otherwise subject to indemnification.

You agree to reasonably cooperate with our defense of such a matter.

You may not settle a claim in a manner that imposes liability, admissions, obligations, or restrictions on folio without our prior written consent.

This Section applies only to the maximum extent permitted by applicable law.

These Terms and disputes arising out of or relating to these Terms or the Services will be governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where applicable federal law or another mandatory law controls.

Nothing in this Section eliminates statutory rights that cannot legally be waived.

Before initiating litigation against the other party, you and folio agree to make a reasonable, good-faith effort to resolve the dispute informally.

A party seeking to raise a dispute should provide written notice describing:

• The nature of the dispute;
• The relevant facts;
• The relief requested;
• Contact information sufficient to communicate regarding the dispute.

Notices to folio may be sent to hello@foliohiring.com.

The parties will have at least 30 days following receipt of the notice to attempt to resolve the dispute before initiating litigation, unless immediate injunctive or emergency relief is reasonably necessary or applicable law requires otherwise.

The parties may mutually agree to participate in mediation.

Mediation is not mandatory unless both parties agree to it in writing.

Subject to any jurisdiction or venue rights that cannot lawfully be waived, any judicial action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in:

• An appropriate state court located in Pinellas County, Florida; or
• Where federal jurisdiction exists, the United States federal court having jurisdiction over Pinellas County, Florida.

You and folio consent to the personal jurisdiction of these courts and waive, to the fullest extent permitted by law, objections based on venue or inconvenient forum.

Nothing in these Terms prevents folio from seeking temporary, preliminary, emergency, injunctive, or equitable relief in another court of competent jurisdiction where reasonably necessary to:

• Protect the Services;
• Prevent misuse;
• Protect intellectual property;
• Protect confidential information;
• Address a cybersecurity threat;
• Protect users;
• Preserve legal rights.

Nothing about your use of folio creates an employment relationship, agency relationship, partnership, joint venture, franchise, or fiduciary relationship between you and Folio Hiring LLC.

No user has authority to bind folio or make commitments on folio’s behalf.

Users are independently responsible for complying with laws applicable to their activities.

Employers are solely responsible for ensuring that their recruiting, interviewing, hiring, compensation, classification, workplace, and termination practices comply with applicable law.

folio does not provide legal, tax, immigration, human-resources, employment, or compliance advice.

Information made available through the Services should not be interpreted as professional advice.

We may modify, suspend, discontinue, replace, or restrict all or part of the Services at any time.

Features may:

• Change;
• Be removed;
• Be introduced;
• Become unavailable;
• Operate differently across devices or geographic areas.

We do not guarantee continued availability of any particular feature.

To the fullest extent permitted by applicable law, folio is not liable merely because a feature or the Platform is modified, suspended, or discontinued.

To the fullest extent permitted by applicable law, folio will not be responsible for delay, interruption, or failure to perform resulting from circumstances reasonably beyond our control.

These may include:

• Internet failures;
• Telecommunications outages;
• Cloud-provider outages;
• Cyberattacks;
• Natural disasters;
• Fires;
• Floods;
• Severe weather;
• Government action;
• Civil unrest;
• War;
• Labor disruptions;
• Epidemics or pandemics;
• Power failures;
• Third-party infrastructure failures.

We may update these Terms from time to time.

When we make changes, we will update the “Last Updated” date at the top.

For material changes, we may provide additional notice through:

• Email;
• The Platform;
• An in-app notice;
• A website notice;
• Another reasonable method.

Where required by applicable law, we will obtain consent to revised Terms.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

If you do not agree with revised Terms, you must stop using the Services and may delete your account.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

folio may assign or transfer these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, corporate restructuring, or transfer of all or part of the business, to the extent permitted by applicable law.

If a court of competent jurisdiction determines that any provision of these Terms is invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law or modified to the minimum extent necessary to make it enforceable.

The remaining provisions will remain in full force and effect.

Our failure to enforce a provision of these Terms does not waive our right to enforce that provision later.

A waiver of one provision or violation does not constitute a waiver of another provision or future violation.

These Terms, together with the Privacy Policy and any additional terms expressly presented for a particular feature, constitute the entire agreement between you and Folio Hiring LLC concerning your use of the Services.

They supersede prior agreements or understandings concerning the same subject matter.

Section titles and headings are provided for convenience and do not affect the interpretation of these Terms.

Provisions that by their nature should continue after suspension, deletion, or termination of an account will survive.

These include provisions concerning:

• User Content rights where continued operation requires them;
• User responsibility;
• Intellectual property;
• Releases;
• Disclaimer of warranties;
• Limitation of liability;
• Indemnification;
• Governing law;
• Dispute resolution;
• Venue;
• Severability;
• No waiver;
• Other accrued rights and obligations.

Questions, notices, or concerns regarding these Terms may be directed to:

Email: hello@foliohiring.com