Lionstep Inc. (“Lionstep”) offers “Recruiting-as-a-Service” (hereinafter referred to as “Services”), which includes access to the Lionstep App (hereinafter referred to as “Application”). The Application is a tool to support Lionstep’s customers who are searching for suitable job candidates (“Candidate”). Customers (hereinafter referred to as “Customer”) can publish or place a job offer (“Opportunity”) in the Application as well as follow the recommended process provided by Lionstep for active recruitment, from interview through job offer. Each Candidate profile in the Application shall remain anonymized until the Candidate specifically approves the Customer’s access to their data.

CUSTOMERS UNDERSTAND THAT BY USING THE APPLICATION AND SERVICES THEY ARE AGREEING TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS FOR CUSTOMERS (“TERMS”). IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, CUSTOMERS MAY NOT USE OR ACCESS THE APPLICATION OR SERVICES. TO ACCESS OR USE THE APPLICATION, YOU MUST HAVE THE REQUISITE POWER AND AUTHORITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE APPLICATION IF YOU HAVE BEEN PREVIOUSLY BANNED.

YOU MUST BE AT LEAST SIXTEEN (16) YEARS OLD to use the Application and Services. If you are not yet 16 years old, do not use the Application.

IF YOU ARE BETWEEN 16 AND 18 YEARS OLD: Please have your parents or legal guardian review these Terms with you, discuss any questions you might have, and give you their permission to use the Application and Services with both your and their full understanding of these Terms. By using the Application and Services, you are telling us that you and your parent or guardian, have joined in this agreement.

IF YOU ARE A PARENT OR GUARDIAN: Parents and guardians are advised to exercise supervision over their children’s on-line activities. If you do not agree to these Terms, do not let your child use the Application. If you have any further questions about our Application or Services and our use of personally identifiable information, please take a look at our Privacy Policy page or contact us at privacy@lionstep.com. If you are the parent or guardian of a child under 16 and believe that they are using the Application or Services, please contact us at privacy@lionstep.com

1. Scope

1.1 The scope of the contract governed by Terms is the provision of Services by Lionstep. Among other things, Lionstep grants the Customer access to the Application and provides a selection of Candidates who meet the job requirements as agreed upon by Lionstep and the Customer (hereinafter referred to as “Parties”).

1.2 The Customer shall be an employer or professional recruiter. These Terms do not apply to job seekers or Candidates, please see those terms here. These Terms act in conjunction with the General Terms of Use of the Application, The Privacy Policy the Lionstep website, the Lionstep price list, and/or any written agreements entered into between the Parties, and these Terms govern the entire contractual relationship between the Parties.

1.3 Conclusion of a contract with natural persons (or “physical persons”) acting as consumers is expressly excluded.[A3]

2. Process

2.1 Upon Customer’s request, Lionstep will submit an Offer for Services (hereinafter referred to as the “Offer”) to the Customer, and the Offer is fully governed by these Terms unless otherwise stated. The Offer will refer to these Terms and is valid up to and including the deadline specified therein.

2.2 If the Offer is accepted, the contract term begins once the Customer confirms their acceptance in writing under these Terms and any additional conditions to be agreed upon and confirmed by way of a telephone conversation and a signed writing between the Parties (collectively, the “Contract”.).

2.3 Should the acceptance of the Offer be accompanied by amendments or received after the stated deadline, it shall constitute a new Offer. Lionstep may accept or reject the Offer in writing, or it can accept by starting to provide Services.

2.4 The rights and obligations of the Customer under this Contract cannot be transferred to third parties without the prior written consent of Lionstep.

2.5 The Customer understands and agrees that Lionstep is not bound by any non-competition clauses and can, therefore, also work for companies that have a directly competitive relationship with the Customer.

3. Registration

3.1 Together with a Lionstep Customer Success Manager (“CSM”), Customers can register in the Application and create a business account (“Account”). To complete the registration, Customers must provide their full contact information. Once registered, Customers have free access to the Application.

3.2 While creating the business account, the Customer and the CSM will determine essential criteria and/or requirements (“Killer Criteria”) that apply to all Candidates that Customer would consider interviewing. Changes to the Killer Criteria after the initial consultation is possible. Please reach out to info@lionstep.com for assistance.

3.3 In order to create an Account, the Customer is required to provide Lionstep certain information (including personal data). Should the Customer not fulfill this obligation to cooperate, Lionstep cannot provide the complete contractually owed Service. All data provided must be accurate, complete and true. Customer is required to maintain and update such information with current and complete information. Customers who provide inaccurate, false or non-current information may, at Lionstep’s sole discretion, have the Account suspended or terminated.

3.4 Customer is solely responsible for maintaining the confidentiality of its username and password. Lionstep urges you not to share your login information with others, as this may lead to unauthorized access to your Account and the information therein. Customer agrees that it will: (1) immediately notify Lionstep of any unauthorized use of your Account; and (2) ensure that you properly log out of the Account at the completion of your session. Customer is solely responsible for the activity that occurs on or through your Account, including the use of any credits. Lionstep shall have no liability for any loss or damage arising from your use of an Account, the Application, or your failure to comply with these requirements. Lionstep will not be liable for any losses caused by any unauthorized use of your Account, and you may be liable for the losses of Lionstep or others due to such unauthorized use.

4. Search and Validation Procedures

4.1 The Customer must have an Account and a minimum balance of 5 credits per published Opportunity in the Account in order for Lionstep to start its search (“Search Run”) for suitable Candidates. The Search Run takes place in Lionstep’s own databases as well as via third party databases or by job advertisements Lionstep publishes on third party platforms.

4.2 In general, the Search Run for Candidates for each specific position is conducted within a time period of two (2) months. After consultation with Lionstep, the Customer may extend the Search Run by additional two-month intervals. In the course of the Search Run, Lionstep will populate the Account with the anonymous profiles of Candidates (“Preliminary Candidates”). These Candidates are not yet validated.

4.3 Next, Lionstep conducts an initial interview with the selected Candidates, testing:

whether they meet all Killer Criteria,
whether they are within the applicable salary range,
whether they are interested in the specific job offer,
whether they are willing to be interviewed by the Customer, and
that they have not already applied for the position through another party or platform.

In addition, Lionstep collects, during the first interview and with the Preliminary Candidate’s consent, extensive information and documents (e.g. CV, diplomas, qualifications, etc.).

4.4 Once a Preliminary Candidate meets all the above conditions, they are considered a validated Candidate (“VC”) and asked to consent to their data be shared. Once consent is received they will be automatically activated by Lionstep on the Application (“Activated Candidates”) for the Customer to access the Activated Candidate’s full resume and other data. Before the validation process is initiated, Lionstep must be informed if the Customer act as a recruiter and wishes to pass the Potential Candidate’s full details on to third parties, e.g., potential employers,. The Customer recognizes and agrees that a Potential Candidate is always free to refuse to participate in the validation process or the transfer of data to third parties. In the case of such a refusal, Lionstep will not share their data with the Client, they will not be deemed an Activated Candidate and no credits will be deducted by Lionstep from the Customer’s Account. Lionstep is not liable for the refusal of Candidates to participate in the validation process, nor for the truthfulness of the Candidate’s answers to the questions.

4.5 In addition, Customers have unlimited access to Lionstep’s internal communications. Additional support services may be included in the Customer’s Account as specified in the sections below.

4.6 Lionstep may offer suggestions, recommendations, or information to Customers that may support or improve their experience with the Application or Services. Customer understands that these offerings are provided as a courtesy and without warranty, and Customer’s use of such information is at their sole discretion. As a Customer, you are responsible for your use of the Services and Application and any tools offered therein, including your decisions regarding your Opportunity description, the requirements for the Opportunity, and whom you interview or hire. Lionstep assumes no responsibility and disclaims all liability for any actions you take based on any information provided by Lionstep.

4.7 Customer agrees that they have made the determination to use the Services, the Application and any related tools as part of their application process. Customer determines which answers will qualify a Candidate. Customer is solely responsible for the use of any Lionstep tool including any results which are considered to have a “disparate impact”. Customer further acknowledges that they are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law. Lionstep does not warrant that the Application is compliant with the Americans with Disabilities Act or any equivalent or similar law. Customer agrees to indemnify Lionstep for any and all claims arising out of their use of the Application, including any claims that any screening tool does not comply with the Americans with Disabilities Act or similar or equivalent law, or that tool results in a “disparate impact”.

5. Activated Candidates

5.1 A limitless number of Activated Candidates remain in the Customer’s Account until the Customer’s credit balance is exhausted or the Customer terminates or pauses the specified job search. The Customer may put a cap on the number of Potential Candidates it wishes to validate.

5.2 Once Lionstep has validated the Potential Candidates and received their consent to share their data, Lionstep will redeem the respective credits for the Opportunity, the complete detailed profiles of the Validated Candidates will be accessible to the Customer in chronological order and in accordance with Section 3.5.

5.3 Access to the Activated Candidates data is deactivated once the Customer’s credits are exhausted and remains deactivated until the Customer’s credit balance is sufficiently recharged.

5.4 Once an Activated Candidate’s data has been shared with the Customer, the Customer is responsible for contacting the Activated Candidate and continuing the job search process.

5.5 If requested, Lionstep will send Candidates who were not the correct fit for the Opportunity notice of the rejection.

5.6 Profiles of Activated Candidates can be viewed by the Customer for up to three (3) months after the Opportunity has been filled, after which the profiles are deactivated.

5.7: Profiles of Activated Candidates are provided by third parties whom Lionstep exercises no direct control over. Customers acknowledge and agree that Lionstep has no control over links to or from profiles, or any conditions a Candidate might ask for regarding the Opportunity. If a Customer leaves the Application and chooses to enter a third-party website or application, Customers should review and accept any terms and conditions imposed by that third party.

6. Credits

6.1 All Lionstep Services are available to Customers on the condition that the contractually defined minimum balance of credits is purchased in advance, regardless of whether or to what extent the credits are redeemed.

6.2 Purchased credits are valid for a period of twelve (12) months and can be redeemed for the booking of agreed Services in accordance with the following provisions. The credits expire without replacement twelve (12) months after the date of purchase.

6.3 Unless otherwise specified or agreed in the Contract, credits shall be redeemed:

as soon as the Customer publishes an Opportunity via Lionstep at the price of two (2) credits per search for the Opportunity. The Opportunity is deactivated once the credit balance is exhausted and the two months has expired. The Opportunity can be reactivated should the credit balance be updated with purchased credits;

If Lionstep does not propose a Validated Candidate to the Customer who fulfills all the Killer Criteria during the first Search Run, the credits accrued for the Search Run will be refunded to the Customer, but credits for further Search Runs, which may be modified according to section 4.2, will not be refunded under any circumstances;
Lionstep redeems one (1) credit per Validated Candidate . Should a Candidate fail to meet at least one killer criterion, at any point in the application process, the credit paid for the Validated Candidate will be refunded to the Customer, unless the Customer invites the Validated Candidate to continue the application process;

Additional credits for additional Services will be charged according to the Contract with the Client. Additional Services offered by Lionstep include, but are not limited to: candidate assessment, technical interviews, recruitment process outsourcing services, and outplacement services as outlined in section 7, below.

6.4 Should the credit balance be exhausted during the term of the Contract, the Customer shall retain access to the Application. Services that require credits to be redeemed can be used only once the credit balance is updated with purchased credits.

6.5 For new Customers (defined as Customers running their first search for an Opportunity with Lionstep), an extended guarantee applies: Lionstep will refund the price of all credits purchased by the Customer in the event that Lionstep fails to propose a Candidate who meets all the Killer Criteria for the first two Opportunities published via Lionstep over two consecutive Search Runs per Opportunity (i.e., four (4) months per Opportunity) by the conclusion of the Contract (whether the credits are redeemed or not).

6.6 Customer agrees that Lionstep is not responsible for maintaining or storing Validated Candidates application materials, and that Customer is responsible for its own compliance with any applicable record retention requirements. Additionally, Customer consents to the processing and analyzation of any information Customer provides to Lionstep, in accordance with the Privacy Policy. Lionstep may store such information regardless of whether a job vacancy has been filled.

7. Service Packages and Prices

7.1 Lionstep offers two (2) packages for purchase. In addition to these Terms, the provisions of each package description current at the time of the execution of the Contract shall apply:

“Essentials Package”: The administration of the application process is largely managed independently by the Customer via the Application. One Customer user per business Account is supported. The Essentials service package is suitable for very simple positions only. Details can be found in the package description.

“Professional Package”: The management of the application process is run by the Customer who is assisted by a Lionstep employee. Up to eight (8) Customer users per Account are supported. Details can be found in the package description.

i. When multiple Customers are linked to the same Account, an administrator should be appointed to coordinate with Lionstep (“Admin”). Customers agrees to indemnify and hold harmless Lionstep from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of the employee data needed to activate the Account.

7.2 Lionstep also offers tailored “Enterprise” service packages, the scope and conditions of which are agreed upon after a consultation between Lionstep and the Customer, on an individual basis.

7.3 The selected service package, package description, and the location of the customer’s registered office, whether it lies in Switzerland, in the EU, the US, or in another country, determine the unit prices for credits and may result in price discrepancies.

7.4 Community Support Services provide access to the Q&A section on the Lionstep website and live chat support with a guaranteed response time of twenty-four (24) hours for all packages .

7.5 Lionstep offers the following additional paid Services:

Lionstep Assessment: Based on a Validated Candidate’s answers to circa ten (10) standard questions, Lionstep creates a personality profile. The profile is uploaded to the Client’s Account once approved by the Candidate. One (1) credit is redeemed for the assessment service per Opportunity.

ATS integration: By Client request, Lionstep can integrate the profiles of Activated Candidates into the Client’s own “applicant tracking system” (ATS). The Customer must grant Lionstep access to the ATS system by obtaining or providing all necessary consents, approvals, or information. The credits due for an ATS integration are calculated on a case-by-case basis.

8. Term and Termination

8.1 The term of the Contract ends twelve (12) months after the purchase of the last credit (“Termination”).

8.2 The Contract remains open indefinitely should the Customer maintain credits on their Account. Lionstep shall notify the Customer of any impending Termination with reasonable advance notice.

8.3 Both Parties have the right to terminate the Contract with a notice period of three (3) months. In the event of serious violations of this Contract, Lionstep reserves the right to an immediate Termination. An immediate Termination is effective immediately upon notice and waives a Customer’s right to a three (3) month notice period. Lionstep may choose to immediately terminate the relationship in its sole discretion. Customer may immediately terminate the relationship if they can document a material breach of these Terms.

8.4 In the event of a Termination by Lionstep or an immediate Termination by the Customer, owing to documented Contract violations committed by Lionstep, all unused credits will be refunded to the Customer. In all other cases of cancellation or Termination of the Contract, regardless of the reason, any remaining credits are forfeited by the Customer without replacement or refund.

8.5 Should the Contract end in accordance with section 8.1 or through ordinary Termination by Lionstep or through immediate Termination by the Customer, owing to Contract violations committed by Lionstep, the Customer may retain for an additional three (3) months from notice all access to the Application and to the information stored therein at the time of Termination.

8.6 Should the Customer sign a new Contract with Lionstep within the period of three (3) months following Termination, the Customer can maintain its Account and the information stored therein.

8.7 Once the period of three (3) months following Termination has elapsed, the Customer’s Account, including all information stored therein, will be deleted permanently and securely in accordance with data protection laws, provided Lionstep is not specifically entitled or obligated to store said data.

9. Duty to Cooperate

9.1 To enable Lionstep to provide its Services in accordance with the Contract, the Customer acknowledges and agrees to cooperate in the creation of accurate, complete, and continually updated Opportunities and in the prompt response to Activated Candidates.

9.2 The duty to cooperate includes the obligation to inform Lionstep immediately of updates to circumstance or information that Lionstep has no direct control over and is therefore unable to intervene autonomously.

10. Liability of the Customer for the Content

10.1 The Customer bears the full liability for all content uploaded to the Application. Upon request, the Customer agrees to indemnify Lionstep and hold Lionstep harmless from all third-party claims asserted in connection with any content uploaded to the Application.

10.2 In particular, the Customer represents and warrants that the content uploaded to the Application or made accessible to Lionstep for publication, does not violate any rights of third parties, including but not limited to copyrights, trademark, patent rights, or personal rights.

10.3 In addition, the Customer guarantees that the uploaded content is always truthful, accurate, and updated. Customer shall clarify whether the published Opportunity is addressed to freelancers or full-time employees and to refrain from publishing Opportunities that are not directly related or functionally linked to the job posting – in particular, advertising content – that could unduly influence the Candidates.

10.4 Should claims be asserted by third parties against Customers in connection with content uploaded and/or published on the Application, Customers must immediately inform Lionstep and indemnify Lionstep from any third-party claims asserted against Lionstep.

10.5 Customer is responsible for the legality of all content shared with Lionstep. Lionstep reserves the right to remove or prevent the publication of content in accordance with the Terms –especially if it violates legal rules or regulations. Lionstep will also remove content or prevent its publication if requested to do so by authorities or Customers, as well as in the event that obligations under this Contract go unfulfilled by the Customer. Customer shall indemnify, defend and hold harmless Lionstep, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Lionstep content created or Lionstep for evaluating Candidates, or any Opportunity listing or any message sent by Customer (including any questions for Activated Candidates contained in any of the foregoing).

10.6 In all aforementioned cases, the Customer’s payment obligation under this Agreement shall remain unaffected.

11. Intellectual Property and Data Protection Rights

11.1 Lionstep holds the exclusive intellectual property rights of all content, layouts, and databases available on the Application, including the Application itself. Unless otherwise stated, Customers do not acquire any right to use the intellectual property of Lionstep unless such rights are mandatory for the use of the Services governed by these Terms and are limited to the corresponding term. In such an instance, Lionstep grants Customers a limited, non-exclusive, non-assignable, non-transferable right and license to access, use and display the Application, solely as described in these Terms.

11.2 Customers agree not to: (1) capture, transfer, upload, distribute, sell, license, modify, manipulate, reproduce, perform, publicly display, create derivative works from or based upon, or otherwise exploit the Application, in whole or in part, on any other website or application or in any medium no known or hereafter developed; and (2) remove or modify any trade names, product names, logos, trademarks, copyrights or other proprietary notices, legends, symbols or labels on the Application (each of the foregoing, “Unauthorized Conduct.”) Any Unauthorized Conduct constitutes a violation of these Terms and infringement of the intellectual property of Lionstep and/or its content providers. Any such infringement may subject Customer to civil and criminal liability and penalties under intellectual property laws throughout the world, including, without limitation, the payment of damages and attorneys’ fees.

11.3 Lionstep operates in compliance with applicable data protection laws, in particular the Swiss Federal Data Protection Act and the EU General Data Protection Regulation. Please check the privacy policy available online.

11.4 Lionstep may at any time and in its sole discretion, add, modify, or remove any features or functions of the Application or Services, in whole or in part, without or without notice to Customers, prior or otherwise.

12. Limitations of Liability

12.1 TO THE EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL LIONSTEP AND ITS AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, ATTORNEY’S FEES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APPLICATION OR SERVICES EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. WHILE LIONSTEP TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO APPLICATION OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, TO THE EXTENT ALLOWED BY APPLICABLE LAW, LIONSTEP AND ITS AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE APPLICATION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER. TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF LIONSTEP AND ITS AFFILIATED ENTITIES TO CUSTOMER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY CUSTOMER TO LIONSTEP IN THE PREVIOUS TWELVE MONTHS.

12.2 Lionstep undertakes to provide the applications and services described in §4 in accordance with the information and materials provided by the Customer. However, Lionstep assumes no liability for the accuracy of the information when providing details about a specific Candidate with whom the Customer wishes to work.

12.4 In particular, the Customer expressly acknowledges that Lionstep is only responsible for establishing the initial contact between the Customer and the Activated Candidate. Lionstep, however, does not act as employer, vicarious agent, representative, or authorized representative of the Activated candidate. The Candidates themselves are exclusively responsible for all information appearing on their profiles, as well as for all declarations, decisions, or other actions made within and during the application process. Lionstep does not confirm the accuracy or completeness of any Candidate’s information, including the identity of the Candidate.

12.5 Lionstep undertakes to provide its Services in compliance with the highest possible standards of quality and care. However, in cases of force majeure, including but not limited to temporary interruptions of the Services due to technical problems, Lionstep shall not be liable.

12.6 In addition, Lionstep is not liable for damages of any kind caused by improper or abusive use of the Application, including but not limited to violation of the Candidate Terms or violations by Customers or third parties, and reserves all resulting claims for compensation.

12.7 Customers who qualify as employment agencies are solely liable for their own compliance with all applicable employment agency regulations and laws. Such Customers agree to provide, upon request, a copy of their valid employment agency license.

12.8 It is the Customer’s responsibility to comply with all applicable laws and regulations, and therefore, the Customer must confirm whether Lionstep’s Services are legal in the Customer’s jurisdiction.

12.9 CUSTOMER AGREES THAT USE OF THE APPLICATION AND SERVICES IS ENTIRELY AT THEIR OWN RISK. THE APPLICATION IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIONSTEP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. LIONSTEP DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATION DOES NOT VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. LIONSTEP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE EXTENT ALLOWED BY APPLICABLE LAW, CUSTOMER (AND NOT LIONSTEP) ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATION, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LIONSTEP AND ITS AFFILIATED ENTITIES SHALL CREATE A WARRANTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO CANDIDATE.

If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

12.10 The Application is a platform designed to facilitate hiring of qualified Candidates. Customers may offer Candidates the opportunity to participate in hiring activities. Customer understands and agrees that Customers are responsible for complying with applicable law regarding employment and hiring practices, including Title VII, and that the Customer indemnifies Lionstep against any and all claims arising from Customer’s use of the Application. Lionstep disclaims all liability and makes no warranty that Customer’s use of the Application complies with Title VII or any similar law. Lionstep has no control over and does not participate in the hiring process, nor is Lionstep an employment agency. Lionstep merely provides a platform that enables Candidates and Customers to exchange information at their discretion.

13. Confidentiality

13.1 The Parties shall treat as confidential all information supplied or exchanged in the execution of the Contract and these Terms if it is of confidential character be expressly mentioned or otherwise resulting from the circumstances.

13.2 Customers are obligated to treat the information received via Candidates as strictly confidential and in accordance with relevant data protection regulations; in particular, in the event the Customer chooses not to enter into any contractual agreements with the Candidates.

13.3 The obligation to treat all information received via Candidates as strictly confidential and in accordance with relevant data protection regulations remains in effect even after the Contract with Lionstep has expired.

14. Miscellaneous

14.1 Amendments and supplements to these Terms must be made in writing.

14.2 In the event of a breach of the Terms by Customer, Lionstep reserves the right to terminate the Contract without notice and for good cause as well as reserves the right to assert claims for damages against the Customer. Further claims for damages by Lionstep remain unaffected by this stipulation.

14.3 If any provision of these Terms is invalid or unenforceable, the remaining provisions shall remain unaffected. The Parties shall use their best efforts to replace the invalid or unenforceable provision with a valid and enforceable provision that best corresponds to the contractual scope.

14.4 This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

14.5 These Terms and any dispute arising out of or in connection with these Terms or related in any way to the Application (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these Terms, by and under the laws of the State of New York, United States of America, if you are located in the United States, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in New York, New York. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in New York, New York, U.S.A, if you are located in the United States of America.

14.6 Other than as stated herein, the Terms are not intended to grant any other third-party rights. If you have downloaded the Application from the Apple, Inc (“Apple”) App Store or Google Play (“App Store”) or if you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding app stores. The Terms are an agreement between you and Lionstep and not with the App Store, and Lionstep is solely responsible for the Application. The App Store has no obligation to furnish any maintenance or support for the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify the App Store and they will refund the purchase price (if applicable) to you, and, to the maximum extent allowed by law, the App Store will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities or expenses arising out of any failure to conform to any warranty shall be the sole responsibility of Lionstep. The App Store is not responsible for addressing any claims by you or any third party relating to the App including: product liability claims; claims that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under any consumer protection law. In the event of any third-party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, Lionstep will be solely responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms. You agree that the App Store and its affiliates are third-party beneficiaries of these Terms as related to your license to the Application, and that, upon your acceptance of the Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Application against you as a third-party beneficiary thereof. You represent and warrant that: you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; you are not listed on any U.S. Government list of prohibited or restricted parties; you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances. You must also comply with all applicable third-party terms of service when using the Application.

14.7 Candidates also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Application or these terms of service, if you are located in the United States.

14.8 As partial consideration for your use of the Application and these services, Customers agree not to sue Lionstep as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Lionstep regarding your use of the Application.. If you do not agree to any part of these terms, do not continue your use of the Application. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court