Terms of Service

Last Updated: March 13, 2024

Eightfold AI Inc. on behalf of itself and its subsidiaries (“Blindfold,” “we,” “us,” or “our”) is excited to bring partner companies and individuals together through the artificial intelligence (AI) powered Blindfold AI Platform, including the functionality and services offered on or through the platform, to enable professional networking and a better career building experience (the “Services”).

Those who sign up to use Blindfold AI (our “Members”) use the Services to share professional information about themselves with others, to engage their professional network, and to find business and career opportunities. The Services are available for use by individuals, organizations, and members of the public who are 16 years of age or older.

By clicking ”Get Started,” “Login,” “Sign In,” or similar actions, or otherwise registering, accessing or using the Blindfold AI Platform, you accept and agree to be bound and abide by these Terms of Service.

You understand that we reserve the right to change or amend these Terms of Service from time to time. Except as otherwise required by law, all changes shall be immediately effective upon their posting to the Services. You acknowledge and agree that your continued access and use of the Services following such changes shall be deemed acceptance by you of any new or amended provisions of these Terms of Service. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

1. Obligations

1.1 Your Account

To use the Services, you may be required to register for an account and supply contact, job profile, authentication verification, and other information about you. You may also be asked to provide a username/password, and provide your email address or mobile telephone number for secure login, or provide other security information (e.g., multi-factor authentication codes).

1.2 Sharing with Others

THERE IS A GENERAL EXPECTATION THAT INFORMATION YOU MAKE AVAILABLE IS VIEWABLE BY OTHER USERS OF THE SITE, CUSTOMERS/PARTNERS OF BLINDFOLD AND THIRD PARTIES AS DEEMED RELEVANT BY BLINDFOLD. The Blindfold AI Platform allows you to build custom webpage(s) with information about your job experience, education, credentials, and other employment related information (your “Profile”). You acknowledge and agree that your Profile may be viewable to other users of the Blindfold AI Platform. Your Profile may also be viewable to the public via internet search engines (e.g., Google) as a result of those technologies’ internet indexing services. If you do not wish for others, including third parties who are not users of the Blindfold AI Platform, to view your Profile, do not use the Blindfold AI Platform (or, where permitted, adjust your settings accordingly). Blindfold is not liable or responsible for how any third party uses the information contained in your Profile. While the Services may mask certain identifying information you provide, it may not prevent others from identifying you through other means. The Services or Blindfold cannot guarantee results.

1.3 Your Information

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information, which may include the ability to sign-in using third-party account credentials (e.g., your Google, Meta, Apple ID, etc. accounts). It is a condition of your use of the Services that all the information you provide on the Services, including that information required to create an account or sign into the Service, is correct, non-misleading, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services (including sign-in features), is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile up to date helps make these recommendations more accurate and relevant.

2.0 Rights and Limitations

2.1 Availability

We reserve the right to withdraw or amend the Blindfold AI Platform, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to part or whole of the Services to users, including registered users.

2.2 Security

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You may be held liable for losses incurred by Blindfold, or any other user of the Services, due to someone else using your Blindfold password or account. You will not use anyone else’s Blindfold password or account at any time. Blindfold will not be liable for any loss or damage arising from your failure to comply with these obligations.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.

2.3 Intellectual Property Rights

The Services and its contents, features, and functionality (including all software, text, displays, images, video, and audio, and the design, selection, arrangement, all improvements thereof) are owned by the Blindfold, its licensors, or other original providers of such material and are protected by worldwide copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Blindfold name, and all related names, logos, product and service names, designs, and slogans are trademarks of Eightfold Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of the Blindfold. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

You represent and warrant that you understand and agree that by submitting suggestions or other feedback regarding our services, you agree that Blindfold can use and share (but does not have to) such feedback for any purpose without compensation to you. You have no obligation to provide any such suggestions or feedback.

2.4 User Content

The Blindfold AI Platform may allow users to upload, post, or submit communications and other information (“User Content”) in a manner that is available to Blindfold or other users. User Content includes information you submit to build your Profile, as well as any communications with other users (via messaging or similar features available through the Blindfold AI Platform). We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Services.

For the purposes of these Terms, “User Content” does not include: (i) any aggregated or de-identified data derived from your use of the Services and that does not identify you and is not capable of re-identifying you (“De-Identified Data”); or (ii) statistical technical data related to your access or use of the Services (“Technical Data”). As between you and Blindfold, all De-Identified and Technical Data is solely and exclusively owned by Blindfold. Blindfold may use such data for any lawful purpose, including to manage and improve the performance of its Services, for statistical analysis, and for research, commercial, and development purposes.

In submitting the User Content to the Services, you grant Blindfold and our affiliates, licensors, and service providers, and each of their and our respective licensees, successors, and assigns, a non-exclusive, sublicensable, transferable, perpetual, worldwide, royalty-free license to use, display, access, view, store, and/or download User Content, and post or forward User Content to others, for the purpose of providing you the Services, exercising our rights or obligations under these Terms of Service, or any other use described in our Privacy Policy.

You also acknowledge and agree that Blindfold does not control any user’s acts or omissions, or User Content submissions. We disclaim all warranties and liabilities for User Content. We are not responsible for any action taken by any third party with respect to your User Content.

You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license above and that all of your User Content does and will comply with all applicable laws, rules, and regulations, and these Terms of Service.

You also represent and warrant that you have obtained all applicable consents and permissions needed to provide Blindfold with any User Content or other information provided by you, and that you have a lawful basis for providing such information to Blindfold, in connection with your use of the Services, including, without limitation, any personal information as defined under applicable law provided to Blindfold. You agree to cooperate with Blindfold and take such action as reasonably requested by Blindfold with respect to any information provided by you to Blindfold.

You understand and acknowledge that you have full responsibility for your User Content, including its legality, reliability, accuracy, and appropriateness. Blindfold disclaims all representations or warranties regarding the retention or backup of any User Content. You are solely responsible for the backup and any copies of any User Content.

2.5 User “Don’ts”

You agree that your User Content will not:

  1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
  5. Be likely to deceive any person.
  6. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  8. Impersonate any person or misrepresent your affiliation with any person or organization.
  9. Give the impression that it emanates from or is endorsed by Blindfold or any other person or entity, if this is not the case.
  10. Criticize Blindfold, the Services, or Blindfold operational partner.

You also agree not to:

  • Modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the services;
  • Build or benchmark a competitive product or service, or copy any features, functions or graphics of the services;
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Monitor the Services’s availability, performance or functionality for any competitive purpose.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
  • Abuse or interfere with or attack the Services such as using a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

2.6 Other Content, Sites and Apps

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Blindfold, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Blindfold. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience. We have no control over the contents of those sites or resources, and You agree we are not responsible for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so at your own risk and subject to the terms and conditions of use for such websites. Blindfold generally does not review content provided by third parties.

3.0 Disclaimers and Limit of Liability

3.1 No warranty

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY WITH RESPECT TO THE COMPLETENESS, RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, RESULT OF USE, OF THE SERVICES. TO THE FULLEST EXTENT PROVIDED BY LAW, BLINDFOLD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

3.2 Exclusion of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BLINDFOLD AI AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, CAREER OPPORTUNITY, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BLINDFOLD AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (A) $100, OR (B) THE AMOUNT YOU HAVE PAID TO BLINDFOLD FOR THE APPLICABLE SERVICE OR PRODUCT OUT OF WHICH LIABILITY AROSE.

3.3 Indemnification

You agree to defend, indemnify, and hold harmless Blindfold, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your User Content, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Services.

4.0 Disputes, Governing Law and Jurisdiction

You are solely responsible for your interactions with other users. We have no obligation to mediate or otherwise resolve disputes between users (including candidates and employers) and/or any third party.

All matters relating to the Services or these Terms of Service, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, the Services or these Terms of Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Santa Clara. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts for purposes of these Terms of Service only.

THE PARTIES AGREE THAT ANY CLAIMS RELATED TO YOUR USE OF THE SERVICES OR THESE TERMS OF SERVICE WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PRIVATE ATTORNEYS GENERAL ACT (PAGA), OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.

5.0 Termination

Blindfold may terminate this agreement at any time or suspend or revoke your use of the Services. On termination, you lose the right to access or use the Services. Any provision of these Terms of Service, which by their nature are intended to survive termination, will so survive, including security, confidentiality, usage restrictions, disclaimers, accrued indemnity, limitations of liability, and termination provisions.

6.0 Waiver and Severability

No waiver by Blindfold of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Blindfold to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be limited to the minimum extent (or, if that is not possible, eliminated) such that the remaining provisions of the Terms of Service will continue in full force and effect.

7.0 Entire Agreement

The Terms of Service constitute the only agreement between you and us regarding the Services and supersede all prior agreements regarding the Services.

We may assign our rights and obligations under these Terms of Service, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

8.0 Your Comments and Concerns

All notices of privacy-related requests should be directed to the contact information designated in our Privacy Policy in the manner and by the means set out therein. Questions about these Terms of Service or the Blindfold AI Platform should be directed to: legal@eightfold.ai.