Terms of Service
Last Revised: June 18, 2026
Welcome to CrowdPlat — a set of platforms and services powered by CrowdPlat, Inc. (“CrowdPlat,” “we,” “us,” or “our”). Through our mobile application (the “App”), our websites (including www.crowdplat.com and hire.crowdplat.com) (the “Site”), and related online products and services (collectively, the “Service”), CrowdPlat enables:
- Crowdsourcing & project delivery — businesses connect with independent technology experts and pre-formed expert teams to scope and deliver projects, prize challenges, R&D innovation, technology-landscape analysis, and IP discovery;
- AI Hire (recruiting) — recruiters and hiring organizations post jobs and evaluate candidates with AI-assisted resume scoring, screening questions, and video interviews;
- Candidate & career tools — job seekers explore and apply for roles and may purchase optional career services (such as AI score explanations, resume rewrites, priority review, mock interviews, and closed-job insights);
- Talent marketplace — freelancers and job seekers create profiles and find work;
- Job promotion & advertising — recruiters can promote jobs (including paid promotion through third-party platforms such as LinkedIn); and
- Public-sector & government services — IT staff augmentation and related services delivered under government vehicles (for example, the Texas DIR contract and NASA NOIS solicitations).
These Terms of Service (“Terms”) apply to your access to and use of the Service, whether you are a customer, recruiter, hiring organization, candidate, job seeker, freelancer, project manager, crowdsourcing solver or prize-challenge participant, pre-formed-team member, or government buyer.
Contents
- Accepting these Terms
- Modifications
- Privacy Policy
- Description of the Service
- Creating Accounts
- Fees, Billing & Refunds
- AI & Automated Tools; No Guarantee of Outcomes
- Right to Use the Service
- Prohibited Use of the Service
- Reporting and Removal (DMCA)
- CrowdPlat's Rights
- Rights in Deliverables
- Third-Party Services & Platforms
- Feedback
- Disclaimers
- Limitation of Liability
- Indemnification
- Changes to the Service
- Electronic Communications
- Suspension and Termination
- Governing Law; Arbitration
- Publicity
- General
- Contact Us
- Notice for California Users
- Apple App Store Terms
1. Accepting these Terms
BY DOWNLOADING THE APP OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW. Please read all of the terms before you use the Service. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Service.
2. Modifications
We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.
Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Service after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.
3. Privacy Policy
For information about how we collect, use and share information about users of the Service — including resumes, application responses, video and audio submissions, payment information, and AI-generated assessments — please see our Privacy Policy.
4. Description of the Service
A) Crowdsourcing — Projects, Prize Challenges & Pre-formed Teams
CrowdPlat’s crowdsourcing offering has two delivery models: prize challenges and competitions, where many solvers compete to provide the best solution for a posted purse, and pre-formed expert teams, where an assembled team delivers a scoped project. The sub-sections below describe each model for both the Customer (the organization that sponsors a challenge or engages a team) and the solvers, project managers, freelancers, and team members who perform the work; eligibility, intellectual-property, and award/payment terms common to all crowdsourcing participation follow at the end of this Section A. In these Terms, a “Crowdsourcing Project” means any such challenge, competition, or pre-formed-team project, and a “Participant” means any solver, project manager, freelancer, or team member who takes part in one. Each engagement is governed by these Terms together with any project-, challenge-, or contract-specific rules.
Prize challenges & competitions — for Customers (sponsors)
As a Customer, you may sponsor a prize challenge or competition through the Service. You define the problem, the official rules, eligibility, timeline, judging criteria, deliverable requirements, and the prize purse (collectively, the “Challenge Rules”), and CrowdPlat administers the challenge — including solver outreach, submission intake, judging logistics, eligibility verification, and award administration. You pay CrowdPlat’s management/execution fee and fund the prize purse as set out in your agreement and the applicable pricing (see Section 6). Submissions are evaluated and winners are selected under the Challenge Rules at your and CrowdPlat’s discretion. You receive the intellectual-property licenses and, upon payment of a prize or award, the rights described under “Intellectual property” below. CrowdPlat does not guarantee a minimum number or quality of submissions, or any particular result.
Prize challenges & competitions — for solvers / participants
Individuals, groups, and entities may register to compete in a prize challenge or competition (each, a “Solver” or “Participant”). Each challenge may have its own posted Challenge Rules — eligibility, timeline, judging criteria, deliverable requirements, and prize/award structure — which form part of these Terms for that challenge and control over these Terms to the extent of any conflict for that challenge; you are responsible for reading and complying with them before you participate. You submit your solution through the Service, where it is evaluated and judged. Participation does not guarantee any award, and the eligibility, intellectual-property, and award/payment terms below apply to your submission.
Pre-formed expert teams — for Customers
As a Customer, you can post a request (an “RFP”) for development and other technology-related services you would like to have performed. Independent contractors with project-management experience (“Project Managers”) can review your RFP and submit questions about it, and compete with other Project Managers to perform the project described in the RFP (the “Project”) by submitting a proposal (each, a “Proposal”) that includes the milestones for the Project, the fees the Project Manager desires to be paid, and the Project Manager’s background and experience. You may review each Proposal and the fees associated with each Milestone (as defined below), which include CrowdPlat’s applicable commission (the “Commission”), and you award the Project to a Project Manager at your sole discretion. The selected Project Manager then assembles a team of other independent contractors who use the Service (each, a “Freelancer”) to perform the Project. Once the Project Manager confirms the team, the Service records the final terms agreed between you and the Project Manager, including the total fees payable to the Project Manager and Freelancers (the “Fees”), the milestones that must be accomplished (each, a “Milestone”) to trigger payment of the applicable portion of the Fees (the “Milestone Fees”), and the Commission. You are responsible for your use of the Service; Project Managers and Freelancers are solely responsible for the work they perform, and CrowdPlat does not verify, and is not liable for, any information a Project Manager or Freelancer provides to you.
Pre-formed expert teams — for Project Managers, Freelancers & team members
Project Managers and Freelancers are independent contractors, not employees, agents, or partners of CrowdPlat or of any Customer. The Project Manager assembles and coordinates the team and proposes how the Fees are allocated; the fee allocation recorded through the Service governs how the Fees and Milestone Fees are split, and CrowdPlat releases Milestone Fees as Milestones are completed. You are responsible for the quality, originality, and timeliness of your work and for the intellectual-property warranties and licenses below. CrowdPlat operates the platform and administers payments but is not a party to, and is not responsible for, disputes among team members or between a team and a Customer.
Eligibility & conduct (all crowdsourcing)
To take part in any Crowdsourcing Project you must be at least 18 years old, be legally permitted to participate and to receive any award or payment, and not be located in an embargoed country or listed on any U.S. Government list of prohibited or restricted parties. You represent that every submission, solution, or deliverable is your (or your team’s) own original work, does not infringe, misappropriate, or violate any third party’s intellectual property or other rights, and discloses no information you are not authorized to disclose. You may not collude, submit work generated or owned by others as your own, or otherwise circumvent the applicable rules.
Intellectual property (all crowdsourcing)
By participating in a Crowdsourcing Project, each Participant (whether an individual, group of individuals, or entity, and including Project Managers, Freelancers, Solvers, and team members) grants to CrowdPlat and the end client (the Customer, sponsor, or agency for whom the Crowdsourcing Project is run) an irrevocable, paid-up, royalty-free, nonexclusive, worldwide license to reproduce, publish, post, link to, share, and display publicly the submission, solution, or deliverable on the web or elsewhere, and a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on its behalf the submission, solution, or deliverable throughout the world. Except for the licenses and rights granted under these Terms, each Participant retains its other intellectual-property (IP) rights in its submissions, solutions, and deliverables, as applicable.
Each Participant must warrant that there are no legal obstacles to providing the above-referenced nonexclusive licenses of the Participant’s rights to CrowdPlat and the end client (including, where the end client is a government entity, to that government). In addition, upon payment of any prize, award, or fee for a submission, solution, or deliverable, the Participant grants CrowdPlat and the end client all rights in that paid submission, solution, or deliverable — including the right to use, reproduce, modify, adapt, create derivative works from, distribute, sublicense, sell, and otherwise commercialize it, and the right to apply for, prosecute, obtain, and own patents and other intellectual-property protections on it — worldwide, in perpetuity, and with no further payment, attribution, or approval owed to the Participant. The Participant agrees to execute any documents and take any actions CrowdPlat or the end client reasonably requests to give effect to and perfect these rights. These crowdsourcing IP terms govern intellectual property in all Crowdsourcing Project submissions, solutions, and deliverables and control over Section 12 (Rights in Deliverables). If a Crowdsourcing Project’s posted rules (including any Challenge Rules) state different IP terms, those rules control for that project.
Awards, payment & no guarantee (all crowdsourcing)
Submissions are evaluated and winners or selected teams are chosen at the end client’s and CrowdPlat’s sole discretion under the applicable rules, and those decisions are final. Participation does not guarantee any award, prize, placement, selection, or payment. Any award or payment is contingent on verification of eligibility and compliance with the applicable rules and may be reduced, withheld, or rescinded for any violation. You are solely responsible for any taxes on amounts you receive and may be required to provide tax and payment information before an award or payment is issued. CrowdPlat administers payments through its payment processor (see Section 6) but does not guarantee the volume, quality, or outcome of any submission, or that any Crowdsourcing Project will be awarded, funded, or completed.
B) AI Hire — Recruiting & Candidate Evaluation
Through the Service, you may post job descriptions for contract or full-time roles (each, a “Job”) that you would like to fill. Job seekers (“Candidates”) can review the Job description and submit an application directly through the CrowdPlat platform.
Once a Candidate applies to a Job, the Service uses proprietary and third-party artificial intelligence to evaluate their suitability through a multi-step assessment process. The Service first compares the Candidate’s resume to the Job description using natural language processing (NLP) and semantic similarity analysis to determine alignment. Based on this analysis, the Service then generates a series of screening questions tailored to the role. These questions may be presented in either text or video format, and may include prompts that assess domain-specific knowledge, communication skills, and job fit. The process may also include a Right-to-Represent (“RTR”) acknowledgment for staffing engagements.
Candidates respond to these questions through the platform — submitting written responses for text-based questions and recorded video responses for designated video prompts, and may optionally provide a short profile introduction video and a headshot photo. The Service then evaluates the responses using AI models to assess relevance, structure, clarity, and alignment with the Job description. Each Candidate is assigned a score based on this evaluation.
The Service also includes built-in fraud-detection mechanisms to help ensure the authenticity of Candidate submissions. These mechanisms may include voice-liveness detection to identify voiceovers or lip-syncing in video responses, behavioral pattern analysis to flag the use of third-party tools or bots, and AI-generated text detection to identify potentially inauthentic written responses.
Once the evaluation is complete, the Service generates a composite score for each Candidate based on their resume match, written and video response scores, and fraud-detection flags. Recruiters can view this ranked list of Candidates through the Service and may contact any Candidate at their discretion. Recruiters may also record limited activity (such as whether a Candidate’s profile was viewed) within the Service.
The Service also allows you to promote your Job externally as described in Section D. You are solely responsible for your use of the Service and for reviewing all Candidate information before making a hiring decision. CrowdPlat does not verify the identity, qualifications, or responses of any Candidate and is not liable for any misrepresentation or inaccuracy in Candidate submissions. AI-generated scores and assessments are decision-support tools only, as further described in Section 7.
Recruiters and employers may also add Candidates to the Service directly — for example, by uploading or importing a resume or candidate file, uploading a LinkedIn applicant export, or otherwise submitting a Candidate’s information (including through the Rewards Program described in Section 4(G)). When you upload, import, or otherwise provide another individual’s resume, contact details, or other personal information (whether a Candidate, a reference, or an employer contact), you represent and warrant that the information is accurate and that you have all necessary rights, authorizations, consents, and lawful bases to share it with CrowdPlat, to permit CrowdPlat to store, process, and evaluate it, and to permit CrowdPlat to contact that individual about relevant opportunities (for example, by a Right-to-Represent invitation, a verification request, or a Job-match email). You are responsible for the information you submit, and CrowdPlat may decline, remove, or stop processing any third-party information at its discretion. CrowdPlat processes this information in accordance with our Privacy Policy.
C) Candidate & Career Services (including paid services)
Candidates may access optional tools to understand and improve how they present themselves for a role. Some of these tools are offered free and others are paid, one-time services (each, an “Offering”). Offerings may include, for example: an explanation of a Candidate’s AI match score and reasoning; an AI-assisted resume rewrite tailored to a Job; a priority review request; a practice “mock interview”; and insights about a closed Job. Offerings are made available at CrowdPlat’s discretion and may not be available for every Job or Candidate.
Offerings are tools and information services only. They do not constitute career, legal, or employment advice; do not guarantee an interview, hire, rate, placement, or any other outcome; and do not obligate any recruiter or employer to take any action. Some Offerings provide a free or preview version (which may be watermarked, partial, or non-downloadable), with the complete, clean, or downloadable version (for example, an editable document or PDF) available as a paid Offering. Fees for paid Offerings are described in Section 6.
When you upload a resume or other materials to use a Candidate tool — including the free AI resume rewrite, which does not require an account — you authorize CrowdPlat to store those materials and to include you as a Candidate in the Service. We may use AI to analyze your resume, match you to open Jobs, and email you about Job opportunities we believe are relevant to you. These Job-opportunity emails are promotional: every such email includes an unsubscribe link, and you may opt out at any time as described in Section 4(F) below, after which we will stop sending you Job-opportunity emails. We handle your resume and personal information in accordance with our Privacy Policy.
D) Job Promotion & Advertising
The Service allows you to promote a Job externally. You may choose to publish a Job to third-party platforms such as LinkedIn through an API integration, run a paid sponsored promotion or “boost” for a Job, or generate a unique, job-specific application link (“Job Link”) that may be posted manually on LinkedIn or other platforms. When a Candidate clicks a Job Link, they will be redirected to the Service to complete the application and evaluation process described above, and the Service will associate the application with the corresponding Job. Paid promotion is subject to the fee terms in Section 6 and to the terms, policies, and content rules of the applicable third-party platform. CrowdPlat does not control, and is not responsible for, the delivery, reach, placement, or results of any third-party advertising platform.
E) Public-Sector & Government Services
CrowdPlat provides information technology staff augmentation and related services to government and public-sector customers under applicable contract vehicles, including the Texas Department of Information Resources (DIR) contract and NASA Open Innovation Services (NOIS) solicitations. Where you engage CrowdPlat under a government contract, purchase order, task order, statement of work, or solicitation (a “Government Agreement”), that Government Agreement and its incorporated terms govern that engagement and control over these Terms to the extent of any conflict for that engagement. Information presented on the Site about a government contract is provided for general information only; navigation from the Site does not represent the offerings available under any government contract, and the applicable ordering procedures and not-to-exceed rates of the relevant contract control.
F) Communications
As part of the Service, we may send you transactional and service messages by email and, where you provide a mobile number and consent, by SMS/text (for example, application status, reminders, and confirmations). We may also send you promotional Job-opportunity and Job-match emails about open roles we believe are relevant to you, including where you uploaded a resume to a Candidate tool as described in Section 4(C). Message and data rates may apply, and message frequency varies. You may opt out of non-essential messages at any time by following the unsubscribe instructions in an email, replying STOP to a text where supported, or contacting us; we honor opt-out requests, and we may still send you non-promotional messages about your account or transactions. Our mailing address for these purposes is set out in Section 24.
For more information about the Service, please visit www.crowdplat.com.
G) Rewards Program (Points)
CrowdPlat may offer an optional rewards program through which recruiters and other eligible users can earn reward points (“Points”) for qualifying activity, such as adding candidates to the Service by uploading candidate resumes or a LinkedIn applicant export. Points are a promotional convenience, not money or property: they have no cash value, are non-transferable, cannot be sold, bartered, assigned, or redeemed for cash, and may be redeemed only as account credit toward eligible paid features of the Service (for example, paid Job promotion/advertising) at the conversion rate we display, which we may change.
Points are awarded only for qualifying activity as we determine — for example, only for candidates who are new to the Service and have a valid email address — and are not awarded for duplicates, candidates already in the Service, entries without a valid email, or activity we determine to be invalid, automated, or in violation of these Terms. Points are typically credited only after we process the upload and may take time to appear. We may review, withhold, adjust, reverse, or revoke Points (including after they are credited) for any activity that does not qualify or that we reasonably believe was obtained in error or through misuse, fraud, duplication, or a violation of these Terms or applicable law — including any submission of another individual’s information without the rights and authorization described in Section 4(B).
The rewards program is offered at CrowdPlat’s discretion. We may change, suspend, or discontinue the program, or change how Points are earned, valued, redeemed, or expire, at any time. Unredeemed Points may expire, and any unredeemed Points are forfeited if your account is closed, suspended, or terminated. Earning or redeeming Points does not change your other obligations under these Terms, including the representations about candidate and third-party information in Section 4(B).
5. Creating Accounts
When you create an account you must maintain the security of your password and accept all risk that someone may access your account without your permission. If you discover or suspect any Service security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account, including any payment information, is accurate, truthful, current, and complete. CrowdPlat reserves the right to deny any account at our discretion. If you are using CrowdPlat on behalf of a company, you represent and warrant that you are authorized to accept these Terms and to create an account on behalf of that company, and such company will be liable for your violation of these Terms.
6. Fees, Billing & Refunds
Certain features of the Service are paid, including (without limitation) Commissions on Projects, recruiter subscriptions or account upgrades, paid job promotion/boost, and paid Candidate Offerings. The price and scope of a paid feature are presented to you before you complete a purchase, and by completing the purchase you authorize us (and our payment processor) to charge the payment method you provide for the stated amount plus any applicable taxes.
- Payment processing. Payments are processed by a third-party payment processor (for example, Stripe). CrowdPlat does not store your full payment-card number; your payment information is handled by the processor under its own terms and privacy policy. You represent that you are authorized to use the payment method you provide.
- Taxes. Stated prices may exclude taxes. You are responsible for any sales, use, value-added, or similar taxes associated with your purchase, other than taxes based on CrowdPlat’s net income.
- Subscriptions and renewals. If a feature is offered on a recurring or subscription basis, it will renew on the stated cadence until cancelled, and you authorize recurring charges until you cancel. You may cancel future renewals at any time as described in the Service; cancellation stops future charges but does not retroactively refund amounts already paid unless required by law.
- Promotion budgets. Amounts you commit to a paid job promotion (including any platform spend and CrowdPlat fee) are generally non-refundable once the promotion has started or the spend has been incurred with the third-party platform.
- Refunds. Except where required by applicable law or expressly stated at the point of purchase, fees for paid Offerings and other digital services are non-refundable once the service has been delivered or substantially performed. If you believe you were charged in error, contact us at [email protected] and we will review your request in good faith.
- Chargebacks. If you initiate a chargeback or payment dispute without first contacting us, we may suspend your account while the dispute is resolved.
Government engagements are billed in accordance with the applicable Government Agreement, not this Section.
7. AI & Automated Tools; No Guarantee of Outcomes
The Service uses artificial intelligence and automated tools — including third-party AI/large-language-model providers — to analyze resumes and application responses, generate screening questions, score and rank Candidates, draft proposal and resume content, detect potential fraud, and produce explanations and insights. These outputs are decision-support tools and estimates only. They are not guarantees and may be incomplete or inaccurate.
Hiring, representation, award, project, and engagement decisions are made by recruiters, employers, and customers — not by CrowdPlat. CrowdPlat does not make final hiring or eligibility decisions for any recruiter or employer, and AI scores do not by themselves determine any outcome. CrowdPlat does not guarantee that any Candidate will be interviewed, hired, represented, or placed; that any Project will be awarded or completed; that any proposal will win; or that any promotion will produce applicants or results. By using AI-enabled features, including recorded video and any voice-liveness or authenticity analysis, you acknowledge and consent to this processing as described in our Privacy Policy. If you have questions about an automated assessment that concerns you, you may contact us at [email protected].
8. Right to Use the Service
On the condition that you fully comply with these Terms, CrowdPlat grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service for your own personal or internal business use.
Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Service, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service, (c) disassemble, decompile or reverse engineer any of the software components of the Service, (d) copy, frame or mirror any part of the Service, (e) interfere with or disrupt the integrity or performance of the Service, (f) use any robot, scraper, or other automated means to access or collect data from the Service, or to train any machine-learning or AI model on the Service or its content, or (g) attempt to gain unauthorized access to the Service or its related systems or networks.
9. Prohibited Use of the Service
You may not post or otherwise make available on or through the Service any of the following:
- Private information of any other persons (including names, email addresses, phone numbers, Social Security numbers and financial information) without authorization;
- Content that is libelous, defamatory, abusive, offensive or hateful;
- Content that is obscene, pornographic, indecent or sexually explicit, or that depicts graphic, excessive or gratuitous violence;
- Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
- Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
- False, fraudulent, or misleading information, including misrepresenting your identity, qualifications, or the authorship of any resume, application response, or video;
- Viruses, corrupted data or other harmful, disruptive or destructive files or code;
- Content that, in CrowdPlat’s judgment, is objectionable, may restrict or inhibit another user from enjoying the Service or may expose CrowdPlat or users of the Service to harm or liability of any type;
- Content that you are contractually or legally required to keep confidential.
Also, you may not do any of the following in connection with the Service or other users:
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service;
- Collect any personal information about other users;
- Intimidate, threaten, stalk, bully or otherwise harass other users;
- Post spam or commercial messages through the Service;
- Create an account, post an RFP, post a Job, or apply to a Job if you are not over 18 years of age;
- Use the Service for any illegal or unauthorized purpose, including any employment decision that violates equal-opportunity, anti-discrimination, or other applicable law;
- Circumvent or attempt to circumvent any filtering, security measures, rate limits, fraud-detection, or other features designed to protect the Service, its users, or third parties.
Your use of the Service is at your own risk. CrowdPlat is not responsible or liable for the conduct of, or your interactions with, any other users of the Service (whether online or offline) or for any related damage or harm. As a provider of interactive services, CrowdPlat is not liable for the content of any RFPs, Proposals, Jobs, or applications. Although we have no obligation to screen, edit or monitor user content, we reserve the right, and have the discretion, to screen, edit or remove any content at any time, for any reason and without notice.
10. Reporting and Removal
CrowdPlat users may report content to CrowdPlat that they think violates these Terms, and CrowdPlat may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user.
Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, CrowdPlat has adopted a policy of terminating, in appropriate circumstances and at CrowdPlat’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. CrowdPlat may also at its sole discretion limit access to the Service or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Service infringes upon any copyright that you own or control, you may file a notification with CrowdPlat's Designated Agent as set forth below:
Designated Agent: Sahil Sarosh
Address of Designated Agent: 6701 Koll Center Pkwy, Ste 250, Pleasanton, CA 94566
Email Address of Designated Agent: [email protected]
Phone number of Designated Agent: (408) 479-3801
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by CrowdPlat or the alleged infringer as the result of CrowdPlat relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
11. CrowdPlat's Rights
As between you and CrowdPlat, all information, materials and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, AI prompts and models, and other content is owned by CrowdPlat or is used with permission. When you create, share, link to, post or otherwise make available to the Service any RFP, Job, application, resume, or other content, you grant us a nonexclusive, royalty-free, worldwide, sublicensable right to host, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content for the purpose of operating, providing, securing, and improving the Service (including generating scores, matches, and explanations). CrowdPlat reserves all rights not expressly set forth in these Terms. You hereby irrevocably waive in favor of CrowdPlat any and all moral rights that you may possess in or to any content made available to the Service by you.
12. Rights in Deliverables
As between you and CrowdPlat, you will retain any and all intellectual property rights in and to any deliverables created for you by the applicable Project Manager and Freelancers, subject to any separate agreement between you and those parties. Rights in deliverables under a Government Agreement are governed by that agreement. For Crowdsourcing Projects (prize challenges, competitions, and work performed through pre-formed teams), intellectual property is instead governed by the crowdsourcing IP terms in Section 4(A) — Participants grant CrowdPlat and the end client the nonexclusive licenses described there, and, upon payment of any prize, award, or fee, CrowdPlat and the end client receive all rights in the paid submission, solution, or deliverable (including the right to patent it) — and those terms control.
13. Third-Party Services & Platforms
The Service relies on, and integrates with, third-party services — including cloud-infrastructure and storage providers (for example, Amazon Web Services), payment processing (for example, Stripe), AI/large-language-model providers, communications and analytics tools, bot-protection (for example, Google reCAPTCHA), and advertising/job-distribution platforms (for example, LinkedIn). Your use of those integrated features may also be subject to the third party’s own terms and privacy policies. CrowdPlat is not responsible for the acts, omissions, availability, or content of any third-party service, and links to third-party sites are provided for convenience only.
The software you download may consist of a package of components, including certain third-party software provided under separate third-party license terms. Your use of that third-party software in conjunction with the App in a manner consistent with these Terms is permitted; you may have broader rights under the applicable third-party license terms, and nothing in these Terms is intended to impose further restrictions on your use of that third-party software.
14. Feedback
Any suggestions, comments or other feedback you give us about the Service (the “Feedback”) will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
15. Disclaimers
EXCEPT AS REQUIRED OTHERWISE OF CROWDPLAT BY APPLICABLE LAW, THE SERVICE AND ANY OTHER SERVICE AND CONTENT OR MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING PROPOSALS, AI-GENERATED SCORES, MATCHES, EXPLANATIONS, RESUMES, AND ANY DELIVERABLE PROVIDED TO YOU BY A PROJECT MANAGER OR FREELANCER) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT, AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE. WE DO NOT WARRANT THAT AI-GENERATED OUTPUTS ARE ACCURATE, COMPLETE, OR SUITABLE FOR ANY EMPLOYMENT OR PROCUREMENT DECISION.
16. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL CROWDPLAT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF EMPLOYMENT OR BUSINESS OPPORTUNITY, LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE (INCLUDING ANY RFP, JOB, PROPOSAL, AI SCORE, OR PAID OFFERING), AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF CROWDPLAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF CROWDPLAT AND ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED ANY FEES THAT YOU MAY HAVE PAID TO CROWDPLAT IN THE TWELVE MONTHS PRIOR TO THE DATE ON WHICH THE LOSS OR DAMAGE AROSE.
17. Indemnification
You will defend us from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, and indemnify us for any damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any of your conduct with respect to the Service or your violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your CrowdPlat account, including any employment or procurement decision you make.
18. Changes to the Service
CrowdPlat reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without providing notice to you. CrowdPlat will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.
19. Consent to Electronic Communications
By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at [email protected].
20. Suspension and Termination
CrowdPlat may suspend or terminate your rights to access or use the Service (including any App) for any reason or for no reason at all and with or without notice at CrowdPlat’s discretion. Suspension or termination may include restricting access to and use of one or more Apps. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.
21. Governing Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH CROWDPLAT AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CROWDPLAT.
These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without resort to any conflict of law provisions. This Section does not apply to a Government Agreement, which is governed by its own terms and by applicable federal or state law.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and CrowdPlat agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other, demand mediation under the mediation rules of the American Arbitration Association in Santa Clara County, California. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and CrowdPlat are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and CrowdPlat will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Santa Clara County, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitrator determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Santa Clara County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use of the Service.
22. Publicity
You consent to our use of your name and logo on the Service and our marketing materials identifying you as a user of the Service, and you agree that we may issue a press release identifying you as a user of the Service. You may withdraw this consent for future materials by contacting us at [email protected].
23. General
Enforcement of these Terms is solely at CrowdPlat’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.
These Terms (and the other policies and terms referred to above, and any applicable Government Agreement) make up the entire agreement between you and us regarding the Service, and they supersede any prior agreements that may have been made.
24. Contact Us
If you have any questions about these Terms, please email us at [email protected] or send a letter to:
CrowdPlat, Inc.6701 Koll Center Pkwy, Ste 250
Pleasanton, CA 94566
25. Notice for California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the address above with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
26. Notice Regarding Apple
Notwithstanding any terms to the contrary in these Terms, the following additional terms will apply to the download of the App for use on the iPhone, iPod Touch or iPad:
You and CrowdPlat acknowledge that the Terms are solely between you and CrowdPlat, and not with Apple, Inc. (“Apple”), and that CrowdPlat, not Apple, is solely responsible for the Service, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple iPhone App Store (“App Store”). You agree to pay all fees charged by the App Store in connection with the App (if any). You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service (“Apple Usage Rules”) as of the date you download the App. In the event of any conflict between the terms and conditions of the Apple Usage Rules and the terms and conditions of these Terms, the terms and conditions of the Apple Usage Rules will govern if they are more restrictive.
Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod Touch or iPad that you own or control as permitted by the Apple Usage Rules.
Maintenance and Support. CrowdPlat is solely responsible for providing maintenance and support services with respect to the App. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of CrowdPlat. However, you understand and agree that, in accordance with these Terms, CrowdPlat has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App, except those implied by law.
Product Claims. You and CrowdPlat acknowledge and agree that as between Apple and CrowdPlat, CrowdPlat, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. You and CrowdPlat acknowledge and agree that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, CrowdPlat, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Legal Compliance. You represent and warrant that (a) 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, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. Any end-user questions, complaints or claims with respect to the App should be directed to: CrowdPlat, Inc., 6701 Koll Center Pkwy, Ste 250, Pleasanton, CA 94566, Email: [email protected].
Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of these Terms against you as a third-party beneficiary thereof. However, the right of CrowdPlat to terminate, rescind or make any change to these Terms is not subject to the consent of any other person.