Terms of Use

These Terms of Use ("Terms") govern the use of the [Platform] ("Topequator") by individuals seeking employment or job-related information ("Job Seekers") and organizations or agencies posting job opportunities and searching for candidates ("Employers") as well as any other users (collectively, "Users"). These Terms also incorporate the [Platform] Privacy Policy by reference.

These Terms constitute a binding agreement between You ("You" or "Your") and [Topequator], a company incorporated in [Delaware, USA]. By using the [Platform], You confirm that You have read, understood, and agree to be bound by the Terms, including the Privacy Policy. If You do not agree with any of the Terms, please do not use the [Platform].

[Topequator] reserves the right to modify these Terms at any time by posting an updated version on this page. You should visit this page periodically to review any updates. Your continued use of the [Platform] signifies acceptance of the updated Terms.

Use of the [Platform]

The [Platform] includes any websites, mobile apps, and digital properties owned or controlled by [Topequator]. Users must be 13 years or older to access the [Platform]. Users under 18 or under the age of majority as defined by their jurisdiction must use the [Platform] under the supervision of a parent, legal guardian, or another responsible adult. All content, including text, graphics, logos, and software on the [Platform], is the exclusive property of [Topequator] and protected by copyright and intellectual property laws.

When You register on the [Platform], You are required to provide accurate and complete information, such as your name, email address, and other necessary details

  • Profile Creation: Job Seekers may create profiles ("Profiles") that contain personal information. Profiles can be set to public or private at the User's discretion. You are responsible for ensuring the accuracy of the information in your Profile.
  • Account Security: You are responsible for maintaining the security of your account information, including your login credentials. Sharing your account or password with others is not permitted. If unauthorized use of your account occurs, You must notify [Topequator] immediately.

2. Use of [Topequator] Content

[Topequator] grants You a limited, non-exclusive, non-transferable license to access and use the content and services available on the [Platform] for personal, non-commercial purposes, subject to these Terms. The content includes text, graphics, logos, images, data, audio, video, and software (collectively, "Content"). All Content is protected by copyright, and You may not reproduce, modify, distribute, or use the Content for any public or commercial purpose.
You may not reverse-engineer or decompile any of the software associated with the [Platform] or attempt to discover any source code.

3. Use of [Topequator] Services

The services provided by [Topequator] ("Services") include but are not limited to, job postings, resume databases, and professional networking tools. The Services allow Employers to post job opportunities and Job Seekers to search for jobs and create resumes.
Employers may be subject to additional agreements, such as Master Services Agreements, Sales Orders, or other contracts. In the case of a conflict between these Terms and an Employer's contract, the contract’s terms shall prevail.

  • Responsibility: You are responsible for the accuracy and legality of any content or information provided through the [Platform]. You must not use the [Platform] to post unlawful, defamatory, or inappropriate content, and all Users must comply with applicable local, state, national, and international laws.
  • Prohibited Actions: You agree not to:
    • Upload or distribute unlawful, defamatory, obscene, or harmful content.
    • Use automated systems such as robots, spiders, or data mining tools to extract data from the [Platform].
    • Distribute viruses or harmful software
    • Attempt to access unauthorized data or breach the [Platform]'s security measures.
    • Post misleading or false information or create multiple accounts without authorization

Violating these rules may result in suspension or termination of your account, and [Topequator] reserves the right to take legal action if necessary.

4. Additional Terms for Employers

Employers using the [Platform] must comply with the following additional terms:

  • Job Postings: All job ads must comply with applicable labor laws, equal employment opportunity standards, and data privacy regulations. Employers may not post misleading or false information or require irrelevant qualifications.
  • Use of Resume Database: Employers may access the resume database only for employment purposes. Employers may not share login credentials or use personal data for marketing purposes. Employers agree to use candidate information in compliance with all applicable privacy laws.
  • Account Management: If an Employer’s account is terminated, all information related to that account, including resumes, saved profiles, and job postings, may be deleted. [Topequator] reserves the right to limit email communications from Employers to Job Seekers.

Employers who violate these terms may have their accounts suspended or terminated without prior notice.

5. Additional Terms for Job Seekers

Job Seekers are responsible for maintaining the accuracy of the information in their resumes and profiles. You should not share sensitive information, such as social security numbers, credit card details, or bank account numbers, in your job applications or profiles. be compensated by employers who post Job Ads, helping keep Top Equator job search free for Job Seekers, all Job Ads are considered advertising.

  • Third-Party Job Ads: Job Seekers understand that [Topequator] does not control the accuracy or content of job postings, which are created by third-party Employers. [Topequator] does not guarantee the validity of any job ad posted on the [Platform].
  • Account Deactivation: If You delete your account, all information, including resumes and cover letters, may be deleted from the database. However, some Employers may retain copies of your information for their records.

6. User-Generated Content and Submissions

All content submitted by Users, including resumes, job postings, and messages ("User Content"), remains the sole responsibility of the User who submitted it. By submitting content to the [Platform], You grant [Topequator] a worldwide, non-exclusive, royalty-free license to use, display, distribute, and modify the content in connection with the operation of the [Platform].

  • Prohibited User Content: You agree not to submit content that:
    • Promotes racism, hatred, or physical harm.
    • Is abusive, defamatory, or violates any intellectual property rights.
    • Solicits personal information from individuals under the age of 18.
    • Promotes pirated software, music, or media.

[Topequator] reserves the right to remove any User Content that violates these Terms

7. Copyright and Trademark Infringement

If You believe that any content on the [Topequator] platform violates your copyright, trademark, or any other intellectual property rights, You are required to notify [Topequator] by submitting a written notice to our designated agent at [Insert Contact Information]. Your notification should include the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
  • A description of the copyrighted work or trademark that You claim has been infringed, including the location of the material on the [Platform] (providing URLs is helpful).
  • Your contact information, including an address, telephone number, and email address.
  • A statement that You have a good faith belief that the use of the content is not authorized by the intellectual property owner, its agent, or the law.
  • A statement, under penalty of perjury, that the information in Your notice is accurate, and that You are the owner or authorized to act on behalf of the owner of the copyrighted work or intellectual property.

Upon receiving such a notice, [Topequator] may take appropriate actions, including removing the allegedly infringing content or disabling access to it. We also reserve the right to terminate the accounts of repeat infringers, as deemed appropriate under our policies.

8. Limitation of Liability

To the maximum extent permitted by law, [Topequator] will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising from:

  • The use or the inability to use the [Platform] or the services.
  • The cost of procurement of substitute goods or services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into through the [Platform].
  • Unauthorized access to or alteration of your transmissions or data.
  • Statements or conduct of any third party on the [Platform].
  • Any other matter relating to the [Platform] or its services

[Topequator]’s liability for any claim arising out of or related to the use of the [Platform], regardless of the form of the action, will not exceed the amount You paid (if any) to access the [Platform]. This limitation applies regardless of whether [Topequator] was advised of the possibility of such damages.

9. Governing Law and Dispute Resolution

These Terms are governed by and will be construed in accordance with the laws of the State of [Texas], without regard to its conflict of law principles. Any dispute arising from or related to these Terms or the use of the [Platform] must be submitted to binding arbitration under the rules of the American Arbitration Association (AAA) in [Texas].

Arbitration Process: The arbitration will be conducted in [Texas], and judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator’s decision will be final, and the arbitrator will have the authority to award legal and equitable relief, including attorney fees and costs.
Both parties agree that disputes will be resolved through arbitration, not through a court or jury trial. However, if either party seeks equitable relief, such as an injunction to protect intellectual property rights, that party may proceed with a court action in [Texas].

10. Disclaimer of Warranties

The [Platform] and its services are provided "as is" and "as available," without warranties of any kind, either express or implied. To the fullest extent permitted under applicable law, [Topequator] disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from a course of performance, dealing, or trade usage.

[Topequator] does not guarantee that:

  • The [Platform] or its services will be uninterrupted, secure, or error-free.
  • The content provided through the [Platform] is accurate, complete, or current.
  • Any defects in the [Platform] will be corrected.
  • The [Platform] or its server will be free of viruses or other harmful components.

Your use of the [Platform] is at your own risk. [Topequator] is not responsible for any damage to your computer system, data loss, or any other consequence of accessing or downloading any material from the [Platform].

11. Termination

These Terms remain in effect while You are using the [Platform] and its services. [Topequator] reserves the right to terminate or suspend Your account, access to the [Platform], or use of the services at any time, for any reason, including but not limited to, violation of these Terms.

If your account is terminated:

  • You will no longer have access to your account or the services provided by the [Platform].
  • All data, files, and information associated with your account may be deleted permanently.
  • You will still be bound by the provisions of these Terms that survive termination, including those related to intellectual property, limitation of liability, governing law, and dispute resolution.

Termination of your account does not entitle you to any refunds, credits, or compensation.

12. Mobile Services

By accessing the [Platform] via a mobile device, You acknowledge that standard data and messaging rates, as set by your mobile carrier, may apply. These charges are Your responsibility, and [Topequator] will not be liable for any data or messaging charges that result from the use of the [Platform].

The [Platform] may send notifications, alerts, and messages to your mobile device based on your preferences. You can control or disable these notifications through your account settings or by following instructions provided in the notifications themselves.

If you change or deactivate your mobile number, you must promptly update your account information to ensure that [Topequator] does not send messages to the person who acquires your old number.

13. Privacy Policy

By using the [Platform], You agree to the collection, use, and sharing of your personal data as described in the [Topequator] Privacy Policy. The Privacy Policy is designed to explain how [Topequator] collects and processes your data, including the use of cookies and third-party analytics tools.

  • Data Collection: When you register on the [Platform] or use the services, [Topequator] may collect personal information such as your name, email address, location, resume details, and employment history.
  • Use of Information: [Topequator] uses your information to deliver and improve the services, communicate with you, send job recommendations, and provide customer support.
  • Sharing Information: [Topequator] may share your information with third-party service providers, partners, or affiliates for business purposes, such as processing job applications, managing accounts, or improving services.
  • Data Security: [Topequator] uses industry-standard security measures to protect your information. However, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while [Topequator] strives to use commercially acceptable means to protect your personal data, it cannot guarantee absolute security.

Please review the Privacy Policy regularly, as it is incorporated into these Terms by reference.

14. Third-Party Links and Advertisements

The [Platform] may contain links to third-party websites or services, and display advertisements from third-party companies. These third-party websites, services, or ads are provided for your convenience and do not imply any endorsement, approval, or responsibility on behalf of [Topequator].

  • Third-Party Websites: When you click on a third-party link, you will be redirected to their website, which is subject to their own terms and conditions. [Topequator] does not control or monitor the content, practices, or policies of these third-party sites, and is not responsible for any harm or loss that may result from your interaction with them
  • Advertisements: Third-party advertisers may deliver ads through the [Platform] based on your interests. These advertisers may use cookies or other tracking technologies to gather information about your browsing habits. [Topequator] is not responsible for the accuracy or legality of the products, services, or promotions offered by third-party advertisers.

By using the [Platform], you agree that [Topequator] is not liable for any issues, damages, or disputes that arise from your interactions with third-party sites or advertisements.

15. Indemnification

You agree to indemnify, defend, and hold harmless [Topequator], its affiliates, subsidiaries, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses, including reasonable attorney's fees, arising from or related to:

  • Your use of the [Platform] or services.
  • Any violation of these Terms.
  • Any User Content you submit or post on the [Platform].
  • Any breach of applicable laws or regulations by you.

[Topequator] reserves the right to assume exclusive defense and control of any matter for which you are required to indemnify [Topequator], and you agree to cooperate with [Topequator] in asserting any available defenses.

16. Data Protection and Security

[Topequator] takes data protection seriously and has implemented measures to ensure the safety and security of your personal information. We follow industry standards to protect your data from unauthorized access, disclosure, alteration, or destruction terms and conditions apply to everyone who accesses or uses any part of the Site, or attempts to do so, or otherwise accepts this Agreement.

  • Encryption: Sensitive data, such as passwords and personal details, are encrypted using modern encryption standards.
  • Access Control: Access to your data is limited to authorized personnel who require access to perform specific tasks, such as customer support or account management.
  • Data Retention: We retain your personal information for as long as necessary to fulfill the purposes outlined in the Privacy Policy, or as required by law.

However, no security system is foolproof, and [Topequator] cannot guarantee the absolute security of your information. By using the [Platform], you acknowledge that there is some inherent risk in transmitting information over the internet.

17. Confidentiality

As a User of the [Platform], You agree to maintain the confidentiality of any proprietary, confidential, or sensitive information you encounter while using the services. This includes but is not limited to, business information, trade secrets, and intellectual property of [Topequator] or other Users.

You are prohibited from sharing, distributing, or using any confidential information for purposes other than those expressly permitted by [Topequator].

Violations of confidentiality may result in legal action and termination of your account.

18. Modifications and Updates

[Topequator] reserves the right to modify, amend, or update these Terms at any time. If significant changes are made, You will be notified either via email or by an announcement on the [Platform].

  • Version Control: It is your responsibility to review the Terms regularly. Continued use of the [Platform] after any modifications constitutes your acceptance of the new Terms.
  • Version Control: Updates to the Terms will be noted at the bottom of the document with an “Effective Date” and “Last Updated” date

If you do not agree to the updated Terms, you must stop using the [Platform].

19. Force Majeure

[Topequator] will not be held responsible for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control. These events include but are not limited to:

  • Natural disasters (earthquakes, floods, hurricanes).
  • Acts of war, terrorism, or civil unrest.
  • Government orders or regulations
  • Labor strikes or shortages.
  • Power outages or disruptions in telecommunications.

During the period of a Force Majeure event, [Topequator]'s obligations will be suspended. [Topequator] will make every effort to resume normal operations as soon as possible.

20. Entire Agreement

These Terms, together with the Privacy Policy and any additional agreements or contracts you may have with [Topequator], constitute the entire agreement between You and [Topequator] regarding the use of the [Platform].

No other agreements, written or oral, will have any effect unless explicitly stated in these Terms or agreed to in writing by both parties.

If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

Effective Date: []
Last Updated: []

Introduction to the Terms and Agreement

This document, hereinafter referred to as the “Agreement,” outlines the terms and conditions (the "Terms") that govern your access and usage of the website www.topequator.ai and its associated web application "topequator" (collectively referred to as the "Platform" or "Topequator Platform"). The Platform is managed and operated by Topequator (India) Private Limited, a company incorporated under the Companies Act, 1956, and continuing under the Companies Act, 2013. The company bears the Corporate Identification Number (CIN) [] and has its registered office located at [], India.

By using this Platform, you confirm that you have read, understood, and agree to be bound by the provisions outlined in this Agreement, including the Platform’s Privacy Policy. If you do not agree with these Terms, please discontinue using the Platform.

Legal Basis for the Terms

These Terms are a legally binding document and an electronic record generated under the Information Technology Act, 2000, and rules enacted under it. This document does not require physical or digital signatures and serves as a contract between you and Topequator (India) Private Limited. It has been published in compliance with Rule 3 of the Information Technology (Intermediary Guidelines) Rules, 2011, which mandate the exercise of due diligence for accessing or using any platform.

Acceptance of Terms of Use

The Terms govern your use and access to the Platform and the services provided by Topequator. It is essential that you read these Terms carefully before engaging with the Platform. By accessing, downloading, installing, or using the Platform, you agree to the Terms as laid out in this Agreement, including but not limited to, the Privacy Policy, and any other policies, rules, or guidelines as applicable to the services provided through the Platform

If you do not accept any part of these Terms, please refrain from accessing the Platform or using its services. The continued use of the Platform signifies that you have read, acknowledged, and consented to the Agreement and the associated policies.

Platform Services and Terms of Use

These Terms apply to any individual or entity using the Platform (hereafter referred to as "User"). Users include both individuals and businesses who use the Platform to avail services like job postings, resume databases, and other career-related services. The Platform also facilitates professional networking and enables interactions between employers, job seekers, investors, incubators, accelerators, and other parties involved in the startup ecosystem.

Definitions

  • 1. Accelerators: Organizations that offer mentorship, resources, and financial investments to startup businesses enrolled in their programs.
  • 2. Employer: Users who utilize the Platform for job postings, candidate searches, or recruitment services.
  • 3. Intellectual Property: All proprietary content and innovations, including patents, source code, technical know-how, trademarks, logos, designs, and any other content owned by Topequator or made available to its users through the Platform.
  • 4. Incubators: Entities that provide start-up companies with support in the form of office space, mentorship, and resources to grow.
  • 5. Investors: Entities that provide funding or capital investment in startup businesses
  • 6. Jobseekers: Individuals registered on the Platform seeking job opportunities.
  • 7. Mentors: Experts who provide advice and guidance to businesses or individuals using the Platform.
  • 8. Minor: Any person under the age of 18 years.
  • 9. Personally Identifiable Information (PII): Data or a combination of data that can be used to identify a specific individual.
  • 10. Privacy Policy: The company’s policy governing the collection, use, and storage of personal information, as detailed under Section [20] of this Agreement.
  • 11. Professional Networking: The service enabling Employers and Jobseekers to interact for career and job-related purposes through the Platform.
  • 12. Services: Includes but is not limited to job postings, career services, resume access, video services, startup support, and assessment tools, as detailed in Section [1.12].
  • 13. Third Party: Any external organization, including banks or service providers, utilized by the Platform for delivering services to users.

Use of the Platform

The services offered by the Platform are to be used solely for their intended purpose, which includes career-related networking, job search, recruitment, and startup-related services. Users are prohibited from copying, reproducing, or distributing any content or services provided by the Platform without authorization from Topequator. Any misuse or unauthorized use of the Platform may lead to suspension or termination of services and legal action for damages.

  • Access to Services: Users must not engage in activities that disrupt, harm, or misuse the Platform or its services. Any use of bots, data mining tools, or unauthorized access to other users’ accounts or data is strictly prohibited.
  • User Responsibility: Users are solely responsible for the accuracy of the information they provide on the Platform, whether during registration or use of the services. The company is not liable for any consequences resulting from inaccurate or incomplete information.

Privacy and Data Protection

Topequator is committed to protecting user privacy and complies with applicable laws regarding data protection. Any Personally Identifiable Information (PII) collected by the Platform will be processed according to the Platform’s Privacy Policy. Users must read and understand the Privacy Policy, as it explains how data is collected, used, shared, and stored.

  • Consent to Data Use: By using the Platform, you consent to the use of your personal data as outlined in the Privacy Policy.
  • Sharing of Information: PII will not be shared with third parties without the user’s consent unless required for the provision of services, or as mandated by law or legal process.
  • Security: The Platform implements industry-standard security measures to protect personal data, but cannot guarantee complete protection against unauthorized access or breaches.

User Account and Security

When registering on the Platform, users must provide accurate and up-to-date information. Upon successful registration, users will receive login credentials, including a username and password, which they must keep confidential. Users are responsible for all activities conducted under their account and must immediately notify the company of any unauthorized access or security breaches

  • Account Management: Users must keep their login credentials secure and refrain from sharing them with others. Any unauthorized use of an account may lead to suspension of access or legal consequences.

Intellectual Property Rights

All content, trademarks, logos, and software on the Platform are the exclusive property of Topequator (India) Private Limited. Users are granted a limited, non-exclusive license to access and use the Platform for personal and business purposes as specified in these Terms. Unauthorized reproduction, distribution, or modification of any content is strictly prohibited.

  • Proprietary Rights: Intellectual Property rights extend to all proprietary content, processes, software, designs, patents, and know-how owned or licensed by the company. Users must not engage in any activity that infringes on these rights.

Payment and Refund Policy

Certain services on the Platform, including premium features or job postings, may require payment. Once paid, the fees for services are non-refundable unless otherwise stated. The Platform reserves the right to modify the prices or services at any time.

  • Refund Policy: Payments for services are generally non-refundable. However, if an exception is made, any refunds will be issued at the sole discretion of the company.

Termination of Services

Topequator reserves the right to suspend or terminate access to the Platform for users who violate these Terms, misuse services, or engage in any unauthorized activities. In the event of termination, users must cease all use of the Platform and delete any materials obtained from the Platform.

Limitation of Liability

Topequator (India) Private Limited, its directors, employees, affiliates, and partners are not liable for any damages resulting from the use or inability to use the Platform, including but not limited to, loss of data, loss of job opportunities, or business interruption.

Dispute Resolution and Governing Law

All disputes arising from this Agreement shall be governed by the laws of [Jurisdiction]. The courts located in [Jurisdiction] shall have exclusive jurisdiction over any disputes.

Changes and Modifications

Topequator reserves the right to modify or update these Terms at any time. Users will be notified of significant changes, and continued use of the Platform after such modifications will constitute acceptance of the updated Terms. Users are encouraged to review the Terms periodically for any updates.

This Agreement represents the entire understanding between you and Topequator regarding the use of the Platform. By accessing the Platform, you agree to the Terms laid out in this document, along with any additional policies referenced herein.