Effective Date: September 12, 2016

Amavitae Corporation (“Amavitae”, “we” “our”, or “us”), the operator of the mobile application currently known as AMAVITAE (the “App”) and website at www.amavitae.com (the “Site”) (the App and Site and any future digital products or services developed by Amavitae are collectively referred to as the “Service”). The Service allows people to explore possible occupational options and occupational interests. The following Terms of Service (“Terms”) apply to users of the App and the visitors to the Site.

By accessing the App, Site or Service, whether or not you are a registered user of the App, Site or Service, you (you are referred to hereafter as “User”, “you” or “your”) indicated that you have read, understand and agree to be bound by these Terms of Service.

When you use our App, Site or Service, you are entering into a legal agreement and you agree to all of the terms herein.

  1. Definitions
    1. App: Refers to the Amavitae mobile application that is available at the Apple iOS Store and the Google Play Store.
    2. Site: Refers to the Amavitae website at Amavitae.com.
    3. Service: Refers to  the App, Site and any future digital products and services developed by Amavitae Corporation including, but not limited to, a version of the App that is accessible through an Internet browser.
    4. Member of Members: Refers to individuals who have registered for a user name and profile within the App with an email address and password, or who have registered for the App through Facebook or through LinkedIn.
    5. Users: Refers to individuals who access the App and its content without registering for a user name and profile.
    6. Visitor: Refers to individuals who visit the Site
    7. Assessment: Refers to the section of the App in which Members and Users answer 63 multiple choice questions accompanied by illustrations regarding their interests in a variety of subjects.
    8. Recommendations: Refers to the occupations that are presented to the Member following completion of the Assessment and registration in the App.
    9. Assessment Findings: Refers to content presented to the User or Member based on the responses they provide in the Assessment in the App. The specific screens that relate to Assessment Findings include the headings “What’s Unique About You” and “[Member Name]’s Vitae Profile.”
  2. Your Responsibilities
    1. Minimum Age CertificationTo use the Service, you agree that: (1) you meet the “Age Requirements” (defined below); and (2) you are not already restricted by Amavitae from using the Service, such as having been suspended or removed from the App, Site or Service by Amavitae.
      1. Age RequirementsAmavitae requires that all Users, Members and Visitors of the App, Site or Service meet the legal age requirements to enter into a contract as mandated by their respective countries of residence. The Service is not for use by anyone under the legal as described above whose registration has not been approved by a parent or legal guardian.By using or registering an account for the App or Site, you represent (a) You meet the age requirements above, or (b) that your parent and/or guardian has consented to your use of the App or Site; and (c) that your registration and your use of the App, Site or Service is in compliance with any and all applicable laws and regulations.
    2. Professional ConductBy accessing the App, Site or Service, you agree to reasonable standards of appropriate conduct including, but not limited to the following requirements, which you agree to abide by:
      1. You will comply with all applicable laws including, but not limited to, laws that related to privacy, intellectual property, anti-spam and other regulatory requirements.
      2. Any content you post or upload will comply with any and all existing contracts to which you are bound.
      3. You will not share your password with any third party except as allowed for in section 1.a.i. above with respect to parents and/or legal guardians of minor Members and Visitors.
      4. You will not post content which might be considered offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
      5. You will not post content, including in your profile, that is inaccurate, false or otherwise misleading.
      6. You will not post content that includes any private information or personally identifiable information of any third party.
  3. Rights and Licenses
    1. Your Ownership of Your User Content
      The App, Site and Service may include an interface through which you can post information about yourself, including your education, work experience and interests. Other information you post or upload can include resumes, photos and video content. Any information you post or upload (your “User Content”) is owned by you. Except for the license indicated below, you retain all rights to your User Content, including the information you post to your Amavitae Profile.
    2. Granting Rights to Your User Content to Amavitae
      By posting User Content to the App, Site or Service, you represent and warrant that you have a right to grant, and you do grant, Amavitae a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use your User Content. Subject to the terms of our Privacy Policy, you grant Amavitae such license to copy, display, distribute, translate, edit, and create derivative works of your User Content for the purpose of providing to you the Service.
    3. Termination of License Granted to Amavitae
      You may remove your User Content from the Site at any time, at which time the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.
    4. Feedback, Suggestions and Ideas
      The App, Site and Service may provide opportunities for Users, Visitors and Members to submit suggestions, ideas or other feedback regarding Amavitae’s products. You agree that Amavitae can use and share such feedback, suggestions and ideas if Amavitae so chooses for any purpose without compensation to you. By providing such feedback, suggestions and ideas to Amavitae, you grant Amavitae all rights, including all Intellectual Property Rights, and you hereby assign and agree to sign to Amavitae all worldwide right, title and interest in such feedback, suggestions and ideas.
  4. Copyright
    Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Amavitae has established a procedure for receiving written notification of claimed infringements. If you believe content that exists on any of our Services infringes on your copyright, contact Amavitae at support@amavitae.com. The following information must be included:

    • The signature of a person (physical or electronic) authorized to act on behalf of the owner of the copyright in question;
    • Identification of works or materials being you believe to be infringed upon (i.e., your copyrighted work);
    • Identification of the material that is claimed to be infringing. This should include information regarding the location of the infringing materials;
    • Contact information about the notifier including address, telephone number and, if available, email address;
    • A statement that the notifier has a good faith belief that the use of the material identified as infringing is not authorized by the copyright owner, its agent, or the law; and
    • A statement made under penalty of perjury that the information provided is accurate and the notifying party is either the owner of the copyright in question or is authorized to act on behalf of the copyright owner.
  5. Privacy
    When you use our App, Site or Service, you agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.
  6. Third-Party Links
    Amavitae’s App and Site contain links to other websites that are not owned or controlled by Amavitae. Third-party links within the Service are not endorsed by Amavitae, and no such endorsement is implied. Amavitae is not responsible for the content appearing on linked sites. Visitors, Users and Members who choose to leave the Service and access a third party website, do so at their own risk.
    You agree that Amavitae is not responsible for third parties’ content. You expressly relieve Amavitae from any and all liability arising from your use of any third party apps or sites that link from Amavitae’s Service, and you agree that Amavitae bears no responsibility for any damages that may arise as a result of your use or reliance on a third party app or site.
  7. Member Notices
    If you choose to register as a Member of Amavitae’s App, Site or Service, you agree that Amavitae may send notices and solicitations to you, by email at the email address you provide when registering to become a member (or which you later update in your User Profile). By default, Members of the App also consent to receive push notifications via mobile device. Members may turn off push notifications in the Settings section of the App and Service.
  8. Messaging and Contacts
    Amavitae’s App, Site and Service may allow messaging, email contacts from employers and educators and training providers, and sharing of information such as your profile and Assessment Findings. Such information may be seen by those you choose to share with across third-party social networks and communications mechanisms (such as text or email), as well as by Amavitae’s enterprise customers including employers, educational institutions and training providers. You may turn off the ability for third-party entities to contact you within the Settings section of the App or Site. However, you agree that you are solely responsible for any information you choose to share.
  9. Access Limits
    Amavitae reserves the right to limit or suspend your access to the App, Site and/or Service if, in Amavitae’s sole estimation, Amavitae believes that you have breached the terms of this Agreement, breached the law and otherwise used the App, Site or Service inappropriately.
  10. Modification to Terms
    Amavitae reserves the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time. Changes will be posted on this page and with the effective date of most recent revision marked at the top of this page. Your continued use of the App, Site or Service after any such changes constitutes your acceptance of the new Terms of Service.
  11. Disclaimers and Limits to Liability
    1. Limitations
      Under no circumstances shall Amavitae be liable to you for damages of any kind, even if Amavitae has been advised of the possibility of such damages, including but not limited to damages for lost data, due to your use of the App, Site or Service, or due to your reliance on any of the content contained on or through the App, Site or Service. These Limits to Liability shall extend fully to Amavitae, its partners, contributors, agents, employees, directors, or affiliates.
    2. No Warranty
      The App, Site and Service are made available on an “as is” and “as available” basis. Amavitae makes no warranties or representations regarding fitness of the App, Site or Service for a particular purpose or accuracy of data or content. You agree that Amavitae does not warrant or make any representations regarding the accuracy, reliability or appeal of Assessment Findings, Recommendations or any of materials or content appearing on the App, Site and Service. Further, Amavitae does do not guarantee that the services will function without interruption or errors.
    3. Indemnification
      You agree to indemnify and hold harmless Amavitae, its officers, employees, agents, subsidiaries, affiliates and any other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and professional fees, resulting from, or alleged to result from your use of the App, Site or Service, or your violation of these Terms of Service.
  12. Dispute Resolution and Jurisdiction
    These Terms of Service shall be governed by the laws of the State of California and the applicable federal laws of the United States of America. In the event of any dispute arising under, or in any way connected to use of the App, Site or Service shall be litigated exclusively in the state and federal courts residing in the State of California.
  13. Contact
    Any notices, questions or comments regarding these Terms of Service should be directed to: