TeamEx Terms of Use
- Published
- Effective
- Version
- 1.0
These Terms of Use are an agreement between you and TeamEx Inc., a Delaware corporation ("TeamEx"), and govern your use of the Platform. By creating an Account or using the Platform you accept them (Section 2).
1. Definitions
These Terms of Use (the Terms) use the following defined terms, which also apply in the Client Service Agreement, the Experts Agreement, the Privacy Policy, the AI & Verification Notice and each Engagement Order.
- Platform means the TeamEx websites (teamex.ai and all of its subdomains and pages), applications, tools and related services TeamEx makes available.
- TeamEx, we or us means TeamEx Inc., a Delaware corporation, with its notice address at 332 S Michigan Ave, Suite 121 #5233, Chicago, IL 60604, the operator of the Platform.
- Client means a business holding an Account to find, hire or engage Experts through the Platform.
- Expert means an individual holding an Account to be interviewed by TeamEx and introduced to Clients.
- User means a Client or an Expert; Visitor means a person who uses the Platform without an Account.
- Account means a User's registered Platform account.
- Profile means an Expert's Platform profile and everything TeamEx shows on it, shown to Clients anonymously until Introduction.
- TeamEx Interviews means the recorded video interviews that TeamEx personnel conduct with an Expert to verify the information the Expert provides and to collect information about the Expert's experience, skills and way of working, as described in the AI & Verification Notice.
- Connected Sources means the accounts, pages, repositories and other sources an Expert chooses to connect to their Profile for TeamEx to read, limited to what is publicly available there or what the Expert chooses to make available, and any tool TeamEx provides that an Expert chooses to run against their own work.
- Content means text, images, video, audio, code, links and other material, including material a User submits to the Platform.
- Engagement means a Direct Hire (a Client hiring an Expert directly as employee or contractor) or a Contract Engagement (an Expert providing services to a Client through a contractor-of-record provider under the Client Service Agreement).
- AI Tools means the machine-learning and language-model systems TeamEx uses to help build Profiles, run search and review engagement reporting, as described in the AI & Verification Notice.
- Client Service Agreement means the agreement between TeamEx and each Client governing Introductions, Engagements, fees and Engagement Orders.
- Experts Agreement means the agreement between TeamEx and each Expert governing the TeamEx Interviews, the Profile, Introductions and the Expert's relationships with TeamEx and Clients.
2. Acceptance and eligibility
2.1 The Terms bind you and TeamEx. You accept them by ticking the acceptance box when you create an Account or, for public pages visited without an Account, by continuing to use them. If you do not agree, do not use the Platform.
2.2 You must be at least 18 years old. We do not knowingly collect personal information from anyone younger and will delete it if we learn we have.
2.3 Client Accounts are for businesses. By creating one you represent that you act for a business entity and have authority to bind it, and "you" means that entity. Each person using a Client Account accepts the Terms individually.
2.4 Expert Accounts are for individuals acting in their own name, not for another person or through an agency.
2.5 You may not use the Platform if you are a person, or located in a territory, subject to United States sanctions that prohibit the dealing, or if we previously closed your Account.
3. Other TeamEx documents
3.1 The Terms govern use of the Platform by everyone and set no fee, deposit, guarantee, conversion or engagement term; those are in the Client Service Agreement.
3.2 The Privacy Policy and the AI & Verification Notice are informational notices that the Terms point to but do not incorporate as contract terms.
3.3 Order of precedence. For Clients, if these documents conflict, they apply in this order: (1) the Engagement Order, for its designed fields and Special terms only; (2) the Client Service Agreement; (3) Exhibit B to the Client Service Agreement (Data Processing Addendum), which controls on the processing of personal information between the Client and TeamEx; (4) Exhibit A to the Client Service Agreement; (5) the Terms of Use, for use of the Platform. For Experts: (1) the Expert Engagement Confirmation, for its designed fields and Special terms only; (2) the Experts Agreement; (3) the Terms of Use. For Visitors, the Terms alone apply. Nothing in the Terms reduces a right the Client Service Agreement or the Experts Agreement gives you.
4. Accounts
4.1 You must give accurate, current information when you register and keep it accurate.
4.2 You are responsible for everything done through your Account. Keep your credentials confidential and notify us under Section 20 promptly of suspected unauthorized use; we are not liable for loss caused by use of your credentials before we receive that notice.
4.3 A Client is responsible for each authorized user under its Account and must remove users who leave its business. Each Expert may hold one Account; we may close duplicate or shared Accounts.
5. TeamEx's role
5.1 TeamEx operates a search engine that founders use to find and hire engineers: Experts register, create a Profile and connect information sources; TeamEx interviews them in the TeamEx Interviews, reads the information sources they connect, and builds their Profile; Clients search, send Interview Requests, interview Experts directly and hire. TeamEx does not employ, contract, pay, direct or supervise Experts and is not a staffing agency, employer of record, employer, joint employer, payroll provider or money transmitter; compensation is negotiated directly between Client and Expert.
5.2 Nothing on a Profile is a background check, a consumer report or a representation about any person's future performance, credentials, work authorization or suitability; TeamEx runs no criminal, credit or background checks.
6. Acceptable use
6.1 You may use the Platform only for its intended purposes: Clients to evaluate and engage Experts for roles at their own business; Experts to be interviewed and introduced; Visitors to learn about TeamEx.
6.2 You must not:
(a) copy, download, screenshot, record, export or store Profiles or other information about an Expert outside the Platform, except a Client's internal notes about an Expert it is evaluating;
(b) use automated means to access or collect Content, or exceed any access limit we set;
(c) attempt to identify an Expert whose identity has not been revealed to you, including by matching Profile information to public information or asking others to do so;
(d) contact an Expert outside the Platform before an Introduction with that Expert, or use an Introduction for any purpose other than evaluating the Expert for a role at your business;
(e) share an Expert's identity, Profile or job-seeking status with anyone outside your business, including the Expert's current or former employer;
(f) use Content from the Platform, including Profiles and AI Tool outputs, to train, fine-tune, evaluate or improve any machine-learning model, or to build a database, directory or competing service;
(g) write search criteria, filters or queries based on, or operating as a proxy for, a characteristic protected under applicable law, including citizenship or immigration status;
(h) submit information that is false, misleading or not yours to share, or impersonate any person or business;
(i) upload malware, probe or test the security of the Platform, reverse engineer or decompile it, or interfere with its operation;
(j) harass, threaten or discriminate against any person, or send unsolicited commercial messages;
(k) recruit for a third party, operate as an agency or resell access without our written agreement;
(l) circumvent any fee owed under the Client Service Agreement, or help anyone else do so; or
(m) violate any law or any other TeamEx document you have accepted.
6.3 We may investigate suspected violations, remove Content, decline or neutralize a search criterion or filter, and preserve and disclose information where the law requires or where we reasonably believe it necessary to protect a person or enforce the Terms.
7. Expert anonymity and information
7.1 Before an Introduction, a Client sees a Profile in anonymous form only: no name, photo, current employer or contact details, and the intro video blurred and anonymized with the name cut. On Introduction, the Expert's identity, contact details and intro video are revealed to the requesting Client only. An Expert names their current employer in the Profile, and that employer cannot see the Profile. Anonymity reduces but cannot eliminate the chance that someone infers an Expert's identity. Sections 6.2(a) through (f) apply to everything a person sees on a Profile, before and after Introduction, including an Expert's public links, and survive that person's use of the Platform.
7.2 Information about an Expert obtained through the Platform is TeamEx's confidential information and the Expert's personal information. A Client may use it only to evaluate and work with that Expert, may share it only internally with people involved in that decision, must not export it to any third party or applicant-tracking system, and must delete it on our request or when the evaluation ends, except as the Client Service Agreement allows.
7.3 An Expert's decision to decline an Interview Request is not explained to the Client, who must not ask the Expert or TeamEx for the reason.
8. Intellectual property and copyright complaints
8.1 The Platform, its software, design, methods, aggregated and de-identified data, and the TeamEx name and logos are owned by TeamEx or its licensors. We reserve all rights not expressly granted.
8.2 Subject to your compliance with the Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Platform for the purposes in Section 6.1, ending when your access ends.
8.3 You keep ownership of Content you submit. You grant TeamEx a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, reformat, anonymize, summarize, display and distribute it to operate, provide, protect and improve the Platform and to perform the Client Service Agreement or the Experts Agreement with you, including displaying an Expert's anonymous Profile to Clients, with the intro video blurred and anonymized, and the identified Profile after Introduction. This license excludes training machine-learning models on Content that identifies you; our training position is stated in the AI & Verification Notice and the Privacy Policy and changes only with the notice and consent they describe.
8.4 You represent that you have the rights needed to grant the license in Section 8.3 and that your Content does not infringe anyone's rights or violate law. We may remove Content we believe violates the Terms, and may continue to use de-identified and aggregated data derived from your Content after your Account closes.
8.5 You assign to TeamEx all right, title and interest in feedback you give us about the Platform, and we may use it without restriction or compensation. Feedback does not include personal information.
8.6 If you believe Content on the Platform infringes a copyright you own or control, email legal@teamex.ai with: the work infringed; where the material appears; your name, address and email; and a statement that you have a good-faith belief the use is not authorized and that your notice is accurate. We review each notice, remove or disable material we find infringing, and tell the User who supplied it, who may respond with evidence of their rights. A person who knowingly sends a false notice may be liable for the harm it causes.
9. AI Tools
9.1 TeamEx uses AI Tools to help build Profiles from the TeamEx Interviews and from Connected Sources, to run search and the criteria a Client writes, and to review whether engagements are reported, as the AI & Verification Notice describes from time to time.
9.2 AI Tools do not remove any Expert from search results, decline an Expert, recommend a hire or make any hiring decision. Clients decide whom to contact, interview and hire.
9.3 AI Tool outputs may be incomplete or inaccurate. You must not treat a search result, a criteria indication or any Profile item as a determination of any person's qualifications, or use an AI Tool output as the sole basis for any decision about a person. Clients are responsible for complying with every law governing their own use of automated tools in employment decisions, including notice, bias-audit, record-keeping, accommodation and adverse-action requirements.
10. What is checked and what is not
10.1 Items on a Profile marked as checked in a TeamEx Interview were checked by TeamEx personnel in a TeamEx Interview, against the documents, profiles and other information the Expert presented, on the date shown: the Expert's identity and work history, whether the Expert states a US work permit and chose to show supporting documents, and whether the Expert states having worked with US-based teams. The US work permit item is the Expert's own statement, not a determination of immigration status or employment eligibility, and may not be used to exclude an Expert by citizenship or immigration status.
10.2 Information taken from a Connected Source is shown with its source and date and is not individually checked by TeamEx. Information the Expert enters in the Profile, including salary expectation, is the Expert's own statement unless marked as checked.
10.3 A checked item means only that TeamEx personnel made that check, by the method stated, on the date shown. It is not a background check, reference check, credential check or consumer report, and not a representation about any person's future performance or suitability. Clients remain responsible for their own interviews, diligence and employment-eligibility process. The AI & Verification Notice explains each mark on a Profile.
11. Suspension and termination
11.1 We may decline, suspend, limit or end any person's access to or participation in the Platform at any time, for any lawful reason or for no stated reason, with or without notice, and without an obligation to explain.
11.2 Section 11.1 is subject to applicable anti-discrimination law and to any right to an explanation the law gives you for a decision substantially driven by automated tools. Decisions to decline or end an Expert's participation are made by TeamEx people, not by AI Tools.
11.3 If your access ends for your breach, no refund is owed and amounts you owe remain payable.
11.4 You may close your Account at any time through the Platform or by notice under Section 20. Closing an Account does not end an Engagement Order, a payment obligation or a Protection Period under the Client Service Agreement or the Experts Agreement.
11.5 Sections 1, 3.3, 6, 7, 8, 9.3, 10, 11.3 through 11.5 and 12 through 20 survive the end of your access.
12. Disclaimers
12.1 THE PLATFORM, INCLUDING ALL PROFILES, AI TOOL OUTPUTS, RECORDINGS AND CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEAMEX DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. TEAMEX DOES NOT WARRANT THAT ANY EXPERT WILL BE AVAILABLE, QUALIFIED, AUTHORIZED TO WORK OR SUITABLE OR WILL ACCEPT ANY INTRODUCTION OR OFFER; THAT ANY CLIENT WILL CONTACT, INTERVIEW OR HIRE ANY EXPERT; THAT ANY PROFILE ITEM OR AI TOOL OUTPUT IS COMPLETE OR ACCURATE; OR THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR FREE FROM HARMFUL COMPONENTS OR UNAUTHORIZED ACCESS.
12.2 Nothing in the Terms limits a right that the law of your residence gives you as a consumer or worker and does not allow you to waive, including in Mexico, Brazil, Colombia, Argentina, Chile, Peru or another country in Latin America.
13. Limitation of liability
13.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEAMEX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, OR FOR THE COST OF A HIRE OR ENGAGEMENT THAT DOES NOT WORK OUT, EVEN IF ADVISED OF THE POSSIBILITY, ARISING OUT OF OR RELATING TO THE PLATFORM OR THE TERMS.
13.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TEAMEX AND THE PERSONS LISTED IN SECTION 13.1 FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THE TERMS WILL NOT EXCEED THE GREATER OF USD 100 OR THE AMOUNTS YOU PAID TEAMEX IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; FOR AN EXPERT, USD 100.
13.3 Where a claim arises under the Client Service Agreement or the Experts Agreement, that document's limitation of liability applies instead of Section 13.2.
13.4 Sections 13.1 and 13.2 do not limit liability for death or personal injury caused by negligence, fraud, willful misconduct or any other liability the law does not allow to be limited, or a non-waivable right of a consumer or worker under the law of your residence.
13.5 Sections 12 and 13 reflect the Platform's pricing (free search, no Expert fees, fees only under the Client Service Agreement); TeamEx would not offer the Platform without them.
14. Indemnity
14.1 A Client will defend, indemnify and hold harmless TeamEx and its officers, directors, employees, contractors and agents from any third-party claim, loss, liability and reasonable attorneys' fees arising out of: (a) its search queries, criteria, filters and hiring or engagement decisions, including any claim of discrimination or of failure to give a legally required notice; (b) its use or disclosure of information about an Expert, including any attempt to identify or contact an Expert outside the Platform; (c) its recording of any Expert; (d) its classification, treatment or payment of any person it hires or engages; (e) its Content; (f) its violation of the Terms or of law; or (g) any dispute with an Expert arising from its own conduct, offer, employment or engagement of the Expert.
14.2 An Expert or Visitor will indemnify TeamEx from third-party claims arising out of false or misleading information they provided, Content that infringes another person's rights, or their violation of law or the Terms, except to the extent the law of their residence prohibits it.
14.3 We will notify you of a claim, let you control the defense with counsel reasonably acceptable to us and cooperate at your expense; you may not settle in a way that admits fault for us or binds us without our written consent, and we may take over the defense at our expense if you fail to defend diligently.
15. Disputes
This Section requires individual arbitration of most Disputes and waives class actions and jury trials; individuals may opt out under Section 15.7. If you have accepted the Client Service Agreement or the Experts Agreement, its dispute section applies instead of this one.
15.1 A Dispute is any claim between you and TeamEx arising out of or relating to the Platform or the Terms. A dispute between a Client and an Expert, or with a contractor-of-record provider, is not a Dispute unless TeamEx is a party.
15.2 Before arbitration or court, the party raising a Dispute sends the other an individualized written notice describing it and the relief sought (to TeamEx under Section 20; to you at the email on your Account), and the parties try in good faith to resolve it for 60 days. Limitation periods are tolled during that time.
15.3 An unresolved Dispute is resolved by binding individual arbitration before one arbitrator administered by the American Arbitration Association under its rules then in effect: the Commercial Rules for a business; for an individual, the Consumer Rules, or the Employment Rules where the Dispute concerns work sought or performed through the Platform. The Federal Arbitration Act governs this Section. The seat is Wilmington, Delaware, except that an individual living in the United States may choose the county where they live; hearings are by video unless the arbitrator orders otherwise. For an individual, TeamEx pays AAA filing, administrative and arbitrator fees above USD 250. The arbitrator may award any individual relief a court could, must follow applicable law and gives a reasoned written award on request; judgment may be entered in any court with jurisdiction.
15.4 Either party may bring an individual claim in small-claims court, or ask a court for a temporary restraining order or preliminary injunction to protect confidential information, intellectual property, Expert anonymity or a non-circumvention or fee obligation, and TeamEx may sue in court to collect unpaid Client fees. An individual may file a complaint with a government agency, bring in court a claim the law does not allow to be arbitrated, and elect court for a dispute relating to sexual harassment or sexual assault.
15.5 You and TeamEx each bring Disputes only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding, and each waives the right to a jury trial. The arbitrator may not consolidate claims of different persons except for the batching in Section 15.6. Only a court, not an arbitrator, may rule on this Section 15.5. If a court refuses to apply it to a claim, that claim goes to the courts named in Section 16, and no claim is ever arbitrated on a class or representative basis.
15.6 If 25 or more arbitration demands raising similar claims are filed against TeamEx by the same or coordinated counsel, the AAA Mass Arbitration Supplementary Rules apply and the demands are administered in batches of 25 in the order filed, each batch with one arbitrator and one set of filing fees; after the first batch is decided the parties mediate the rest before further batches proceed. Limitation periods are tolled for every such claimant from the first filing until their demand is heard.
15.7 An individual may opt out of arbitration by emailing legal@teamex.ai within 30 days after first accepting the Terms, with the subject line "Arbitration opt-out" and the email on the Account. An opt-out changes nothing else in the Terms, counts under the Experts Agreement too, and sends Disputes to the courts named in Section 16 without the waiver in Section 15.5.
15.8 If we change this Section after you accept the Terms, you may reject the change by emailing us within 30 days after it takes effect, and the prior version then governs Disputes that arose before the change. Arbitration is confidential except as needed to enforce an award, comply with law or bring a court action this Section allows. This Section survives the end of the Terms. If a court refuses to apply any part of it other than Section 15.5, that part is cut and the rest stands.
16. Governing law, venue and limitation period
16.1 The Terms and any Dispute are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act as to Section 15. For an individual, non-waivable consumer- and worker-protection laws of the place where you live still apply.
16.2 Subject to Section 15, the state and federal courts located in New Castle County, Delaware have exclusive jurisdiction over any Dispute that is not arbitrated, and you consent to personal jurisdiction and venue there.
16.3 To the extent the law allows, any claim arising out of the Platform or the Terms must be brought within 1 year after it arose or is permanently barred; for an individual, a statute that sets its own period for the claim prevails.
17. Changes to the Terms
17.1 We may change the Terms by posting the new version with a new Last Updated date and version number and notifying you by email or in-product notice. A material change requires re-acceptance by checkbox before you continue to use the Platform; for any other change, continued use after notice is acceptance.
17.2 A Client with an active Engagement Order receives at least 30 days' notice before a change applies to it, and no change alters the price, fees or term of an active Engagement Order. Fee terms in effect when an Introduction occurred govern any hire resulting from it.
17.3 Prior versions remain available in your Account. If you do not agree to a change, close your Account before it takes effect.
18. Electronic communications and acceptance record
18.1 You consent to receive notices, documents and other communications electronically, by email to the address on your Account or in-product, and these satisfy any requirement that a communication be in writing. If you give us a mobile number and opt in, we may also send service messages about your Account, Interview Requests, interviews and engagements by SMS or WhatsApp to that number; message and data rates may apply, you can stop at any time by replying STOP or changing your settings, and marketing messages are sent only with your separate consent. You may withdraw this consent by closing your Account; records we must give you by law will still be delivered electronically unless you request paper under Section 20.
18.2 You accept the Terms, the Client Service Agreement or the Experts Agreement, each Engagement Order and each material change by ticking an unchecked box next to a link to the document. We record the version number, timestamp, your Account identifier and IP address and place a copy of the accepted version in your Account. Such an acceptance has the same effect as a handwritten signature, and our record of it is admissible evidence of the agreement.
19. General
19.1 Entire agreement. The Terms, together with the Client Service Agreement or the Experts Agreement for the User who accepted it and any Engagement Order, are the entire agreement between you and TeamEx about the Platform and supersede prior discussions.
19.2 Assignment. You may not assign the Terms or your Account without our written consent. We may assign the Terms to an affiliate or to a successor in a merger, acquisition or sale of assets, with notice to you.
19.3 No waiver; severability. Our failure to enforce a provision is not a waiver of it. An unenforceable provision will be enforced to the maximum extent permitted and the rest of the Terms remain in effect.
19.4 Force majeure. We are not liable for failure or delay caused by events beyond our reasonable control.
19.5 Export and sanctions. You represent that you are not located in a territory subject to territory-wide United States sanctions or on a United States restricted-party list, and will not use the Platform in violation of export-control or sanctions law.
19.6 Relationship. Nothing in the Terms creates a partnership, joint venture, agency, franchise, fiduciary or employment relationship between you and TeamEx.
19.7 Language. The Terms are written in English; where a convenience translation is offered, the English version controls except where the law of your residence requires otherwise.
19.8 Interpretation. Headings are for convenience. "Including" means "including without limitation."
20. Notices
Notices to TeamEx must be sent to TeamEx Inc., 332 S Michigan Ave, Suite 121 #5233, Chicago, IL 60604, or to legal@teamex.ai. Notices to you may be sent to the email on your Account or in-product. Privacy requests follow the Privacy Policy and go to privacy@teamex.ai; copyright notices follow Section 8.6.