Last update: June 6, 2025
YOU ARE RESPONSIBLE FOR READING THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE CAREFULLY BEFORE CLICKING “ACCEPT” (IF APPLICABLE) OR OTHERWISE ACCEPTING THESE TERMS, AND BEFORE ACCESSING OR USING THE SERVICES (DEFINED BELOW). BY CLICKING “ACCEPT” (OR SIMILAR) AND/OR ACCESSING OR USING THE SERVICES, YOU CONFIRM THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS. THESE TERMS CONTAIN, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
1. Agreement and Definitions.
(a) Agreement. The following Terms of Service, together with the relevant information set out on the Services, including any features and services available (these “Terms”), are subject to the terms and conditions set forth herein. Please read them carefully as any use of the Services, whether directly through us or (if applicable) via a Third-Party Platform (as defined below), constitutes an agreement, with or without acceptance, to be bound thereby by the User (defined below). By accessing or using the Services or clicking “accept” or “agree” to these Terms, you represent: (i) that you are at least eighteen (18) years old (and in some jurisdictions, if required to enter into a contract, twenty-one (21) years old); (ii) are not prohibited by law from accessing or using the Services; (iii) you have read, understand, and agree to be bound by these Terms; and (iv) if applicable, you have authority to register as a User, and to act on its behalf.
These Terms are subject to Fonzi’s Privacy Policy, located at https://fonzi.ai/privacy, which also governs your use of the Services. In addition, each Third-Party Platform shall have his/her/its own Terms of Use (or similar), which bind all Users’ use of the Services.
Your use of the Services is also governed by the Match Day Rules. By continuing to use the Services you agree to comply with the Match Day Rules, as updated from time to time.
The parties acknowledge and agree that each User, Third-Party Platform, subsidiary, parent, and affiliate of us shall be a third-party beneficiary to these Terms and that such other persons and/or entities shall be entitled to directly enforce and rely upon any provision of these Terms which confers a benefit upon them. No other parties shall be third party beneficiaries to these Terms.
(b) Definitions.
For purposes of these Terms, the following definitions shall have the corresponding meaning. Additional definitions may appear throughout the substantive portions of these Terms.
“Candidate” means any person or entity who uses the Services to browse job openings, utilize other job-related information, apply for jobs, or interact with Fonzi’s voice-based, video-based or text based conversational AI (the “Fonzi AI”) for purposes of participating in an interview or to practice or improve interview skills.
“Dispute” means any claim, conflict, controversy, or disagreement between parties arising out of, or related in any way to, these Terms (or any terms, supplement or amendment contemplated by these Terms), including without limitation, any action in tort, contract, or otherwise, at equity or at law, or any alleged breach, further including without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation, or enforcement of these Terms or any terms or conditions contemplated by these Terms.
“Employer” means any person or entity searching for individuals to apply for and fill employment opportunities.
“Fonzi App” means any mobile or web application related to the Services designed, developed, and/or made available by us and available through the Apple App Store and Google Play store (or successor) as well as other similar third-party app delivery services.
“Fonzi Site” means the website bearing the URL https://fonzi.ai/ and all affiliated websites owned and operated by Fonzi, our subsidiaries, and related companies and/or any successor sites.
“Services” means, collectively, any and all services offered by us, including but not limited to: (i) the Fonzi Site; (ii) the Fonzi App; (iii) the Fonzi AI; and (iv) any other services or features made available by Fonzi through the Fonzi Site, Fonzi App or other services and features.
Additionally, “us,” “we,” “our,” and/or “Fonzi,” means Kumospace, Inc. (d/b/a, Fonzi.ai) and all its designated agents, employees, and subsidiaries, and “you,” and/or “User” means the user of the Services, whether as a Candidate or otherwise.
2. General.
(a) Fonzi. Fonzi, through its software-as-a-service platform, allows Candidates to browse, view and review employment opportunities (each, a “Job”), to apply for Jobs by registering and creating a User profile (“Profile”), , and to interact with the Fonzi AI for purposes of participating in an interview or to practice or improve interview skills. Fonzi does not have control over: (i) the quality, safety or legality of any aspect of any Job offered by Employers using our Services; (ii) the truth or accuracy of the information provided to us by Employers, including without limitation, information about the Employer or any Job; or (iii) the identity of any Candidate or Employer. If you rely on any of the information provided by or on the Services, you do so solely at your own risk.
You acknowledge and agree that we do not offer to hire or hire any individuals with respect to any Job.
AT NO TIME WILL AN EMPLOYER/EMPLOYEE OR PROSPECTIVE EMPLOYER/CANDIDATE RELATIONSHIP EXIST BETWEEN FONZI AND ANY CANDIDATE, UNLESS EXPRESSLY NOTED (E.G., A SITUATION IN WHICH A SPECIFIC JOB IS AS AN EMPLOYEE OF FONZI).
In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law.
(b) Service Errors. If you encounter any error in the Services, let us know at humans@fonzi.ai. We will use commercially reasonable efforts to resolve any such errors, but cannot warrant that any errors in the Services will be corrected.
(c) Changes to These Terms. Fonzi may update or revise these Terms (including any related policies) from time to time at its sole discretion and without limitation upon notice via posting to the Services and/or the e-mailing of a notice to our registered Users. You agree that you will review these Terms periodically. You are free to decide whether or not to accept a modified version of these Terms, but accepting these Terms, as modified, is required for you to continue using the Services. You may have to click “accept”, “agree”, or similar form of assent to show your acceptance of any modified version of these Terms. If you do not agree to the terms of these Terms or any modified version of these Terms, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to the Services. Except as otherwise expressly stated by Fonzi, any use of the Services is subject to the version of these Terms in effect at the time of such use.
(d) Changes to the Services. We may modify, add to, suspend, or delete any aspect of the Services, in whole or in part, at our sole discretion at any time, with such modifications, additions, or deletions being immediately effective. Such modifications, additions, or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use. If you do not agree to such modifications to the Services, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to the Services.
(e) Availability. Although we try to make the Services available 24/7 (excluding scheduled downtime), we do not warrant that the Services will always be available. Use of the Services requires internet access through your computer, mobile device, tablet or other internet-accessible device as allowed by Fonzi. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Fonzi does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the Fonzi Site, and some features and portions of the Services may not be accessible with JavaScript disabled.
(f) Right to Refuse Service and Terminate Accounts. We reserve the right to refuse to provide access to the Services for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel a User’s account and ability to use the Services for any reason whatsoever. In the event that we make a change to or cancel a User account, we may attempt to notify you by contacting the e-mail address or mobile telephone number provided at the time your Profile was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the account termination.
(g) Prohibited Uses. In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Services: (i) for any unlawful purpose; (ii) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services; (iii) to violate any international or governmental regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (viii) to collect or track the personal information of others; (ix) to spam or phish any person, or spider, crawl, scrape or otherwise collect any content, including with respect to User and Jobs; (x) conduct any independent or private research or analysis (xi) interfere with or circumvent the security features of the Services; (xii) take any action that imposes or may impose (in Fonzi’s sole determination) an unreasonable or disproportionately large burden or stress on the Services or Fonzi’s technology infrastructure; (xiii) rent, lease, copy, provide access to or sublicense any portion of the Services or Fonzi Materials (as defined below) to a third party; (xiv) use any portion of the Services or Fonzi Materials to provide, or incorporate any portion of the Services or Fonzi Materials into, any product or service provided to a third party; (xv) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Fonzi); (xvi) modify any portion of the Services or Fonzi Materials or create any derivative product from any of the foregoing; (xvii) remove or obscure any proprietary or other notices contained in the Services or Fonzi Materials; or (xviii) publicly disseminate information regarding the performance of the Services or Fonzi Materials or access or use the Services or Fonzi Materials for competitive analysis or benchmarking purposes. We reserve the right to remove any content uploaded by you to the Services or to terminate your account and your use of the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive discretion.
(h) Communications with Fonzi. By creating a Candidate Profile, you electronically agree to accept and receive communications from Fonzi, Employers or third parties providing services to Fonzi, including via e-mail, text message (and similar messaging platforms (e.g., WhatsApp)), calls, in-app communications, and push notifications to the telephone number(s) and/or e-mail address(es) you provided to Fonzi. You acknowledge that standard message and data rates apply to the methods of communication that utilize the associated services. You may also receive communications generated by automatic telephone dialing systems and/or prerecorded messages sent by or on behalf of Fonzi, and/or Employers, including but not limited to communications concerning requests placed through your account on the Services. In certain circumstances, you may receive live or AI-generated telephone calls. Message and data rates may apply. You can learn more about how Fonzi may contact you by reading our Privacy Policy.
Fonzi may contact you using autodialed or prerecorded calls and text messages, or live or AI-generated calls, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) infrequently poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you. Fonzi may also contact you using autodialed or prerecorded calls and text messages, or live or AI-generated calls, for marketing purposes (e.g., offers and promotions), to which you agree by providing your mobile phone number (as specified above). Fonzi may collect other telephone numbers for you and may place manual or AI-generated non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Further, Fonzi may call you to conduct a phone screen, to coach you with respect to an impending interview, or to communicate an offer concerning a Job. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits.
If you do not wish to receive promotional e-mails, text messages or other communications from Fonzi, you may change your notification preferences by accessing Settings in your account (if available) or by following the instructions in this paragraph. If applicable, to opt out of receiving text messages from Fonzi, you must reply “STOP” from the mobile device receiving the messages. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. For purposes of clarity and if applicable, certain text messages between you and Employers are transactional text messages, not promotional text messages. To opt out of receiving e-mail messages, follow the instructions in the footer of the e-mail received from or though us. You acknowledge that opting out of receiving all communications may impact your use of the Services. Notwithstanding the foregoing, if we suspect fraud or unlawful activity on your account, Fonzi may contact you using any of the contact information you provided in connection with your Profile (including via text or voice-recorded message).
If the Services use GPS locator capabilities to identify your current location, you can disable the feature through your mobile device’s settings.
If you are experiencing problems with the messaging aspects of the Services, you can get help directly at humans@fonzi.ai.
Fonzi may share your telephone number with its authorized service providers as stated in our Privacy Policy. These service providers may contact you using autodialed or prerecorded calls and text messages, or live or AI-generated calls, only as authorized by Fonzi, to carry out the purposes identified above.
Fonzi may, without further notice or warning and in its sole discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Fonzi or its agents for quality control and training purposes, or for its own protection. Fonzi automated systems may scan and analyze the contents of every message sent through its messages platform, including messages between Users, to detect and prevent fraudulent activity or violations of these Terms, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Fonzi may store message contents, including to conduct this scanning and analysis.
(i) Other Users’ Privacy; Marketing. If Fonzi provides you with information about another User, you agree that you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a User's information to a third party for purposes unrelated to the Services. Additionally, you may not use User information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific User to do so. Fonzi may also ask you about other individuals, such as persons you previously worked with, including those who may have listed you as a reference. Your responses, if any, are at your sole discretion.
(j) Government Users. The Services constitute a “commercial item” as defined at 48 C.F.R. 2.101, the Code of Federal Regulations relating to the use of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Services with only those rights set forth therein. If you are a Government end user, please consult first with your relevant legal department prior to use in order to confirm your use is compliant with the standards and policies under the Code of Federal Regulations.
(k) Export Control. You may not use, export, or re-export any aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including without limitation, United States and foreign export laws and regulations. You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
(l) Fraudulent Actions of Users. Without limiting the generality of any other limitations on liability in these Terms, Fonzi is not liable for any losses relating to actions by any User that are deceptive, fraudulent or otherwise invalid ("Fraudulent Actions"). By using the Services, you hereby release Fonzi from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify us of any Fraudulent Actions which may affect the Services. Fonzi reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
3. Candidates.
(a) Account. Candidates may need to register for an account to use all or certain portions of the Services. If so, we may reject, or require that you change, any User ID, password or other information that you may provide to us during registration or once registered. Fonzi is not responsible for the security of and any use or misuse of your username or password. You are solely responsible to: (i) maintain the confidentiality of any account User ID and password; (ii) periodically update and revise any password; and (iii) promptly notify us if there is any unauthorized use of any account(s) or any breach of security by contacting us at humans@fonzi.ai or as set forth below. You agree that you are solely responsible for all activity undertaken utilizing your Candidate account. There is no charge for Candidates to use the Services. We reserve the right, in the future, to institute a charge for using the Service. In such case, we will notify you in accordance with these Terms. If Fonzi provides you with the ability to register for an account using your existing account and log-in credentials through certain third-party websites, that ability may change from time to time. If you log in or register utilizing any such third-party website, you acknowledge that Fonzi will receive certain information about you from such third-party website. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings with respect to your account on such third-party website.
(b) Candidate Materials. Candidates may opt to enroll in or be automatically enrolled in other Fonzi offerings designed to assist you in applying for a Job. Fonzi may require certain information, including without limitation, your résumé, name, e-mail address, phone number, work history, education, experience, pay/compensation expectations, and geographic location (the “Candidate Materials"). Once enrolled, Fonzi personnel may reach out to Candidates via the e-mail address or phone number provided, and work with a Candidate to finalize the Candidate’s Profile, as well as for other purposes to assist each Candidate in his/her use of the Services.
As a Candidate, you may be able to update your employment criteria and preferences, upload and update your résumé, receive alerts, update your availability, view the status of your application, and provide us with additional information about you. Your Candidate Materials may be viewed by Employers through the Services. Employers may have the opportunity to communicate with you directly through the Services. You may receive notification through the Services regarding an Employer’s interest in you and details about the Job. In your sole discretion, you may elect to accept or reject any interview requests. Requests for interviews by Employers through the Services do not guarantee a final job or offer, or an offer at any particular level of compensation.
By submitting, posting or displaying Candidate Materials on or through Services, you grant Fonzi a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, analyze, distribute, publish and create derivative works from such Candidate Materials through the Services. In addition, by submitting, posting or displaying Candidate Materials which is intended to be available to the general public, you grant Fonzi a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Candidate Materials for the purpose of promoting Fonzi and the Services. Fonzi will discontinue this licensed use within a commercially reasonable period after such Candidate Materials are removed from the Services. Fonzi reserves the right to refuse to accept, post, display or transmit any Candidate Materials in its sole discretion.
Candidate acknowledges that Fonzi utilizes data capture, syndication, and analysis tools, and other similar tools, to extract, compile, synthesize, and analyze data and information resulting from any User’s use of the Services including, in the case of Candidates, Candidate Materials (“Aggregated Data”). To the extent that any Aggregated Data is collected by Fonzi, such Aggregated Data shall be solely owned by Fonzi and may be used by Fonzi for any lawful business purpose without a duty of accounting to any User, provided that the Aggregated Data is used only in an aggregated form, without specifically identifying any User or other individual, and provided further that neither any User nor any other individual shall be identifiable through further analysis of the Aggregated Data.
If you are not a resident of the United States of America, you acknowledge and agree that your information, including your Candidate Materials, will be transmitted to and processed in the United States.
(c) Accuracy of Candidate Materials. You certify as to the accuracy of the Candidate Materials and in any résumé or other work history information. You understand that any misstatement of fact may cause you to be refused a Job by an Employer, to lose your job once placed with an Employer, or may result in removal of your account from the Services. You are responsible for keeping Candidate Materials accurate, complete, and up to date at all times.
(d) Other Candidate Submissions. Should you submit, display, publish or otherwise post any content in addition to Candidate Materials to an interactive portion or area of the Services (“Submissions”), you grant to us and our partners and affiliates a limited, non-exclusive, sublicensable, worldwide, fully-paid, royalty-free, perpetual license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third party. You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
(e) No Guarantee. Fonzi: (i) does not guarantee that you will receive any employment or job offers through the Services; (ii) will not be responsible for any job offers or listings, initial screenings, hiring decisions, or actual employment presented by Employers or other third parties; and (iii) is neither your employer nor your agent based solely on your usage of the Services. You must use your own judgment in evaluating any prospective employers and any related information.
(f) Communication with Employers. Any initial communication between a Candidate and any Employer must be exclusively through the Services. Further communication may only take place outside of the Services after an Employer requests an interview with a Candidate and the Candidate accepts the interview through the Services. Candidates further agree not to independently attempt to contact any Employer through any means outside the Services.
You agree to accept, rank or decline all bids within the Candidate Choice Window specified in the Match Day Rules. Failure to act may trigger the default-selection procedure described in the Rules.
(g) Investigations. You authorize Fonzi, Employers, and their respective agents to make investigations and inquiries into your work and educational history and other related matters as may be necessary in connection with the recruitment and hiring processes. If third-party vendors are used to perform such investigations/inquiries, Candidates will be provided additional disclosures and authorization forms to the extent required by applicable laws prior to a third party performing such investigations/inquiries. You release employers, schools, and other persons from all liability in responding to inquiries connected with your application for Job and you specifically authorize the release of information by any schools, businesses, individuals, services or other entities listed by you in your Candidate Materials. Additionally, Fonzi may collect other available information about you, and combine it with you Candidate materials and other information. Furthermore, you authorize Fonzi and its agents to release any reference information to Employers who request such information for purposes of evaluating your credentials, skills, and experience and you acknowledge that Employers may reach out to you directly.
(h) AEDT Notification. Fonzi may use an Automated Employment Decision Tool (“AEDT”) to assist in evaluating Candidates for Jobs. The AEDT is a software-based tool that helps assess Candidates based on specified job-related criteria. It is used to screen, rank, or recommend Candidates for Jobs. The tool is designed to support a fair hiring process by analyzing relevant qualifications and skills. You have the right to receive information about the data sources and criteria used by the AEDT in making employment decisions. You may request an alternative selection process or reasonable accommodation if you prefer not to be assessed by the AEDT. You may review a summary of the most recent bias audit conducted on this tool by contacting Fonzi at humans@fonzi.ai.
(i) Fonzi AI. If you utilize the Fonzi AI, you understand and acknowledge that the Fonzi AI and all artificial intelligence and machine learning tools are rapidly and constantly evolving. Fonzi and its third-party suppliers are constantly working to improve Fonzi AI and the Services to make them more accurate, reliable, safe, and beneficial. However, given the nature of artificial intelligence and machine learning, use of Fonzi AI and the Services may, in some situations, result in output that does not accurately reflect real people, places, or facts. When you use our Fonzi AI and the Services you understand and agree that: (i) output may not always be accurate ; (ii) you should not rely on output from Fonzi AI and/or the Services as a sole source of truth or factual information, or as a substitute for professional advice; (iii) you must evaluate output for accuracy and appropriateness for your particular purposes; (iv) you must not use any output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them; and (v) Fonzi AI and the Services may provide incomplete, incorrect, or offensive output that does not represent Fonzi’s views. If output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Fonzi, not does it mean that Fonzi endorses the third party or its products or services. You acknowledge that all artificial intelligence can exhibit biases. You agree that your use of any output, including without limitation, to suggested content generated using the Fonzi AI or the Services, is at your sole discretion. Fonzi assumes no responsibility and disclaims all liability for any actions you take based on any provided output, whether or not from or through artificial intelligence. If you wish to request a human review of any automated employment decision, email humans@fonzi.ai.
4. Intellectual Property; Privacy.
(a) Intellectual Property. These Terms permit access to and use of the Services, and you are not granted a license to any software or intellectual property by these Terms. The Services belong to us and are the exclusive property of Fonzi and its licensors (if any). All rights not expressly granted to Users through these Terms are exclusively reserved and retained by Fonzi.
Furthermore, excluding your Candidate Materials and Submissions, the Services and all material displayed or transmitted on the Services, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics (hereinafter “Service Materials”), are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws, and treaties.
Except as otherwise expressly set forth in these Terms, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Services or Service Materials, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Service Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Service Materials.
You may make a single print copy of any Service Materials provided by us on the Services for personal, non-commercial use only, provided that you do not remove or cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Service Materials. You may not archive or retain any of the Service Materials accessed through the Services without our express written permission. All requests for archiving, republication or retention of any part of the Service Materials must be in writing to us and must clearly state the purpose and manner in which the Service Materials will be used. Requests for permission to archive, retain, or republish any part of the Service Materials may be submitted to humans@fonzi.ai.
You acquire no rights or licenses whatsoever in the Service Materials other than the limited rights to use the Services in accordance with these Terms. Any Service Materials accessed or downloaded from the Services must be accessed or downloaded in accordance with these Terms.
(b) Feedback. Fonzi shall have a royalty-free, worldwide, perpetual license to use or incorporate into the Services any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by any User or on User’s behalf in connection with these Terms.
(c) Copyright Policy; DMCA Takedowns. We respect the intellectual property rights of others. If you are a copyright owner or an agent of such an owner and believe that any content or any material on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail): (i) a physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Services; (iv) information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address; (v) a statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement (or a counter-notification, if you believe your content has been wrongly removed) is:
Kumospace, inc. (d/b/a Fonzi, Inc.)
228 Park Ave S
PMB 18467
New York, New York 10003
Attn: Copyright Agent
e-mail: humans@fonzi.ai
You acknowledge that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
5. Third-Party Ads and Features.
(a) Third-Party Ads and Promotions. We may, from time to time, display ads and promotions from third parties on or through the Services. Your communications and transactions with third parties as a result of such ads or promotions, and any terms, conditions, warranties, or representations associated with such communications and transactions, are solely between you and such third party. We are not responsible or liable for any loss or damage incurred by you or any other party as the result of any such communications and transactions, or as the result of the presence of third-party advertisers on the Services.
(b) Use of Third-Party Tools and Platforms. We may provide you with access to third-party tools and integrations over which we have no control or input and which we do not monitor. Information is shared with such third parties as set forth in our Privacy Policy.
You acknowledge and agree that we provide access to such tools and integrations “as is” and “as available “without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools and integrations.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Services, including but not limited to the release of new tools. Such new features and/or services shall also be subject to these Terms.
(c) Third-Party Links. Certain content, products, and services available via the Services may include materials from third-parties. Third-party links on the Services may direct you to third-party web sites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or web sites and/or services, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party with whom you connect via the Services. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
6. Legal Disclaimers; Limitations of Liability; Indemnification.
(a) Disclaimers; Limitation of Liability. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER WE NOR OUR AFFILIATES NOR ANY RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE USE OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND ANY DOWNLOADABLE SOFTWARE, PRODUCTS, OR OTHER MATERIALS, WITHOUT LIMITATION, ARE PROVIDED ON AN “AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. FONZI DOES NOT WARRANT THAT FONZI WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. FONZI SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF FONZI. FOR THE AVOIDANCE OF DOUBT, YOU MAY HAVE OTHER STATUTORY RIGHTS, AND THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON SERVICES ARE BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR EMPLOYEES, SUBSIDIARIES, PARENTS, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, AFFILIATES, VENDORS, AND/OR OUR OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS AND OFFICERS BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH OR RELATE TO: (I) THESE TERMS; (II) ANY USE OF THE SERVICES, HARDWARE OR ACCESSORIES, MATERIALS, OR THE USER-GENERATED CONTENT; OR (III) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES). IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE FONZI SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES.
WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY UTILIZING THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE UTILIZE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT ONLY SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
THE ABOVE LIMITATIONS SHALL SURVIVE THESE TERMS AND INURE TO THE BENEFIT OF US AND OUR AFFILIATES AND RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS. YOU AND FONZI UNDERSTAND AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS IN THIS SECTION 6(a) ARE ESSENTIAL ELEMENTS OF THESE TERMS AND THAT THEY REPRESENT A REASONABLE ALLOCATION OF RISK. IN PARTICULAR, YOU UNDERSTAND THAT FONZI WOULD BE UNABLE TO MAKE THE SERVICES AVAILABLE TO YOU EXCEPT ON THESE TERMS AND AGREE THAT THESE TERMS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) Indemnification. You agree to defend, indemnify and hold us harmless, as well as our affiliates and vendors and respective directors, officers, employees, users, and agents, from and against all claims, suits, injuries, illnesses, damages, liabilities and costs, and expenses, including attorneys' fees, arising out of or related to: (i) your use of the Services; (ii) your noncompliance with or breach of these Terms; (iii) your use of third-party services, platforms, products, links, advertisements, and/or tools; (iv) your violations of any third-party rights, including third-party intellectual property rights in Candidate Materials, Submissions and feedback; and (v) the unauthorized use of the Services by any other person using your Candidate account.
(c) Release. Because User authentication on the Internet is difficult, Fonzi cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants using the Services, in the event that you have a dispute with one or more Users (including any Employer), you release Fonzi (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law. In connection with the foregoing, if you are a California resident, you hereby waive California civil code section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against Fonzi pertaining to the subject matter of this Section 6(c).
7. Governing Law; Arbitration.
(a) Governing Law. These Terms are made under and shall, together with any claims, disputes and controversies in connection herewith, be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles that provide for the application of the law of another jurisdiction. Except as otherwise expressly set forth in Section 9(b) below, the exclusive jurisdiction for all Disputes (defined below) that you and Fonzi are not required to arbitrate will be the state and federal courts located in New York County, New York. You waive all claims of lack of personal jurisdiction and forum non conveniens in such courts.
(b) Arbitration.
(i) Mandatory Arbitration of Disputes. If you are based in the United States of America, we each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. We each agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(ii) Exceptions. As limited exceptions to sub-section (i) above: (A) we both may seek to resolve a Dispute in small claims court if it qualifies; and (B) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of intellectual property rights.
(iii) Informal Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against us, you agree to try to resolve the dispute informally by sending us notice at humans@fonzi.ai with the subject heading “DISPUTE RESOLUTION NOTICE”, which notice shall include your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding pursuant to these provisions. Any statute of limitations will be tolled during the 60-day resolution process.
(iv) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
(v) Location of Arbitration. The arbitration will be conducted by telephone, based on written submissions, remote video conference, or in person in New York County or Westchester County, New York or at another mutually agreed location. The parties will pay equal shares of the arbitration fees. If the arbitrator finds that you cannot afford to pay the arbitration fees and cannot obtain a waiver, we will pay them for you. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.
(vi) Injunctive and Declaratory Relief. Except as provided in sub-section (ii) above (Exceptions), the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
(vii) Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(viii) Severability. With the exception of any of the provisions in sub-section (vii) above (Class Action Waiver), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
8. Miscellaneous.
(a) Customer Service. Should you have any questions, comments or concerns regarding the Services or these Terms, customer service may be contacted at any time as follows:
E-mail: humans@fonzi.ai
(b) Affiliate Disclosure. We may have an affiliate relationship with third-parties and affiliates to whose products and/or services we link and promote through the Services. Because of this relationship, we may earn a commission on products purchased by a User from a third-party affiliate or partnership.
(c) Authority. Each party represents and warrants to the other that it has full power and authority to enter into these Terms and that these Terms are binding upon such party and enforceable in accordance with their terms.
(d) Waiver. Any waiver of any rights under these Terms shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a party from exercising that right in the future. Unless otherwise expressly set forth herein, the rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
(e) Force Majeure. We shall not be liable for damages caused by conditions beyond our control including acts of God, government restrictions, wars, insurrections, acts of terrorism (including cyber), third party hacks and intrusions, epidemics or pandemics, and/or infectious diseases.
(f) Assignment. These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Fonzi.
(g) Rights of Third Parties. These Terms do not give any right to any third party unless explicitly stated herein.
(h) Relationship of the Parties. The parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between them. Neither party has authority to enter into terms of any kind in the name of the other party or of any third-party that may have a right pursuant to these Terms.
(i) Severability. If any part of these Terms is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
(j) Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to Fonzi, Inc., 228 Park Ave S, PMB 18467, New York, New York 10003 (or such successor address that we may publish on our website or otherwise), and in the case of any User, to the e-mail address you provide to us (either during the registration process or when your e-mail address changes). Notice shall be deemed given twenty-four (24) hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon registration. In such case, notice shall be deemed given three (3) days after the date of mailing.
(k) Construction. Words importing the singular include the plural, words importing any gender include every gender and words importing persons include entities, corporate and otherwise; and (in each case) vice versa. The section headings are for ease of reference only and shall not affect the interpretation or construction of these Terms. As used herein, the words “shall” and “will” are to be interpreted as imperative and mandatory, and not permissive. Whenever the terms “including” or “include” are used in these Terms in connection with a single item or a list of items within a particular classification (whether or not the term is followed by the phrase “but not limited to” or words of similar effect) that reference shall be interpreted to be illustrative only, and shall not be interpreted as a limitation on, or an exclusive enumeration of, the items within such classification.
(l) Entire Agreement; Survival. These Terms constitute the entire agreement between you and us regarding the use of the Services, superseding any prior agreements between you and us relating to your use of the Services. Sections that by their nature, or to give effect to their meaning, must survive expiration or termination of these Terms, shall survive any expiration or termination of these Terms.