Terms and Conditions

1. Eligibility and Authority

You represent and warrant that:

• You are at least eighteen (18) years old.
• You possess the legal capacity and authority to enter into these Terms.
• You will comply with all applicable laws and regulations.
• If acting on behalf of a company or organization, you are authorized to bind such entity to these Terms.

You may not use the Services if prohibited under applicable law.

2. Nature of Services

vividastra provides an online technology platform that enables employers, recruiters, staffing agencies, and job seekers to post, search, review, and exchange employment-related information.

vividastra is not:

• An employer.
• A staffing agency.
• A recruiting firm.
• A labor organization.
• An immigration consultancy.
• A law firm.
• A financial advisor.

vividastra does not participate in hiring decisions, employment relationships, compensation negotiations, or employment eligibility determinations.

3. Account Registration and Security

You agree to:

• Provide accurate, current, and complete registration information.
• Maintain the confidentiality of your credentials.
• Promptly update account information.
• Notify us immediately of suspected unauthorized use or security incidents.

You are solely responsible for all activities occurring under your account.

We reserve the right to suspend, restrict, or terminate accounts at our sole discretion for:

• Violations of these Terms.
• Fraudulent activity.
• Security concerns.
• Legal or regulatory risk.
• Abuse of the Services.

4. Acceptable Use Policy

You agree not to:

• Violate any law, regulation, or third-party rights.
• Post false, misleading, deceptive, discriminatory, defamatory, obscene, or unlawful content.
• Post jobs or content that unlawfully discriminate based on race, color, ethnicity, caste, religion, sex, gender identity, sexual orientation, age, disability, veteran status, citizenship, immigration status, or any protected characteristic.
• Use the Services for phishing, scams, pyramid schemes, or fraudulent recruiting.
• Misrepresent your identity or affiliation.
• Harvest, scrape, crawl, copy, or index platform data without written authorization.
• Reverse engineer, decompile, or attempt unauthorized access to the Services.
• Introduce malware, viruses, ransomware, bots, or malicious code.
• Interfere with platform functionality, infrastructure, or security controls.
• Circumvent rate limits, authentication, or access restrictions.
• Use automated systems to access the Services except through authorized APIs.
• Upload content that infringes intellectual property rights.
• Solicit passwords, financial data, or confidential information from users.

We reserve the right to investigate and take legal action regarding violations.

5. Employer Responsibilities

Employers, recruiters, and staffing agencies are solely responsible for:

• Accuracy and legality of job postings.
• Compliance with all applicable employment, labor, wage, tax, immigration, anti-discrimination, and workplace laws.
• Candidate screening and hiring decisions.
• Verification of work authorization and employment eligibility.
• Compliance with Equal Employment Opportunity (EEO) requirements.
• Compliance with federal, state, and local recruiting regulations.

Employers acknowledge that vividastra does not guarantee:

• Candidate quality.
• Applicant authenticity.
• Interview outcomes.
• Hiring success.
• Employment retention.

6. Applicant Responsibilities

Job seekers are solely responsible for:

• Accuracy and legality of resumes, applications, certifications, and submitted information.
• Maintaining confidentiality of login credentials.
• Conduct during communications with employers and recruiters.

You acknowledge that employers independently determine hiring qualifications and decisions.

7. No Professional, Immigration, or Legal Advice

The Services and all content are provided for informational purposes only.

vividastra does not provide:

• Legal advice.
• Immigration advice.
• Tax advice.
• Employment law advice.
• Financial advice.
• Career guarantees.

Any information related to visas, sponsorships, OPT, CPT, H-1B, green cards, employment authorization, or immigration matters should not be relied upon as legal guidance.

Users should consult qualified professionals regarding legal or immigration matters.

8. User Generated Content

Users are solely responsible for content they submit, upload, transmit, or display through the Services ("User Content").

vividastra does not endorse, verify, or guarantee:

• User identities.
• Job postings.
• Employer legitimacy.
• Candidate authenticity.
• Accuracy of User Content.

You acknowledge that interactions with other users are solely at your own risk.

vividastra reserves the right, but not the obligation, to:

• Review.
• Monitor.
• Remove.
• Restrict.
• Edit.
• Disable.
• Preserve.
• Disclose content.

These actions may be taken at our sole discretion and without notice.

9. License to User Content

You retain ownership of User Content.

By submitting User Content, you grant vividastra a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to:

• Host.
• Store.
• Reproduce.
• Modify.
• Adapt.
• Process.
• Publish.
• Distribute.
• Display.
• Analyze.

Such content is used solely for purposes of operating, securing, improving, marketing, and providing the Services.

You represent that you possess all rights necessary to grant this license.

10. Intellectual Property Rights

The Services, including all software, code, interfaces, databases, trademarks, service marks, logos, graphics, designs, compilations, and content, are owned by or licensed to vividastra and protected under intellectual property laws.

Except as expressly authorized, you may not:

• Copy.
• Modify.
• Distribute.
• Sell.
• Lease.
• License.
• Create derivative works from.
• Exploit any portion of the Services.

No ownership rights are transferred to you.

11. Privacy and Data Processing

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference.

You acknowledge and agree that:

• Internet transmissions are never completely secure.
• No platform can guarantee absolute security.
• You provide information at your own risk.

vividastra implements commercially reasonable safeguards but disclaims liability for unauthorized access beyond our reasonable control.

12. Electronic Communications Consent

By using the Services, you consent to receive electronic communications from vividastra, including:

• Emails.
• Platform notifications.
• Transactional messages.
• Security alerts.
• SMS messages (where consent is provided).

You may opt out of certain non-essential communications as permitted by law.

13. Artificial Intelligence and Automated Systems

Certain Services may use automated systems, machine learning, or artificial intelligence technologies to:

• Recommend jobs.
• Rank candidates.
• Generate summaries.
• Detect fraud.
• Improve platform functionality.

AI-generated outputs may contain inaccuracies or biases.

vividastra makes no guarantees regarding:

• Accuracy.
• Reliability.
• Completeness.
• Suitability of automated outputs.

Users remain solely responsible for independent evaluation and decision-making.

14. Third-Party Services

The Services may contain integrations, links, or connections to third-party services, websites, or applications.

vividastra is not responsible for:

• Third-party content.
• Security practices.
• Availability.
• Terms.
• Privacy policies.
• Conduct.

Your use of third-party services is solely at your own risk.

15. DMCA and Copyright Complaints

vividastra respects intellectual property rights.

If you believe content infringes your copyright, you may submit a written notice under the Digital Millennium Copyright Act ("DMCA") including:

• Identification of copyrighted work.
• Identification of infringing material.
• Contact information.
• Good-faith statement.
• Authorized signature.

DMCA Notices should be sent to:

DMCA Agent
vividastra
support@vividastra.com

vividastra reserves the right to remove allegedly infringing content and terminate repeat infringers.

16. Fees, Billing, and Payments

Certain Services may require payment.

You agree to:

• Pay all applicable fees.
• Provide accurate billing information.
• Pay applicable taxes.

Unless otherwise stated:

• Fees are non-refundable.
• Subscription services may automatically renew.
• You authorize recurring charges until canceled.

vividastra reserves the right to modify pricing upon reasonable notice.

17. Disclaimers

To the maximum extent permitted by law:

The Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including: merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, security, and availability.

vividastra does not warrant that:

• The Services will be uninterrupted or error-free.
• Jobs or candidates will be available.
• Users are legitimate.
• Data will be secure.
• Employment will result.

18. Limitation of Liability

To the maximum extent permitted by law:

vividastra, its affiliates, officers, directors, employees, contractors, and agents shall not be liable for: indirect, incidental, special, consequential, exemplary, punitive damages, loss of profits, loss of revenue, loss of data, loss of business, and loss of goodwill.

In no event shall vividastra's total aggregate liability exceed the greater of: (a) one hundred U.S. dollars (USD $100); or (b) the amount paid by you to vividastra during the twelve (12) months preceding the claim.

Some jurisdictions may not allow certain limitations, so some limitations may not apply.

19. Indemnification

You agree to defend, indemnify, and hold harmless vividastra and its affiliates, officers, directors, employees, contractors, licensors, and agents from and against all claims, liabilities, damages, judgments, losses, costs, expenses, and attorneys' fees arising from:

• Your use of the Services.
• Your User Content.
• Your violation of these Terms.
• Your violation of applicable law.
• Your infringement of third-party rights.

20. Suspension and Termination

We may suspend, restrict, disable, or terminate access to the Services at any time, with or without notice, for any reason, including suspected violations of these Terms or applicable law.

Upon termination:

• Your right to access the Services ceases immediately.
• Certain provisions shall survive termination.

21. Arbitration Agreement and Class Action Waiver

Please read this section carefully.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.

You and vividastra waive:

• The right to a jury trial.
• The right to participate in a class action.
• The right to participate in class arbitration.
• Representative actions.

Arbitration shall occur in Collin County, Texas, unless otherwise required by law.

Either party may seek injunctive relief for intellectual property or unauthorized access violations.

22. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Subject to the arbitration provisions above, any permitted legal proceeding shall occur exclusively in the state or federal courts located in Collin County, Texas.

23. Force Majeure

vividastra shall not be liable for delays, interruptions, failures, or damages resulting from causes beyond its reasonable control, including:

• Natural disasters.
• Cyberattacks.
• Internet outages.
• Power failures.
• Labor disputes.
• Government actions.
• Pandemics.
• Infrastructure failures.
• Third-party hosting failures.

24. Export Controls and Sanctions

You agree not to use the Services in violation of U.S. export control or sanctions laws.

You represent that you are not located in, or affiliated with, any restricted jurisdiction or prohibited party list.

25. California Consumer Rights

If applicable, California residents may have rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including rights related to:

• Access.
• Correction.
• Deletion.
• Data portability.

Please refer to our Privacy Policy for additional information.

26. International Use

The Services are operated from the United States.

If you access the Services from outside the United States, you are responsible for compliance with local laws.

You consent to transfer and processing of data in the United States.

27. Changes to Terms

We may revise these Terms at any time.

Updated Terms become effective upon posting with a revised "Last Updated" date.

Continued use of the Services after changes constitutes acceptance of the revised Terms.

28. Severability

If any provision of these Terms is determined unenforceable, the remaining provisions shall remain in full force and effect.

29. Entire Agreement

These Terms, together with the Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and vividastra regarding the Services.

30. Contact Information

For legal notices or questions regarding these Terms, contact:

vividastra Legal Department
Email: support@vividastra.com