Terms of Use

        Effective Date: February 01, 2015

        Last Updated Date: February 24, 2016


        I. Introduction and Eligibility

        Please read these Terms of Use ("Terms") carefully before using the Site.

        These Terms include ROIKOI's Employee Privacy Policy, which is incorporated by reference into these Terms.

        Binding Agreement. These Terms constitute a binding agreement between you and Plato Labs, Inc. d/b/a ROIKOI and its affiliates and subsidiaries ("ROIKOI," "we," "us"). "You" and "users" shall mean all visitors to the Site. You accept these Terms each time you access the Site. If you do not accept these Terms, you must not use the Site. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Site.

        Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Site after a change to these Terms constitutes your binding acceptance of these Terms.

        The terms "post" and "posting" as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Site.

        II. The Site

        The "Site" means any website, mobile application, or Internet service under ROIKOI's control, whether partial or otherwise, in connection with providing the services provided by ROIKOI which may be modified or added to over time.

        ROIKOI grants access to the Site to employees or other designated agents (“users”) of its customers (hereinafter, “Member Companies”). To use this site, you must be affiliated with a Member Company (“your Company”).

        The Site provides an online platform that allows users to connect, import, and share information about their professional networks, including but not limited to, referrals to specific individuals, for the purpose of assisting in the sourcing and hiring of employees. Member Companies may choose to display relevant information about referral bonus or compensation schemes as part of the Site; however, any such terms are between the Member Companies and the users.   By using the Site, you acknowledge that the information provided may be shared with Member Companies and other third parties and ROIKOI is not responsible for such Member Companies’ or other third parties’ use of the information provided.

        Eligibility to Use the Site

        Children. No part of the Site is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.

        Additional Representations and Warranties.  You represent and warrant that:

        1. You have been authorized, by invitation or otherwise, to participate by a ROIKOI Member Company.

        2. The referrals provided by you are solely of your opinion and choosing.

        III. Your Account

        You represent and warrant that the information you provide to the ROIKOI when registering to use the Site and at all other times will be true, accurate, current, and complete.

        Your Log-In Credentials. As you will be responsible for all activity that occurs under your access credentials, you agree to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your username and password, and any device that you use to access the Site.

        You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify ROIKOI by email to support@roikoi.com. You will be solely responsible for the losses incurred by ROIKOI and others due to any unauthorized use of your account.

        IV. Communications

        You agree to receive email from us at the email address you provided to us for customer service-related and transaction purposes and as otherwise described herein and in the Employee Privacy Policy.

        Electronic Notices. By using the Site or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at support@roikoi.com.

        You may import individual contacts or your entire address book to the Site from your mobile device, other sites not affiliated with ROIKOI, or contacts stored in other locations. ROIKOI stores this information and uses it to build your list of potential referrals. You may choose to refer one of your contacts to a Member Company. You understand that by referring your contacts (“Referees”) to a Member Company you are granting both ROIKOI and Member Company permission to contact those Referees by email or in writing, using the information you have provided about your Referees.  Email addresses for contacts that you import but do not refer to a Member Company are not shared with that Company, however, basic personal data like their name and current place of employment may be shared. Your Company may request an introduction to both referred and non-referred contacts. Should you provide an introduction to a contact, your Company will receive any information you choose to provide in that introduction, including contact information, and your Company may or may not contact your contact. You represent and warrant that you have the right to import individual contacts from whatever means you use to provide such contacts.

        We may offer you the ability to message other users through the Site which may forward to your email.

        V. Mobile Application

        We currently provide our mobile services for free, but your carrier's normal rates and fees, such as text messaging and data charges, will still apply.

        With your explicit consent (which may be electronic consent), ROIKOI may copy, store, and use the contacts contained in your mobile device’s address book.  By permitting ROIKOI to copy, store, and use the contacts contained on your mobile device, you represent that you have authority to share the transferred data with your mobile carrier or other access provider.

        Any information that you upload or sync with the Site via your mobile devices is covered by the Employee Privacy Policy and these Terms of Use.

        VI. ROIKOI's Content Ownership and Use

        The contents of the Site include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other ROIKOI content (collectively, "ROIKOI Content"). All ROIKOI Content and the compilation (meaning the collection, arrangement, and assembly) of all ROIKOI Content are the property of ROIKOI or its licensors and are protected under copyright, trademark, and other laws.

        License to You. We authorize you, subject to these Terms, to access and use the Site and the ROIKOI Content solely for personal use, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the ROIKOI Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original ROIKOI Content and on any copy you make of the ROIKOI Content.

        ROIKOI Marks. "ROIKOI," the ROIKOI logo, and other ROIKOI logos and product and service names are or may be trademarks of ROIKOI or its licensors (the "ROIKOI Marks"). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the ROIKOI Marks.

        You Acquire No Ownership of Others' Content. You understand and agree that you will not obtain, as a result of your use of the Site, any right, title, or interest in or to content delivered via the Site or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.

        The Site may contain content from users and other ROIKOI licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Site.

        VII. Suggestions and Submissions

        We appreciate hearing from our users and welcome your comments regarding the Site. Please be advised, however, that if you send us ideas, suggestions, inventions, or materials ("Creative Ideas"), we shall:

        1. own, exclusively, all now-known or later-discovered rights to the Creative Ideas;

        2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and

        3. be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

        IX. User Content Disclaimers, Limitations, and Prohibitions

        We do not represent or guarantee the truthfulness, accuracy, or reliability of content on the Site provided by users (“User Content”).   You accept that any reliance on material posted by other users or third party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. Each referral is an expression of opinion and not of fact.

        You are solely responsible for your User Content, if any, on the Site. ROIKOI does not endorse any, nor is it responsible for, User Content on the Site. You assume all risks associated with Your User Content, including anyone's reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, your User Content contains material that is false, intentionally misleading, or defamatory; violates third party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

        You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:

        1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;

        2. frame or link to the Site without written permission;

        3. use data mining, robots, or other data gathering devices on or through the Site;

        4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;

        5. disclose personal information about another person or harass, abuse, or post objectionable material;

        6. sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;

        7. post advertising or marketing links or content, except as specifically allowed by these Terms;

        8. access the Site from a jurisdiction where it is illegal or unauthorized.;

        9. use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to ROIKOI or others.

        X. Consequences of Violating These Terms

        We reserve the right to suspend or terminate your account and prevent access to the Site for any reason, at our sole discretion. We reserve the right to refuse to provide the Site to you in the future.

        ROIKOI may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive, or illegal; or violates the rights of, or harms or threatens the safety of, users of the Site or any third party.

        You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Site.

        XI. ROIKOI's Liability

        Changes to the Site. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature.

        User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release ROIKOI of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.

        Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third party service provider or the quality or nature of third party products or services obtained through the Site. Use the Site at your own risk.

        Third Party Websites. The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

        We make no promises and disclaim all liability of specific results from the use of the Site.

        Released Parties Defined. "Released Parties" include ROIKOI and its affiliates, officers, employees, agents, partners, and licensors.


        A. DISCLAIMER OF WARRANTIES

        YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK, AND THE SITE AND CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS AND, AND (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

        While ROIKOI endeavors to provide and to allow Members to provide useful information regarding colleagues, you acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that professional and other information may be incomplete or may contain inaccuracies (including without limitation any interpretations and reviews of such information), and that information on the Site may be outdated or contain errors, omissions, or misinterpretations of information. You acknowledge that ROIKOI Information, User Content, and/or any other information contained on the Site or provided through the Site, is not a guarantee of an individual's quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness, or other personal and professional characteristics. Nor are they a predictor of the outcome of any matter in which such individual is involved. You agree to be solely responsible for your use of the Site, and the ROIKOI Content.

        B. LIMITATION OF LIABILITY AND INDEMNIFICATION

        YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ROIKOI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY, DATA, INFORMATION OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE, CONTENT, OR ROIKOI SCORE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

        TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF ROIKOI CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100 AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

        You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging, resulting from, or related to, (i) your use of or reliance on any third party content, (ii) your use of or reliance on any ROIKOI Content, (iii) your breach of these Terms; (iv) your ratings of any people or other parties, or (v) your use of or reliance on any ROIKOI Content, ROIKOI Score, or any other materials provided on the Site. ROIKOI will use reasonable efforts to notify you of any such claim, action or demand for which it seeks an indemnification from you upon becoming aware of it, but if ROIKOI is unable to communicate with you in a timely manner because of an inactive email address for you, your indemnification obligation will continue notwithstanding ROIKOI's inability to contact you in a timely manner.

        XII. General Terms

        These Terms constitute the entire agreement between you and ROIKOI concerning your use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.  You may not assign or transfer these Terms without the prior written consent of ROIKOI.  Any attempted assignment of these Terms by you is null and void.

        XIII. Arbitration, Class Waiver, and Waiver of Jury Trial

        These Terms and the relationship between you and ROIKOI shall be governed by the laws of the State of Texas without regard to its conflict of law provisions of any state or jurisdiction. You and ROIKOI agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Travis County in the State of Texas. You covenant not to sue ROIKOI in any other forum.  ROIKOI may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator.

        You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Site or these Terms:

        - YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;

        - YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND

        - YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

        XIV. Do Not Track Requests

        Your web browser may have a setting that allows you to automatically send a “Do Not Track” message to the websites you visit.  ROIKOI does not currently have technology to respond to such requests.

        XV. Referral Bonuses

        ROIKOI does not administer or otherwise have any control over the procedures or standards around any referral bonus system in place at any of its Member Companies. Any estimates of potential bonuses to you on the Site are based on information provided to ROIKOI by Member Companies. ROIKOI does not assume any liability for the accuracy or completeness of this information.

        XVI. Non Disclosure

        You agree to maintain in confidence and not to disclose or disseminate any verbal, written, photographic, video, or other information regarding ROIKOI, ROIKOI products or services, or your Company’s use of the foregoing except to the current employees of your Company who are bound by obligations no less restrictive than the provisions of this Section.

        Contact Information

        ROIKOI Inc.
        106 E. Sixth Street Suite 900
        Austin, Texas 78701
        support@roikoi.com