WayUp provides this Acceptable Use Policy to give our customers and users an understanding of expected behavior while using the WayUp’s websites and apps. In general, acceptable use is about being respectful. This Acceptable Use Policy is not exhaustive; it identifies some of the disrespectful behavior that is not permitted. This Acceptable Use Policy is incorporated by reference into each of WayUp’s Master Agreement and WayUp’s User Agreement, respectively. Capitalized terms not otherwise defined herein have the meanings ascribed to them in the Master Agreement or the User Agreement, as applicable.

A. You shall not use the Services :

1. To seek Candidates for any job that:

(a) Involves sexual activities, such as prostitution, pornography, exotic dancing, etc.

(b) Involves illegal activities, such as unlawful drug or human trafficking, criminal conspiracy, piracy, etc.

(c) Is outside of the United States.

2. To establish or further any:

(a) Fraud, pyramid scheme, Ponzi scheme, matrix scheme, “club membership” distributorship, multi-level marketing opportunity, sales representative agency arrangement, or the like;

(b) Business opportunity requiring an up-front payment or periodic payment to participate.

3. To illegally discriminate.

4. To Submit Information that:

(a) Contains or depicts nudity, sexual activity, or child exploitation.

(b) Is obscene, vulgar, pornographic, offensive, or profane.

(c) Is harassing, bullying, threatening, or abusive.

(d) Exploits anyone in a sexual, violent, or other manner.

(e) Is defamatory, libelous, or invasive of another’s privacy.

(f) Is tortious.

(g) Is false, misleading, untruthful, or inaccurate.

(h) Impersonates any person or entity.

(i) Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity.

(j) Violates any contractual duty.

(k) Constitutes spam or other unauthorized or unsolicited advertising, junk, or bulk e-mail.

(l) Contains any virus or other computer code, files, or programs designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party.

(m) Includes anyone’s identification documents or sensitive medical, financial, or personal information.

(n) Belongs to another person or entity (such as the names, logos, or trademarks of unaffiliated companies) without first providing to WayUp the express prior written consent of that person or entity and receiving the written approval of WayUp.

(o) Contains links to any site competitive with WayUp unless specifically authorized by WayUp’s express prior written consent.

5. To solicit personal information from anyone under the age of 18.

6. To post any job that:

(a) Pays commission-only (unless the posting clearly states that the available job pays commission-only and clearly describes the product or service that the job seeker would be selling).

(b) Does not represent bona fide employment or consulting opportunity (i.e., where employer uses IRS forms w-2 or 1099).

(c) Requires the candidate to provide, except where allowed by applicable law, information relating to the candidate’s (i) race, color, or ethnic origin; (ii) sex or gender; (iii) sexual orientation, gender identity, or gender expression; (iv) marital status; (v) pregnancy status; (vi) sexual life; (vii) religion, religious beliefs, or philosophical beliefs; (viii) political beliefs, activities, or affiliations, (ix) age; (x) membership in a trade union; (xi) physical or mental health; (xii) genetic information; (xiii) military or veteran status; (xiv) status as a victim of domestic violence, assault, or stalking; (xv) commission of criminal offenses or proceedings; or (xvi) citizenship status.

(d) Requires citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required to comply with applicable law or federal, state, or local government contract.

(e) Includes any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job.

(f) Is for any competitor of WayUp (unless specifically authorized by WayUp’s express prior written consent).

7. In violation of any applicable laws or regulations.

8. In violation of this Agreement.

B. You will not Submit to the Services any Information that is :

(a) Obscene.

(b) Defamatory.

(c) Shocking.

(d) Hateful.

(e) Threatening.

(f) Bullying.

(g) Harassing.

(h) Untrue.

(i) Dishonest.

(j) Misleading.

(k) Unreadable (for example, “hidden” keywords).

(l) Excessively repeated (for example, keyword keyword keyword keyword).

(m) Irrelevant or unrelated to the applicable job opportunity, candidate profile, etc.

(n) Otherwise inappropriate.

C. You shall not, directly or indirectly :

(a) Take any action that harms or could harm our infrastructure or the infrastructure of any of our third-party providers.

(b) Take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure or the infrastructure of any of our third-party providers.

(c) Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.

(d) Bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems, or networks connected to the Services).

(e) Run any form of auto-responder or “spam” on the Services.

(f) Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site without our express prior written consent.

(g) Harvest or scrape any Information from the Services without our express prior written consent.

(h) Decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction.

(i) Modify, translate, or otherwise create derivative works of any part of the Services.

(j) Use the Services, Platform, or any Software for timesharing or service bureau purposes or the like.

(k) Otherwise take any action in violation of our guidelines and policies.

D. Responsibilities.

1. You must keep your account password(s) secure, and you are solely responsible for the activity that occurs on your account. You must notify WayUp immediately of any breach of security or unauthorized use of your account. Although WayUp will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of WayUp or others due to such unauthorized use.

2. You will use the Services and Platform only in compliance with the Policies and all applicable laws and regulations. Although WayUp has no obligation to monitor your use of the Services and Platform, we may do so and may prohibit any use of the Services and/or Platform we reasonably believe may be in violation of the foregoing.

3. You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services and the Platform, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “ Equipment ”). You are also responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Employer accounts and Equipment with or without your knowledge or consent.

4. You will not, directly or indirectly, (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Services or the Platform, or any software, documentation, or WayUp data related to the Services or the Platform (collectively, “ Software ”); or (ii) modify, translate, or create derivative works based on the Services, Platform, or any Software.

5. You are responsible for (i) all Information Submitted by or on your behalf through the Services or otherwise to WayUp; and (ii) all Information, content, and property to which any Communication may direct or redirect Candidates, including without limitation Employer and other websites (collectively, “ Employer Destinations ”).

6. You agree not to distribute in any medium any part of the Platform, the Services, or WayUp Content without WayUp’s prior written authorization.

7. You agree not to alter or modify any part of the Services or the Platform.

8. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or other tools to “scrape” information, except with WayUp’s written consent.. You agree not to collect or harvest any personally identifiable information from the Service, nor to use the communication systems provided by the Service (e.g., messaging) for any commercial solicitation purposes other than recruiting.

WayUp may investigate potential violations of this Acceptable Use Policy and remove non-compliant information as well as take such other actions as may be appropriate and permitted under your agreement with us.

For all Employers who have entered into an agreement or order with Yello that reference these terms and for all Employers who have had their agreements assigned to Yello, all references to WayUp Inc. or WayUp in this Acceptable Use Privacy shall mean RECSOLU, Inc., DBA Yello.

Updated February 24, 2022