This User Agreement ("Agreement") is a legal contract between you (the "User") and moCal, governing your use of the moCal Smart Hiring services and job posting platform (the "Services"). moCal provides a smart hiring platform designed to streamline your hiring process and connect you with qualified candidates. By using our Services, you agree to be bound by this Agreement, along with the Privacy Policy and any additional terms or conditions presented to you when accessing certain features.

It is imperative that Users follow all relevant laws and this Agreement when posting job opportunities on the platform. Failure to comply may result in suspension or termination of the Services and legal action if necessary.

This Agreement applies to any individual, business, or organization using moCal's platform to post job listings and manage the recruitment process. By creating a job posting, you agree to the following terms, which are binding and enforceable under applicable law.

You also agree to comply with all other moCal terms and policies, including but not limited to the Privacy Policy, Refund Policy, and Intellectual Property Rights policy, in conjunction with this Agreement. Any violation of this Agreement may lead to suspension or permanent termination of your account.

Users of the moCal platform must:

• Post jobs with genuine intent to hire for a legitimate position.
• Clearly and accurately describe the job, its requirements, and any relevant conditions, including whether the job is full-time, part-time, freelance, commission-based, or has any other specific working conditions.
• Avoid misleading or intentionally misrepresenting the nature of the job or employer.

Users are expressly prohibited from:

• Posting fake or fraudulent job listings.
• Engaging in any form of gender bias, discrimination, or harassment, including but not limited to requests for sexual favors.
• Demanding payments, fees, or any form of compensation from job seekers in exchange for job placements or interview opportunities. This includes indirect methods such as mandatory training fees or equipment purchases.
• Posting multi-level marketing (MLM) schemes, pyramid schemes, or any roles that do not provide a clear employment relationship or salary.
• Posting jobs that require candidates to pay any upfront fees for employment.

• The job posting must pertain to a single, clearly defined job opportunity.
• Users may not engage in any form of "spam" by sending unsolicited offers or communications unrelated to the job posting.
• moCal must be notified if a job has been filled, at which point the posting should be removed from the platform.
• Users may not use the platform for any illegal or fraudulent activity, including but not limited to phishing scams, the promotion of illegal products or services, or the infringement of intellectual property rights.
• The platform may not be used to collect personal data without the explicit consent of candidates.

Users agree that all job postings must:

• Be truthful and provide an honest representation of the job and company.
• Not contain any offensive, defamatory, or discriminatory language.
• Avoid any content that violates applicable laws, including employment, anti-discrimination, and data protection laws.
• Ensure that any third-party trademarks or copyrighted material used in job postings are legally permissible, with all necessary rights obtained beforehand.

By submitting job postings or any other content through the moCal platform, you grant moCal a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, modify, distribute, and publish your content in connection with the performance of the Services. You affirm that you have the necessary rights to grant this license and that your content does not infringe the intellectual property rights of any third party.

moCal retains all rights to the content it creates, including its platform, technology, and services. Unauthorized copying or distribution of moCal's intellectual property is strictly prohibited.

Users agree to comply with all applicable data protection and privacy laws, including but not limited to the Information Technology Act 2000, European Union’s General Data Protection Regulation (GDPR) and other similar laws in other jurisdictions.

moCal will handle personal data as set forth in the moCal Privacy Policy, and Users are required to treat candidate information with respect, ensuring that it is only used for legitimate recruitment purposes. Personal data obtained through the platform must not be sold or shared with unauthorized third parties.

Users must take reasonable steps to protect the personal data of job candidates and to implement adequate security measures against unauthorized access or misuse.

moCal is committed to safeguarding your privacy and protecting any personal data collected through its platform. This Privacy Policy explains how we collect, use, disclose, and safeguard information from Users of the moCal job posting platform.

moCal collects the following information from its Users:

• Personal identification information (name, email address, company details, etc.).
• Job postings and recruitment-related data.
• Payment and transactional data, if applicable.

For job candidates, moCal collects the information they submit through the application process, including resumes, personal identification details, and employment history.

moCal uses your information to:

• Provide and maintain the platform.
• Facilitate the job posting and recruitment processes.
• Communicate with you about your account or job postings.
• Analyze and improve the platform.
• Comply with legal obligations.

moCal will not sell, trade, or otherwise share your personal information with third parties, except where required by law or as part of legal proceedings. However, moCal may share non-personally identifiable data with third-party service providers to improve our services.

We employ industry-standard security measures to protect the personal information of our Users. However, no system can be fully secure, and moCal cannot guarantee the complete security of the information transmitted through our platform.

You have the right to access, correct, or delete the personal information moCal holds about you. You may also request that we stop processing your data or withdraw consent where applicable. For further information on how to exercise your rights, please contact moCal's customer service team.

Users of the moCal platform may be subject to subscription fees based on the services they use. If a User’s subscription expires, access to certain features of the platform, including job postings and candidate interviews, may be restricted and will not be under their control. All the analytics and candidate information that User may have generated during the subscription period will also get removed.

Refunds are only available under certain conditions, as specified in the moCal Refund Policy. Users are encouraged to review this policy before purchasing any services.

moCal reserves the right to suspend or terminate access to the platform if a User violates any of the terms outlined in this Agreement or any other related policy. Termination may be immediate and without prior notice.

Users agree to indemnify and hold moCal harmless from any claims, losses, damages, or expenses (including legal fees) arising from the misuse of the platform, violation of this Agreement, or breach of applicable laws.

moCal does not guarantee the accuracy or reliability of the information provided by job applicants or the performance of the platform. The platform is provided “as is” without warranties of any kind, and moCal expressly disclaims all implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement.

moCal’s liability is limited to the fullest extent permitted by law. moCal will not be held liable for indirect, consequential, or punitive damages, including but not limited to lost profits or data.

moCal reserves the right to amend this Agreement at any time. Users will be notified of significant changes, and continued use of the platform constitutes acceptance of those changes.

This Agreement is governed by the laws of the jurisdiction where moCal is based, without regard to its conflict of law principles. Any disputes arising under this Agreement shall be resolved in the courts of that jurisdiction.

If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect.

By using the moCal platform, you acknowledge that you have read, understood, and agreed to this User Agreement and Privacy Policy.