Please read carefully. By using Capango, you agree to be bound by these Terms. Section 18 contains an Arbitration Agreement that affects your legal rights, including waiver of jury trial and class-action rights. You may opt out of arbitration within 30 days of first agreeing to these Terms; see Section 18.4.
In plain English
These Terms are the agreement between you (a job seeker) and Capango. They cover how you use Capango, what you can and can't do on the platform, who owns what, what happens if there's a dispute, and the limits on Capango's liability.
We've tried to keep this readable. Each section has a plain-English summary above the legal text. If something's unclear, ask us — support@capango.com.
Contents
- Who's who, and what these Terms cover
- Accepting these Terms
- Eligibility
- Your account
- License to use the Services
- Your content
- Ownership of Capango
- Acceptable use
- Interactions with employers and other users
- Third-party services and app stores
- Privacy
- SMS / text-message communications
- Beta features
- Disclaimer of warranties
- Limitation of liability
- Indemnification
- Suspension and termination
- Dispute resolution and arbitration
- International users
- General provisions
- Contact
1. Who's who, and what these Terms cover
These Terms of Use ("Terms") govern your use of Capango's website, mobile applications, and related services (collectively, the "Services") in your capacity as a job seeker ("Seeker," "you").
The Services are operated by Capango, Inc., a Delaware corporation with offices at 44679 Endicott Drive, Suite 300, #527, Ashburn, VA 20147 ("Capango," "we," "us," "our").
If you use Capango as an authorized user of an Employer account (e.g., a recruiter or hiring manager), separate Employer Terms of Use apply instead of these Terms. See https://www.capango.com/employer-terms.html.
2. Accepting these Terms
In plain English: By using Capango, you're agreeing to these Terms. If you don't agree, don't use Capango.
By clicking "I Accept" (or any similar acceptance mechanism), completing account registration, signing in, using the Services, browsing the Capango website, or downloading the Capango mobile application, you represent that:
- You have read, understood, and agree to be bound by these Terms;
- You meet the eligibility requirements in Section 3;
- You have the authority to enter into these Terms; and
- The information you provide during registration is true and accurate.
Your use of certain Services may be subject to additional terms ("Supplemental Terms"). If the Supplemental Terms conflict with these Terms, the Supplemental Terms control for that Service.
3. Eligibility
In plain English: You need to be at least 16, able to enter a binding contract where you live, and not barred from using Capango by law.
You must be:
- At least 16 years old at the time you register;
- Of legal age to form a binding contract in your jurisdiction;
- Not a person barred from using the Services under U.S. law or the law of your residence; and
- Using the Services for genuine job-seeking purposes — not to compile data on Capango, employers, or other Seekers.
If we learn you do not meet these requirements, we may suspend or terminate your account.
4. Your account
In plain English: Keep your login information safe. Don't share it. Tell us if someone else gets in.
4.1 Registration
To use most features of Capango, you must create an Account. You agree to:
- Provide true, accurate, current, and complete registration information; and
- Maintain and promptly update that information.
4.2 Account security
- You are responsible for all activity that occurs under your Account.
- Do not share your Account or password with anyone.
- Do not create an Account using a false identity or on behalf of someone else.
- Do not maintain more than one Seeker Account at any given time.
- Notify Capango immediately at support@capango.com if you learn of any unauthorized use of your Account.
4.3 Account closure
You may close your Account at any time through the in-app Settings or by emailing support@capango.com. See Section 17 for what happens after termination.
5. License to use the Services
In plain English: You have a personal license to use Capango while these Terms are in effect. You don't get to copy, resell, or scrape it.
Subject to your compliance with these Terms, Capango grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- Access and use the Services for your personal job-seeking purposes; and
- Download and install one copy of the Capango mobile application on a mobile device you own or control.
This license does not include any right to:
- License, sell, rent, lease, transfer, or commercially exploit any part of the Services;
- Copy, reproduce, modify, translate, adapt, or create derivative works of the Services or any Capango content;
- Use any framing techniques to enclose any Capango trademark or logo;
- Use metatags or other hidden text containing Capango's name or trademarks;
- Disassemble, decompile, or reverse-engineer any part of the Services;
- Use any manual or automated process (including "scraping," "spidering," or any web-harvesting tool) to extract data from the Services; or
- Access the Services in order to build a similar or competing product or service.
The Services are protected by copyright, trademark, and other laws. All rights not expressly granted are reserved by Capango.
6. Your content
In plain English: What you post on Capango is yours. By posting it, you give us the right to display it on Capango so employers can see it.
6.1 Your responsibility
You are solely responsible for any text, photos, videos, links, profile information, or other content you submit, upload, post, or otherwise make available through the Services ("Your Content"). Capango does not pre-screen Your Content.
6.2 License you grant to Capango
By making Your Content available on or through the Services, you grant Capango a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, transferable license to use, host, store, reproduce, modify, adapt, translate, publicly display, publicly perform, and distribute Your Content solely for the purposes of operating, providing, and improving the Services, including making your profile visible to employers and other Capango users.
This license ends when you delete Your Content or close your Account, except to the extent: (i) Your Content has been shared with other users who have not deleted it; (ii) the license is needed for the operations described in Capango's Privacy Policy (e.g., backups, audit logs); or (iii) we are legally required to retain it.
6.3 Feedback
If you send Capango ideas, suggestions, or feedback ("Feedback"), you do so at your own risk. Capango has no obligation of confidentiality with respect to Feedback and may use it for any purpose without compensation to you.
7. Ownership of Capango
In plain English: Capango (the platform, the brand, the software, the Powers and Passions tags) belongs to us. You don't get ownership rights to it by using it.
All right, title, and interest in the Services, the Capango name and logo, "Powers and Passions" and any related marks, the software, the design, the content provided by Capango, and all related intellectual property (collectively, "Capango Properties") are owned by Capango or its licensors.
You will not remove, alter, or obscure any copyright, trademark, service-mark, or other proprietary notice on or in any Capango Property.
8. Acceptable use
In plain English: Don't break the law, harass people, lie about yourself, or try to break Capango.
You agree not to use the Services to:
- Violate any law, regulation, or court order;
- Post or transmit Content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane, hateful, or discriminatory;
- Impersonate any person or entity, or misrepresent your affiliation with anyone;
- Submit false, inaccurate, or misleading information about yourself, your work history, your credentials, or your availability;
- Post Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right;
- Send unsolicited or unauthorized advertising, "junk" mail, "spam," or any other form of solicitation;
- Engage in commercial activities or sales without Capango's prior written consent;
- Use the Services to collect or harvest personal information about other users;
- Use any robot, spider, scraper, or other automated means to access or interact with the Services;
- Interfere with or attempt to interfere with the proper functioning of the Services;
- Introduce viruses, worms, malware, or other harmful code;
- Attempt to gain unauthorized access to any portion of the Services, other accounts, or any system or network connected to the Services; or
- Encourage or assist anyone else in doing any of the above.
We may suspend or terminate your access if we determine, in our reasonable judgment, that you have violated this Section 8.
9. Interactions with employers and other users
In plain English: Capango is a platform. We're not your employer, and we don't guarantee a job. Use your judgment when you interact with anyone you meet on Capango.
9.1 Capango is not the employer
Capango is not an employer, employment agency, recruiter, or job placement service. Capango does not screen, vet, endorse, or guarantee any Employer, job posting, or interaction.
9.2 Your responsibility for interactions
You are solely responsible for your interactions with Employers and other users. You agree that Capango is not responsible for:
- Any employment decision made (or not made) by any Employer;
- The safety, accuracy, lawfulness, or terms of any job posting;
- The pay, hours, working conditions, or any other aspect of any employment opportunity;
- The conduct of any Employer or other user, online or offline; or
- Any loss, injury, or damage arising from your interactions with anyone you meet through the Services.
9.3 No guarantee of results
Capango makes no warranty that you will find employment, receive any specific level of employer interest, or otherwise achieve any particular outcome through the Services.
9.4 Equal employment opportunity
Capango supports equal employment opportunity. If you believe an Employer using Capango has discriminated against you, you may report this to Capango at support@capango.com and to the relevant regulator (in the U.S., the Equal Employment Opportunity Commission at eeoc.gov).
10. Third-party services and app stores
The Services may contain links to third-party websites and applications and may integrate with third-party services (collectively, "Third-Party Services"). Capango is not responsible for any Third-Party Service and does not review, endorse, or warrant any Third-Party Service. Your use of any Third-Party Service is at your own risk and subject to the terms and privacy policy of that third party.
App Stores. If you download the Capango mobile application from the Apple App Store, Google Play, or any other app store ("App Store"), your use of the application is also subject to the App Store's terms. The agreement between you and the App Store is between you and the App Store, not Capango. Capango — not the App Store — is solely responsible for the Capango application and any claims relating to it.
11. Privacy
Our Privacy Policy describes how we collect, use, and share personal information about you. The Privacy Policy is incorporated into and made part of these Terms by reference. By accepting these Terms, you also acknowledge the practices described in the Privacy Policy.
12. SMS / text-message communications
In plain English: If you opt in, we send you a text when an employer wants to connect. You can reply STOP anytime to stop. Texting is optional — you can use Capango fully without it.
12.1 The Capango SMS program
Capango operates a text-message (SMS) notification program through its registered Application-to-Person 10-Digit Long Code ("A2P 10DLC") campaign with United States mobile carriers, administered through Capango's SMS service provider, Twilio Inc. Through this program, Capango may send you transactional text messages relating to your use of the Services, including (without limitation) messages notifying you that an Employer has expressed interest in your profile.
12.2 Opt-in is required
You will only receive SMS messages from Capango if you have affirmatively opted in by (i) checking the SMS consent box during account registration in the Capango mobile application, (ii) enabling SMS notifications in your in-app Settings, or (iii) otherwise providing express consent to Capango in a form Capango records. Your consent to receive SMS messages is not required for use of the Services. You may use Capango fully without enrolling in SMS.
12.3 Message content and frequency
SMS messages from Capango are limited to the categories described in Capango's then-current SMS Policy. As of the effective date of these Terms, the only message category is recruiter-initiated employer-interest notifications. Message frequency varies based on Employer activity and is typically zero to five messages per week per active job seeker. Capango does not send marketing, promotional, drip, or scheduled bulk SMS to Seekers.
12.4 Sample message
A typical Capango SMS reads:
"Hi [Your First Name], [Company Name] is interested in your Capango profile. View the role: [link] Reply STOP to opt out, HELP for help."
12.5 Carrier charges
Capango does not charge for SMS messages. Standard message and data rates may apply from your mobile carrier per your wireless plan. You are solely responsible for any such carrier charges.
12.6 Opt-out
You may opt out at any time by:
- Replying STOP to any Capango SMS message;
- Toggling SMS notifications off in your in-app Settings; or
- Contacting Capango support at support@capango.com.
After opting out, Capango will send one final confirmation SMS confirming no further messages will be sent. If you opt out and later wish to re-enroll, you may do so through the in-app Settings or by contacting support.
12.7 Help
You may reply HELP to any Capango SMS message to receive an automated reply with support contact information, or email support@capango.com.
12.8 Carrier disclaimer
Mobile carriers, including without limitation T-Mobile, AT&T, Verizon, US Cellular, and others, are not liable for delayed or undelivered messages.
12.9 Geographic scope
Capango's SMS program is available only to mobile numbers issued by United States mobile carriers. If you provide a non-U.S. mobile number, you will not receive SMS messages from Capango regardless of opt-in status.
12.10 No reliance
SMS messages from Capango are notification mechanisms only and are not guaranteed to be delivered, to be received timely, or to be free of error. You should not rely on SMS messages as the exclusive means of receiving information about Employer interest. Capango maintains a record of all employer interactions in your in-app account, and you should consult your account directly for the canonical record.
12.11 Changes to the SMS program
Capango may change the categories of SMS messages it sends, the frequency, the geographic scope, or other material attributes of the program from time to time. Material expansions of message categories — for example, adding marketing messages, two-way conversational messages, or SMS-to-apply flows — will require renewed opt-in consent before such messages are sent to you.
12.12 Privacy
Capango's handling of your mobile phone number, your consent record, and the contents of SMS messages is governed by Capango's Privacy Policy.
13. Beta features
From time to time, Capango may offer experimental ("Beta") features. Beta features are provided as-is, with all faults, and without warranty of any kind. Capango may modify or discontinue Beta features at any time without notice.
14. Disclaimer of warranties
In plain English: Capango is provided "as is." We don't guarantee a job, accurate listings, or uninterrupted service.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAPANGO EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NO ADVICE OR INFORMATION OBTAINED FROM CAPANGO OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS. CAPANGO MAKES NO WARRANTIES WITH RESPECT TO THE SUCCESS OR FAILURE OF A SEEKER'S JOB SEARCH OR THE ACCURACY OF ANY JOB POSTING.
Some jurisdictions do not allow the exclusion of certain warranties. The above exclusions apply only to the extent permitted by applicable law.
15. Limitation of liability
In plain English: Capango's total liability to you is capped at $100, and we're not liable for indirect damages.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CAPANGO, ITS AFFILIATES, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, "CAPANGO PARTIES") BE LIABLE FOR:
(i) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND; (ii) ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR BUSINESS OPPORTUNITY; (iii) ANY DAMAGES OR COSTS DUE TO LOSS OF OPPORTUNITIES OR WAGES OR EMPLOYMENT INTERRUPTION; OR (iv) ANY DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, FROM ANY THIRD-PARTY CONDUCT, OR FROM ANY CONTENT ACCESSED THROUGH THE SERVICES,
WHETHER OR NOT CAPANGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED.
Cap on aggregate liability. UNDER NO CIRCUMSTANCES WILL THE CAPANGO PARTIES' AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. The above limitations apply only to the extent permitted by applicable law.
16. Indemnification
You agree to indemnify, defend, and hold harmless the Capango Parties from and against any claim, demand, action, loss, liability, damage, fine, penalty, cost, or expense (including reasonable attorneys' fees) arising out of or related to: (i) Your Content; (ii) your use or misuse of the Services; (iii) your breach of these Terms; or (iv) your violation of any law or the rights of any third party.
Capango reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.
17. Suspension and termination
In plain English: We can suspend or close your account if you break these Terms or for other lawful reasons. You can also close your account anytime.
17.1 By you
You may stop using the Services at any time and close your Account through the in-app Settings or by emailing support@capango.com.
17.2 By us
We may suspend or terminate your access to all or part of the Services at any time, with or without notice, if we reasonably believe that:
- You have violated these Terms;
- Your conduct presents risk to Capango, other users, or third parties;
- Your account has been inactive for an extended period (see our Privacy Policy retention table); or
- Continued service is unlawful or operationally infeasible.
17.3 Effect of termination
On termination, your license to use the Services ends. Sections 6.3 (Feedback), 7 (Ownership), 11 (Privacy), 14 (Warranties), 15 (Liability), 16 (Indemnification), 18 (Dispute Resolution), and 20 (General Provisions) survive termination.
18. Dispute resolution and arbitration
In plain English: If we disagree about something, we'll arbitrate it instead of going to court (with limited exceptions). You give up the right to sue in court or to be part of a class action — unless you opt out within 30 days.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES U.S.-RESIDENT USERS TO ARBITRATE DISPUTES WITH CAPANGO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
18.1 Applicability of the Arbitration Agreement
Users resident in the United States agree that any dispute or claim relating in any way to (i) your access to or use of the Services, (ii) any aspect of your relationship with Capango, or (iii) these Terms or their breach, will be resolved by binding arbitration, rather than in court, except that:
- You may assert claims in small-claims court if your claims qualify; and
- You or Capango may seek equitable relief in court for infringement or other misuse of intellectual-property rights.
18.2 Arbitration rules and forum
The Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this Arbitration Agreement. Arbitration will be conducted by JAMS under its applicable consumer rules, available at www.jamsadr.com or by calling JAMS at (800) 352-5267. The arbitration will be conducted in the English language. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
18.3 Waiver of jury trial and class actions
WAIVER OF JURY TRIAL. YOU AND CAPANGO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY.
CLASS-ACTION WAIVER. ALL CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
18.4 30-day right to opt out
You may opt out of this Arbitration Agreement by mailing a written notice within 30 days of first becoming subject to it. The notice must be sent to:
Capango, Inc. Attn: Arbitration Opt-Out 44679 Endicott Drive, Suite 300, #527 Ashburn, VA 20147
Your notice must include: your name, postal address, the email address on file with your Capango Account, and an unequivocal statement that you want to opt out of this Arbitration Agreement.
18.5 Severability
If any portion of this Arbitration Agreement is held invalid or unenforceable, that portion is severed and the remainder remains enforceable. If the class-action waiver in Section 18.3 is held invalid as to any claim, that claim must be brought in court — not arbitration — but all other claims remain in arbitration.
19. International users
The Services are controlled and offered by Capango from facilities in the United States. We make no representations that the Services are appropriate or available for use in other locations. Users who access the Services from other countries do so at their own initiative and are responsible for compliance with local law. For privacy-related disclosures relevant to international users, see the Privacy Policy.
20. General provisions
Electronic communications. You consent to receive communications from Capango electronically. All terms, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.
Governing law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except where overridden by mandatory consumer-protection laws of your residence.
Exclusive venue (for claims not subject to arbitration). Any claim not subject to arbitration under Section 18 must be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be construed in a manner to reflect, as nearly as possible, the original intent, and the remaining provisions remain in full force and effect.
Waiver. Capango's failure to enforce any right or provision is not a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms without Capango's prior written consent. Capango may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
Entire agreement. These Terms, the Privacy Policy, and any Supplemental Terms are the entire agreement between you and Capango regarding the Services and supersede any prior agreements on the same subject.
Changes to these Terms. Capango may update these Terms from time to time. The current version is always at https://www.capango.com/seeker-terms.html. Material changes will be communicated through the in-app or by email. Continued use of the Services after a material change becomes effective constitutes acceptance of the updated Terms.
Copyright infringement claims (DMCA). To submit a copyright infringement notice under the Digital Millennium Copyright Act:
Capango, Inc. — Attn: Copyright Agent 44679 Endicott Drive, Suite 300, #527 Ashburn, VA 20147 Email: copyright@capango.com
Your notice must include: an electronic or physical signature of the person authorized to act on behalf of the copyright owner; identification of the work claimed to have been infringed; identification of the material that is claimed to be infringing; your contact information; a statement that you have a good-faith belief that the use is not authorized; and a statement under penalty of perjury that the information is accurate and you are the owner or authorized to act on the owner's behalf.
21. Contact
For questions, complaints, or claims about these Terms or the Services:
Capango, Inc. Attn: Legal — Seeker Terms 44679 Endicott Drive, Suite 300, #527 Ashburn, VA 20147 USA
Email: support@capango.com Phone: (833) 227-2646