TERMS OF USE

Data Controller: JSArt Co., Ltd. (“we”, “us”, “our”)

Product/Service: LunaiWork

Effective Date: 01 December 2025

Scope: This policy applies to all websites and applications operated by us that reference this Privacy Policy.

1. Acceptance of the Terms

By accessing or using LunaiWork (“the Platform”), you acknowledge and agree that you have read, understood, and accepted these Terms of Service (“Terms”).

These Terms constitute a legally binding agreement between you and JSArt Co., Ltd. (“we,” “us,” “our”).

We reserve the right to amend or update these Terms at any time, with or without prior notice.

Unless otherwise stated, all modifications take effect immediately upon publication on the Platform.

Continued use of the Platform constitutes acceptance of the revised Terms.

Some advanced features may require the sharing or synchronization of personal data across services operated by us. Such processing shall occur only with your explicit, informed consent.

2. Permitted Use and Restrictions

You agree to use the Platform solely for lawful, legitimate, career-related purposes.

You expressly agree not to engage in any of the following prohibited activities, including but not limited to:

2.1. Security and Technical Violations

• Uploading or distributing malware, viruses, worms, Trojan horses, or harmful code
• Attempting to probe, scan, penetrate, circumvent, or disrupt the Platform’s security
• Launching or facilitating denial-of-service (DoS/DDoS) attacks
• Interfering with the integrity, performance, or availability of the Platform

2.2. Misuse of the Platform

• Creating fraudulent, misleading, or deceptive accounts or profiles
• Using another person’s data, identity, or credentials without authorization
• Harvesting, scraping, or collecting data using automated means not explicitly allowed
• Engaging in unlawful, defamatory, abusive, discriminatory, or obscene behavior

2.3. Legal and Ethical Violations

• Violating applicable laws, regulations, or third-party rights (including IP, privacy, publicity)
• Engaging in harassment, discrimination, hate speech, or unethical recruitment practices
• Posting or promoting illegal goods, services, or content

We reserve the right to investigate, suspend, or terminate user accounts for any violations under this Section.

3. Account Registration and Security

You represent and warrant that the information provided during registration is true, accurate, and complete.

You are solely responsible for maintaining the confidentiality of your login credentials, and for all activities conducted under your account.

You agree to notify us immediately of any unauthorized access, suspected breach, or security incident.

The following actions are strictly prohibited:

• Selling, lending, assigning, or transferring your account to any third party
• Impersonation or misrepresentation of identity or affiliation

Failure to comply may result in immediate suspension or termination.

4. User-Generated Content (UGC)

You retain ownership of all content, data, or materials (“Content”) you upload, submit, or display on the Platform.

However, by submitting Content, you grant us a worldwide, royalty-free, non-exclusive, transferable, sublicensable license to host, reproduce, modify, adapt, distribute, publicly display, and otherwise use such Content as necessary to operate, maintain, and improve the Platform.

4.1. Prohibited Content

You agree not to upload, post, transmit, or otherwise make available any Content that:

• Violates applicable laws or infringes third-party rights
• Contains obscene, pornographic, hateful, violent, or discriminatory elements
• Constitutes unauthorized advertising, solicitation, or spam
• Misleads users via manipulative keywords or deceptive labeling
• Contains viruses, harmful scripts, or malicious code

We reserve the right to remove or block Content at our discretion.

5. System Security and Technical Safeguards

To protect the Platform and its users, you must not:

• Access or attempt to access accounts, servers, or data without authorization
• Engage in exploitation of vulnerabilities, reverse engineering, or decompiling
• Manipulate network identifiers (including IP spoofing or packet header forgery)
• Overburden or disrupt the Platform’s infrastructure

Any violation may result in immediate termination and potential legal action.

We may report such violations to relevant authorities when required.

6. Employer-Specific Obligations

Employers (“Recruiters”) using the Platform agree to:

6.1. Data Handling Obligations

• Use candidate data solely for bona fide hiring activities related to their organization
• Refrain from disclosing, selling, redistributing, or externally sharing candidate data
• Maintain compliance with applicable data protection laws (including GDPR or local PDPA equivalents)
• Require employees and subcontractors to sign appropriate confidentiality and data-processing agreements

6.2. Accuracy of Job Listings

• Ensure that all job postings are accurate, lawful, non-discriminatory, and not misleading
• Refrain from posting defamatory, unethical, or competitive sabotage content

6.3. Data Breach Notification

In the event of any personal data breach involving delegated processing, recruiters must notify LunaiWork within 24 hours, including:

• Description of the incident
• Categories of data affected
• Contact details of the responsible officer
• Preliminary risk assessment
• Mitigation measures implemented

6.4. Post-Contract Obligations

Upon termination of services or contracts, recruiters must delete or return all candidate data in accordance with LunaiWork’s documented instructions.

Violations may result in content removal, account suspension, service termination, indemnification claims, or reporting to regulators.

7. Job Posting Requirements

• Each posting must correspond to one distinct position
• Titles must be clear and free of keyword stuffing or prohibited characters
• Contact details may not be included in job descriptions unless otherwise approved
• Job descriptions must accurately reflect responsibilities, qualifications, and benefits
• Prohibited goods/services under law may not be advertised
• Duplicate or violating postings may be removed without notice

8. Third-Party Services and Partner Integrations

Your job postings may be redistributed to partner platforms (e.g., LinkedIn, Google for Jobs, job aggregators) to maximize candidate reach.

If you wish to opt out of redistribution, you may request deactivation of this feature at any time.

We are not liable for third-party content, availability, or policies.

9. Fees and Payment Terms

9.1. For Candidates

The Platform is free for candidates.

Some advanced or premium features may incur fees, which will only apply after clear disclosure and your explicit agreement.

9.2. For Employers

Recruiters may be subject to service fees depending on selected plans, premium features, or branding campaigns.

Pricing, billing, invoicing, and refund policies are governed by agreements executed with our Sales Department.

Failure to pay applicable fees may result in service interruption or termination.

10. Intellectual Property Rights

All intellectual property—including but not limited to software, algorithms, UI/UX design, code, graphics, trademarks, and trade names—belongs to JSArt Co., Ltd. or its licensors.

You may not, without prior written authorization:

• Copy, reproduce, modify, distribute, reverse-engineer, or decompile
• Use the Platform or its content for commercial exploitation or competing services

Unauthorized use may result in civil and criminal liability.

11. Disclaimers and Limitation of Liability

11.1. Service Disclaimer

LunaiWork acts solely as an online intermediary that connects employers and candidates.

We do not guarantee hiring outcomes, candidate suitability, or recruiter reliability.

11.2. System Availability

The Platform is provided “AS IS” and “AS AVAILABLE.”

We do not warrant uninterrupted access, error-free operation, or complete security.

11.3. Limitation of Liability

To the fullest extent permitted by law, we are not liable for:

• Indirect, incidental, punitive, or consequential damages
• Loss of profits, opportunities, business, or data
• Any damages arising from user misconduct, third-party acts, or force majeure

Certain jurisdictions may not allow such exclusions; in these cases, liability is limited to the maximum permitted by law.

12. Suspension and Termination

We reserve the right to suspend or terminate access to the Platform, with or without notice, if you:

• Violate any provision of these Terms
• Provide false, fraudulent, or unverifiable information
• Pose a threat to system integrity or other users
• Engage in unlawful or harmful conduct

Fees paid prior to termination due to violations may be non-refundable.

13. Complaints and Dispute Resolution

13.1. Complaint Procedure

Complaints must be submitted through our official support channels.

We will acknowledge receipt within 8 working hours via Customer Support or Sales.

13.2. Resolution Process

• If parties reach an agreement, service continuity or restoration will proceed accordingly
• If no resolution is achieved or the dispute is severe, we may suspend services until final settlement

13.3. Disclaimer

LunaiWork is not responsible for disputes between employers, candidates, or third parties, except in cases of willful misconduct or statutory violations by LunaiWork.

This section does not limit any statutory rights available under applicable law.

14. Contact Information

For all inquiries, requests, or complaints regarding these Terms of Service, please contact:

JSArt Co., Ltd.

Address: 2nd Floor, FLC Landmark Tower, Alley 60 Duong Khue Street,

My Dinh Ward, Nam Tu Liem District, Hanoi, Vietnam

Email: [email protected]

Hotline: +84 963 935 086