Tombo Inc. — Terms of Service and Privacy Policy

The Services are designed for one purpose: to allow professional recruiters to submit Candidates for specific open job positions posted through the Services, which may be roles at Tombo and/or roles Tombo is supporting on behalf of its partners and clients (“Partners/Clients”). Recruiters use the Services to (a) review job descriptions, and (b) submit Candidates for those roles through Tombo’s submission workflow.

What the Services are not: The Services are not a directory of Tombo’s Partners/Clients, not a lead-generation tool for recruiters to identify or solicit Tombo’s Partners/Clients, and not a general-purpose data export tool.

Two rules that matter most (and explain many later sections):

1. Submit Candidates through the Services. Use the platform to submit Candidates for open roles posted in the Services.
2. Do not extract or use Tombo opportunity information to bypass Tombo. Recruiters may not copy, scrape, bulk-monitor, or republish Tombo job listings or other Opportunity Information, and may not use such information to identify, contact, solicit, or contract with Tombo Partners/Clients outside the Services.

These Terms include provisions intended to protect the integrity of the marketplace, Tombo’s investment in sourcing and managing Partner/Client opportunities, and compliance with privacy and recruiting obligations. If you do not intend to submit Candidates through the Services and comply with the restrictions above, you should not use the Services.

In the event of any ambiguity, the parties agree these Terms should be interpreted consistent with the limited purpose described in this Section 0.

You represent and warrant that:

• You are at least 18 years old and a professional recruiter using the Services for business/professional purposes.
• You have authority to bind yourself and, if applicable, your business.
• You will not use the Services if you are subject to any non-compete, non-solicit, confidentiality, IP assignment, or other restriction that would prohibit your freelance recruiting activity, Candidate outreach, or Candidate submission via the Services.

“Recruiter”

means you, the user submitting Candidates.

“Candidate”

means any person whose information you submit.

“Submission”

means Candidate data you provide to the Services (including via the Chrome extension).

“Bounty”

means the listed fee Tombo may pay for an eligible hire tied to a specific role/opportunity.

“Points”

means non-cash, discretionary platform credits/score with no monetary value.

“Opportunity Information”

includes Tombo job listings, role requirements, hiring workflows, and (where present) Partner/Client-identifying signals or metadata.

“Tombo Relationships”

means Tombo’s Partners/Clients, prospective Partners/Clients, job opportunities, hiring managers, and related commercial relationships.

You and Tombo are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, fiduciary duty, agency, franchise, or exclusive relationship. You have no authority to bind Tombo or speak on Tombo’s behalf.

You are responsible for all activity under your account and for maintaining the confidentiality of your credentials. You must promptly notify Tombo of suspected unauthorized access. Tombo may suspend or terminate access as described in these Terms.

5.1 Authority, Permission, and Legal Basis (Recruiter Responsibility)

For each Submission, you represent and warrant that:

1. You own or have lawful permission to provide the Submission to Tombo and to authorize Tombo’s processing and use described in these Terms and the Privacy Policy.
2. You have a lawful basis to disclose Candidate data to Tombo and to enable Tombo to contact the Candidate regarding recruiting opportunities, including for Tombo and Partners/Clients.
3. Your Submission does not violate any law, regulation, court order, contract, employer policy, confidentiality obligation, or third-party rights.

You must not submit Candidate data for individuals with whom you do not have a bona fide relationship or where you lack permission to share their data.

5.2 No Employer/Agency Database Uploads Without Permission

You may not submit data taken from any employer or agency ATS/CRM, resume database, exports (including from paid sourcing tools), proprietary sourcing tools, or similar systems unless you have explicit written permission to do so. You may not submit any trade secrets, confidential information, or personal data obtained in violation of law or contract.

5.3 No Sensitive Data; Data Minimization

Do not submit sensitive personal data (e.g., SSN, passport, bank data, precise geolocation, health data, biometric identifiers, union membership, etc.) unless Tombo explicitly requests it in writing for a specific purpose and you have explicit lawful permission and a lawful basis.

5.4 Proof of Relationship / Permission

Tombo may require proof that (a) you know the Candidate and/or (b) the Candidate authorized you to submit them (e.g., email confirmation, written authorization, documented outreach history, or Candidate verification). Tombo may request proof from you and/or the Candidate at any time. Failure to provide satisfactory proof is grounds for rejection of the Submission and/or forfeiture of Bounty eligibility.

You grant Tombo a worldwide, perpetual, irrevocable, sublicensable, transferable, royalty-free license to host, store, reproduce, analyze, modify, create derivative works from, combine, and otherwise use Submissions and any metadata derived from them:

• to operate and improve the Services;
• to match Candidates to roles at Tombo and/or Partners/Clients;
• for recruiting, staffing, sales, and marketing purposes; and
• for analytics, benchmarking, data aggregation, and product development (including through automated tools).

To the maximum extent permitted by law, you waive any moral rights or similar rights in Submissions.

7.1 Role-Specific Eligibility

Recruiters are eligible for Bounties only for the specific roles/opportunities designated by Tombo at the time of Submission and only if the Submission is made through the required workflow and required fields.

7.2 Valid Submission Requirements

A Submission is eligible only if it is complete, accurate, and truthful, and submitted per platform instructions. Tombo may reject any Submission for any reason, including suspected duplication, incomplete fields, Candidate non-responsiveness, or compliance risk.

7.3 Duplicate Submissions; Prior Knowledge; Discretionary “Resurfacing” Awards; Attribution Determinations

A Candidate may be “known” to Tombo through any channel, including internal recruiting, prior applicants, inbound interest, referrals, Partner/Client sourcing, marketing pipelines, talent pools, prior Submissions, or other third-party sources. As a default rule, no Bounty is owed if (a) the Candidate was already known to Tombo, or (b) the Candidate was previously submitted through the Services or any other channel.

Notwithstanding the foregoing, Tombo may, in its sole and absolute discretion, choose to pay a Bounty (in whole or in part) where a Recruiter’s Submission resurfaces, reactivates, or materially advances a Candidate’s candidacy for a currently available role (including by providing new, updated, verified, or decision-useful information; confirming interest/availability; enabling compliant contact; or otherwise accelerating a hiring decision). Any such payment is entirely discretionary, does not create a precedent, and does not alter the default rule above.

Where more than one Recruiter submits the same Candidate (including where submissions are separated by minutes or hours), Tombo will determine attribution and eligibility in its sole and absolute discretion. For clarity, submission timestamp alone is not determinative, and Tombo may consider the completeness, accuracy, and decision-usefulness of each Submission (including verification/consent signals), as well as any other factors Tombo deems relevant. All eligibility, resurfacing, and attribution determinations are final and not subject to appeal.

7.4 Near-Simultaneous Submissions; Discretionary Award Criteria

If two or more Recruiters submit the same Candidate within a short time frame of each other (including submissions made “within hours”), Tombo will determine, in its sole and absolute discretion, whether any Bounty is payable and, if so, to whom and in what amount. Without limiting the foregoing, Tombo may:

• award the entire Bounty to one Recruiter;
• split the Bounty among multiple Recruiters in any proportions Tombo selects;
• award the Bounty to the Recruiter whose Submission, in Tombo’s judgment, provided the most complete, accurate, timely, and decision-useful information (including documentation that helps Tombo verify Candidate identity, interest, qualifications, availability, compensation expectations, work authorization, and/or consent); or
• award no Bounty if Tombo cannot reliably determine attribution, permission/consent, or submission validity.

Tombo may consider any factors it deems relevant, and all determinations are final and not subject to appeal.

7.5 When Bounty Is Earned; Payment Timing

Unless otherwise stated for a specific role, a Bounty is earned only if:

1. Tombo (or applicable Partner/Client) makes a written offer to the Candidate;
2. the Candidate accepts and signs the offer; and
3. Tombo confirms the hire is attributable to your eligible Submission.

Tombo will pay an earned Bounty within 15 calendar days after the Candidate accepts and signs the job offer, subject to the remaining provisions of Section 7.

7.6 Taxes; Forms; Withholding

You are responsible for all taxes. You agree to provide any required tax forms (e.g., W-9/W-8). Tombo may withhold or delay payment until compliance requirements are satisfied.

7.7 No Guaranteed Payment; Disputes

All Bounty determinations (including attribution, validity, duplicates, resurfacing, and timing) are made by Tombo in its sole discretion. Tombo may require additional documentation and may delay payment pending investigation.

7.8 Clawback / Forfeiture

Tombo may deny or claw back any Bounty if Tombo reasonably determines there was fraud, misrepresentation, unlawful sourcing, lack of Candidate permission, employer/agency conflict, or breach of these Terms.

7.9 Offsets

Tombo may offset any amounts it owes you against amounts you owe Tombo (including indemnity obligations, chargebacks, or costs arising from your breach).

7.10 No Right to Audit; No Disclosure of Internal Records

Recruiters acknowledge that Tombo’s pipelines, matching logic, deduplication methods, attribution methods, internal recruiter activity, Partner/Client communications, and related records are confidential and proprietary. To the maximum extent permitted by law, Recruiters have no right to audit, inspect, or obtain discovery of Tombo’s internal records, logs, timestamps, source data, communications, or decision-making materials relating to whether a Candidate was previously known, whether a Submission was first or duplicative, attribution determinations, resurfacing determinations, whether a Candidate was hired, or the calculation, allocation, reduction, split, denial, or clawback of any Bounty or Points.

Tombo may, but is not obligated to, provide high-level status updates. Tombo has no obligation to provide the underlying basis for any Bounty or Points determination, and Recruiters agree Tombo’s determinations under Section 7 are final.

7.11 No Wages; No Employment; No Expectation; No Reliance

Recruiters acknowledge and agree that:

1. the Services are a marketplace-style platform and Recruiters participate as independent contractors;
2. Bounties, Points, and any other incentives are discretionary platform payments (if any) tied to specific, role-specific outcomes and do not constitute wages, salary, commissions, benefits, overtime, expense reimbursement, or other compensation for employment;
3. nothing in the Services or these Terms creates any employment relationship, agency, partnership, joint venture, fiduciary duty, or exclusive relationship between Tombo and any Recruiter; and
4. Recruiters have no expectation of payment unless and until Tombo determines, in its sole discretion, that a Bounty is earned under Section 7 and all eligibility conditions are satisfied.

Recruiters agree they will not rely on the availability of any Bounty, Points, program rule, or feature as a basis for making business decisions, and that Tombo may modify, suspend, or discontinue any Bounty or Points program, role, amount, or eligibility requirement at any time.

7.12 Section 7 Controls

In the event of any conflict or inconsistency within these Terms regarding Bounties or Points, Section 7 controls.

Points are awarded, adjusted, revoked, or discontinued at Tombo’s sole discretion, with no obligation to award points for any Submission. Points have no cash value, are not wages, and are not redeemable unless Tombo explicitly offers a redemption program in writing. Points may expire and may be removed upon account suspension/termination, and do not create any property right.

You agree you will not (and will not attempt to):

For clarity, manual review of job descriptions and submitting Candidates through the Services is permitted and expected; the restrictions in this Section 9 are intended to prohibit automated extraction, bulk monitoring, republishing, and off-platform solicitation/circumvention.

• Use any automated means (including bots, scripts, scrapers, crawlers, browser automation, or similar tools) to access, copy, harvest, monitor, or bulk extract job listings, role data, Opportunity Information, or any other content from the Services;
• Copy, republish, sell, license, distribute, or create derivative works from job listings or Opportunity Information, except as necessary for your internal evaluation of whether to submit Candidates through the Services;
• Attempt to identify Partners/Clients from job listings or Opportunity Information for the purpose of contacting, soliciting, or contracting with them outside the Services;
• Interfere with or disrupt the Services (including security, rate limits, access controls, or monitoring);
• Submit false, misleading, stolen, or unlawfully obtained Candidate data;
• Upload malware or otherwise attempt to compromise the Services.

9.1 Non-Circumvention; No Solicitation of Tombo Relationships

Recruiters acknowledge that the Services may introduce Recruiters to Tombo’s Partners/Clients, prospective Partners/Clients, job opportunities, hiring managers, and other commercial relationships (collectively, “Tombo Relationships”). Except as expressly authorized in writing by Tombo, Recruiters agree that during their use of the Services and for twelve (12) months thereafter, they will not directly or indirectly:

1. Circumvent Tombo to pursue, solicit, negotiate, or enter into any recruiting, staffing, placement, consulting, or similar commercial arrangement with any Tombo Relationship where the relationship, lead, opportunity, contact, or identification of the Tombo Relationship was obtained or derived from the Services or any Opportunity Information (including through copying or scraping job listings);
2. Represent or imply to any Tombo Relationship that the Recruiter is acting on behalf of Tombo, is a partner of Tombo, or has any agency authority; or
3. Use Opportunity Information obtained through the Services to compete with Tombo or divert business away from Tombo.

For clarity, this Section does not prohibit general advertisements not targeted at a specific Tombo Relationship, nor does it prohibit activity unrelated to information obtained through the Services. Tombo may seek injunctive relief for threatened or actual breach of this Section in addition to any other remedies available at law or in equity.

Nothing in this Section 9.1 restricts Recruiters from submitting Candidates through the Services for roles posted in the Services, which is the intended use of the platform.

If you download or use the Tombo Chrome extension (“Extension”):

• Use at your own risk. The Extension is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind.
• Third-party site rules. You are solely responsible for ensuring your use complies with the terms, policies, and applicable rules of any websites/apps you access while using the Extension.
• No liability. Tombo is not responsible for data loss, account bans, contractual disputes, lawsuits, damages, penalties, or any repercussions arising from Extension use.
• Data collection & use. Any data the Extension collects or generates while you use it (including metadata, interaction data, and information you choose to capture or submit) may be used by Tombo for data aggregation, recruiting, sales, marketing, analytics, and product improvement, consistent with the Privacy Policy.
• No security guarantee. You are responsible for device security and browser environment.
• Auto-updates. The Extension may update automatically.

If Tombo shares non-public information with you (including role details, Partner/Client needs, or platform roadmaps), you will keep it confidential and use it only to participate in the Services.

If you provide suggestions/feedback, you grant Tombo an unrestricted, perpetual right to use it without compensation.

Tombo may suspend or terminate your account and access at any time, with or without notice, for any reason (including suspected violations, compliance risk, suspected employer conflicts, or platform integrity). Upon termination, you must stop using the Services immediately. Provisions intended to survive will survive (including license grants, indemnities, limitations of liability, and dispute resolution).

THE SERVICES (INCLUDING ANY BOUNTY LISTINGS, MATCHING, AND POINTS) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TOMBO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

TOMBO DOES NOT GUARANTEE ANY HIRE, INTERVIEW, RESPONSE RATE, OR CANDIDATE OUTCOME; THAT ANY SUBMISSION WILL BE ACCEPTED OR PAID; OR THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• TOMBO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION.
• TOMBO’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) $100, OR (B) THE TOTAL AMOUNTS PAID BY TOMBO TO YOU IN THE 3 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You will defend, indemnify, and hold harmless Tombo and its officers, directors, employees, contractors, Partners/Clients, and agents from any claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to:

• your Submissions (including allegations of lack of consent/permission, privacy violations, or infringement);
• your breach of these Terms or law;
• any dispute with your employer, agency, or third party regarding your freelance recruiting activities; or
• your use of the Extension or any third-party site access while using it.

For avoidance of doubt, your indemnity obligations include any claims that you misappropriated or improperly disclosed employer, agency, or third-party data, or otherwise submitted data you did not own or have permission to submit.

15.1 Job Listing Misuse & Client Circumvention; Automated Access; Liquidated Damages; Injunctive Relief

Recruiters acknowledge that the Services may expose Recruiters to Tombo job opportunities, role requirements, hiring workflows, and in some cases Partner/Client-identifying signals (collectively, “Opportunity Information”). Recruiters agree they will not use Opportunity Information to bypass Tombo or to pursue Tombo Partners/Clients directly.

Accordingly, to the maximum extent permitted by law, if Tombo reasonably determines that a Recruiter has: (a) used any automated means (including scripts, bots, scraping tools, browser automation, or bulk extraction) to copy, harvest, or monitor Tombo job listings or Opportunity Information; (b) used Tombo job listings or Opportunity Information to identify, contact, solicit, or contract with any Tombo Partner/Client outside the Services; or (c) otherwise engaged in circumvention in violation of Section 9.1 (each, a “Listing Misuse Event”), then Tombo may, in addition to suspension/termination and any other remedies:

1. seek immediate injunctive and equitable relief to prevent or stop the Listing Misuse Event; and
2. recover liquidated damages as a reasonable pre-estimate of harm (and not as a penalty) in an amount equal to the greater of:
   • $10,000 per Listing Misuse Event; or
   • $1,000 per job listing copied, harvested, monitored, or used for circumvention (including attempted use), plus Tombo’s reasonable costs of investigation and remediation.

If a court determines any portion of this Section is unenforceable as written, the parties agree the court should modify and enforce the provision to the maximum extent permitted to effect the parties’ intent to provide a reasonable remedy for Listing Misuse Events.

Attorneys’ Fees. In any action arising out of or related to a Listing Misuse Event, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs.

Except for claims seeking injunctive relief for misuse of IP, unauthorized access, or Listing Misuse Events, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by AAA or JAMS under its applicable rules. The arbitration will be conducted in Hillsborough County, Florida (or by videoconference if Tombo agrees).

Class Action Waiver. You and Tombo agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Jury Trial Waiver. To the extent any dispute is in court, you waive any right to a jury trial.

Optional Arbitration Opt-Out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@tombo.ai (or the address posted on tombo.ai) with subject “Arbitration Opt-Out” and identifying your account. Opt-out applies only to this Section; all other Terms remain in effect.

These Terms are governed by the laws of the State of Florida, excluding conflict-of-laws rules, except that arbitration procedure is governed by the Federal Arbitration Act where applicable. For any permitted court proceedings, venue will be in state or federal courts located in Hillsborough County, Florida, and you consent to personal jurisdiction there.

Tombo may modify the Services, Bounty amounts/rules, Points rules, or these Terms at any time for any reason. Changes are effective upon posting or as otherwise stated. Continued use after changes constitutes acceptance. If you disagree, stop using the Services.

Assignment. Tombo may assign these Terms freely; you may not assign without Tombo’s written consent. Severability. If any provision is unenforceable, the remainder remains effective. Entire Agreement. These Terms and the Privacy Policy are the entire agreement regarding the Services. No Waiver. Failure to enforce is not a waiver.

This Policy applies to (a) Recruiters using the platform and Chrome extension and (b) Candidates whose information Recruiters submit.

Depending on context, Tombo may act as a controller/business (e.g., when we determine the purposes and means of processing for matching, analytics, marketing, and recruiting). Recruiters are responsible for ensuring they have lawful authority to disclose Candidate information to Tombo.

2.1 Information Recruiters Provide

• Account details (name, email, phone, authentication data).
• Professional profile details (specialization, preferences, performance metrics).
• Communications with Tombo (messages, support requests).

2.2 Information Recruiters Submit About Candidates

• Identity and contact information (name, email, phone, city/state, links).
• Resume/CV, work history, skills, notes, and other recruiting-relevant information.
• Submission metadata (role submitted for, timestamps, source tags, communication status).
• Verification signals (evidence of relationship/permission, if requested).

Do not submit sensitive personal data unless Tombo explicitly requests it for a defined purpose and you have explicit permission and a lawful basis.

2.3 Information Collected Automatically (Platform)

• Device/browser data, IP address, log files, usage activity, referral URLs.
• Cookies and similar technologies, subject to your settings and applicable law.

2.4 Chrome Extension Data (If You Install It)

Depending on your configuration and use, the Extension may collect or generate interaction metadata (e.g., clicks, page context, error logs) and content you choose to extract or submit. The Extension is intended to support recruiting workflows; you are responsible for your compliance with third-party website/app terms when using it.

• Operate the Services (accounts, security, fraud prevention, support).
• Evaluate and validate Submissions (deduplication, attribution, verification, bounty eligibility).
• Recruiting and matching (match Candidates to roles at Tombo and/or Partners/Clients).
• Improve and develop the platform (including analytics, benchmarking, and product development using automated tools).
• Sales and marketing (market the Services to Recruiters; and where permitted, notify Candidates about opportunities or Services).
• Compliance and legal (enforce Terms, protect rights and safety, comply with legal obligations).

Where applicable, we process personal data under one or more legal bases:

• Contract necessity (to provide the Services to Recruiters and administer the bounty program).
• Legitimate interests (recruiting/matching, platform integrity, fraud prevention, service improvement), balanced against individual rights.
• Consent (where required for certain marketing or cookies/trackers).
• Legal obligation (tax, accounting, compliance, law enforcement requests).

We may disclose information to:

• Partners/Clients to evaluate Candidates for opportunities or staffing needs.
• Service providers (hosting, analytics, security, communications, payment processing) under contractual protections.
• Professional advisors (legal, accounting) and for legal compliance.
• Corporate transaction counterparties (financing, merger, acquisition, or asset sale), subject to standard safeguards.

We do not commit to using Candidate data solely as a processor/service provider because the Services include independent uses such as platform improvement, matching, analytics, and marketing as described in this Policy.

We may disclose personal information to Partners/Clients and vendors for recruiting, matching, analytics, and marketing. Under California law, some disclosures may be considered “sharing” (e.g., for cross-context behavioral advertising) depending on how tracking is configured. Where required, we provide mechanisms to opt out of “sale” or “sharing,” opt out of targeted advertising, and exercise other rights described below. We will honor recognized opt-out preference signals where required by law.

We do not knowingly sell personal information of consumers under 16.

We retain information as long as reasonably necessary for providing the Services, recruiting/matching and maintaining a talent network, security and fraud prevention, and legal, tax, and dispute resolution purposes. Retention periods vary by context and may be extended where we have a legitimate need or legal obligation. We may de-identify or aggregate information and retain it longer.

We use reasonable administrative, technical, and physical safeguards designed to protect information. However, no system can be guaranteed 100% secure.

9.1 GDPR/EEA/UK Rights (Where Applicable)

Individuals may have rights to request access, correction, deletion, restriction, portability, objection, and withdrawal of consent where processing is based on consent.

9.2 California Rights (CCPA/CPRA)

California residents may have rights to know/access, delete, correct, obtain a copy, opt out of sale/sharing and targeted advertising where applicable, limit certain uses of sensitive personal information (if applicable), and not be discriminated against for exercising rights.

9.3 How to Exercise Rights

Submit requests at privacy@tombo.ai. We may verify your identity. Authorized agents may submit requests as permitted by law.

We may use automated tools to assist with matching, ranking, deduplication, fraud detection, and workflow efficiency. Where required by applicable law for certain jurisdictions or roles, we provide notices and other compliance steps related to automated employment decision tools.

If we transfer personal data internationally, we use appropriate safeguards such as contractual protections and, where applicable, standard contractual clauses or similar mechanisms.

The Services are not intended for children under 16, and we do not knowingly collect personal information from children.

We may update this Policy at any time. Changes are effective when posted on tombo.ai or otherwise made available in the Services. Continued use after posting constitutes acceptance.

Tombo Inc.
501 E Kennedy Blvd, Suite 1400
Tampa, FL 33602
Email: privacy@tombo.ai