Effective Date: October 9, 2026
Last Updated: October 9, 2026
Welcome to Corkyy! These Terms of Use ("Terms") constitute a legally binding agreement between Corkyy Inc. ("Corkyy," "we," "us," "our") and you, governing your access to and use of Corkyy's website, mobile applications, and services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. Privacy Policy: Our Privacy Policy (available at www.corkyy.com/privacy-policy) describes how we collect, use, and protect your personal information. By using the Platform, you consent to the practices described in our Privacy Policy. Entity Representation: If you use the Platform on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and your agreement to these Terms will be treated as the agreement of that entity. Agreement to Terms: By creating an account, accessing the Platform, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.
For purposes of these Terms, the following definitions apply: • "Applicant" means a user who applies for a job posted on the Platform. • "Attached Recruiter" means a recruiter who has been connected to a specific hiring user for particular jobs. Attached recruiters have access to view applicants, endorse candidates, and earn higher sourcing bonuses. • "Billing Manager" means a user designated by a company as authorized to view that company's Company Cash Jar and initiate withdrawals on the company's behalf. A company may designate multiple Billing Managers. • "Company" or "Hiring User" means a user or entity that posts jobs, manages applicants, and makes hiring decisions on the Platform. • "Company Cash Jar" means the company-level balance maintained on the Platform reflecting amounts credited to a company, including Lead Company Revenue Share earnings, pending withdrawal. • "Enterprise Manager" means a user at a Lead Company designated to manage the roster of Member Companies participating in an Enterprise Subscription. • "Designated Screener" means a recruiter assigned by a hiring user to a specific job to pre-qualify applicants, review applications, answer screening questions, and provide assessment notes to the hiring team. • "Endorsement" means a recommendation provided by an attached recruiter for a specific applicant, signaling confidence in the candidate's fit for a role. • "Feeder Jobs" means jobs that Corkyy posts on third-party job boards (such as LinkedIn and ZipRecruiter) to increase Platform activity and provide recruiters with additional opportunities to review and endorse candidates. • "Hire Reward" means the compensation paid to users who successfully screen, source, or endorse candidates who are hired through the Platform. • "Lead Company" means the company designated as the lead of an Enterprise Subscription or enterprise arrangement, through which Member Companies participate on the Platform. • "Lead Company Revenue Share" or "Revenue Share" means the discretionary program described in Section 14.D under which a Lead Company may earn a percentage of certain payments made to Corkyy by its Member Companies. • "Member Company" or "Participating Company" means a company participating in an Enterprise Subscription under a Lead Company. • "Platform" means Corkyy's website, mobile applications, and all related services, features, and content. • "Recruiter" means a user who helps companies find talent by sharing jobs, inviting candidates, endorsing applicants, and (when designated) screening applicants. • "Reward Pool" means a pool of funds distributed periodically among users based on platform activity, including endorsements, sourcing, and helping others find opportunities. • "Screener" means short form reference to a designated screener role. • "Screening" means the process of reviewing applicants, asking pre-defined questions, and providing assessment notes to hiring teams before candidates reach the interview stage. • "Sourcing" means referring a candidate to a job posting via a trackable Corkyy application link or direct invitation. • "User" means any individual or entity that accesses or uses the Platform, including job seekers, hiring users, and recruiters.
To use the Platform, you must: • Be at least 18 years of age or the age of majority in your jurisdiction; • Have the legal capacity to enter into binding contracts; • Not be prohibited from using the Platform under applicable laws; • Provide accurate, current, and complete information during registration; • Maintain the security and confidentiality of your account credentials. Corkyy reserves the right to verify your eligibility at any time and to suspend or terminate accounts that do not meet these requirements.
Corkyy Discretionary Access: Corkyy may, in its sole discretion, grant complimentary, promotional, trial, or free-tier access to select companies or users for testing, partnership, strategic, or promotional purposes. Such access is provided: • At Corkyy's sole discretion and invitation only • Without any user-initiated opt-in mechanism on the Platform • Subject to immediate termination without notice or cause • Without any guarantee of features, uptime, support, or continued availability No Entitlement to Free Access: Complimentary access does not create: • Any contractual right to continued free access • Any entitlement to upgrade, downgrade, or change access terms • Any liability on Corkyy's part for termination, suspension, or feature changes • Any obligation for Corkyy to provide notice, explanation, or alternative arrangements Immediate Termination Rights: Corkyy may immediately terminate complimentary access: • At any time, for any reason or no reason • Without prior notice or explanation • Without refund, compensation, or make-good provisions • Effective immediately upon notice (or without notice at Corkyy's discretion) Compliance with Terms: Users and companies with complimentary access must comply with all Terms of Use provisions. Failure to comply may result in immediate termination of access without appeal or recourse. Transition to Paid Subscription: Corkyy may require complimentary users to transition to paid subscriptions at any time. Failure to transition within the specified timeframe will result in immediate account suspension and job unpublishing.
Account Creation: You must create an account to access certain Platform features. You agree to provide accurate, current, and complete information during registration and to update such information promptly when it changes. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: • Use a strong, unique password; • Not share your account credentials with others; • Notify Corkyy immediately of any unauthorized access or security breach; • Accept responsibility for all activities conducted through your account, whether authorized or not. Account Termination: Corkyy reserves the right to suspend or terminate your account at any time, with or without notice, for violations of these Terms, fraudulent activity, abuse of Platform features, or any other conduct that Corkyy deems harmful to the Platform, other users, or Corkyy's business interests.
Communications and Email Preferences: When you create a Corkyy account, we turn on email notifications so you do not miss activity that matters to you. You control every category in your account's Email Preferences and can turn any of them off at any time. Account and security messages, such as password resets, are always sent. If you previously asked us to stop emailing an address (for example, by opting out of a recruiter invitation) and later create an account with that address, creating the account re-enables notifications under these preferences, which you can change at any time.
Corkyy provides a marketplace platform that connects job seekers, hiring users, and recruiters. The Platform facilitates: • Job posting and applicant tracking for hiring users; • Job searching and application submission for job seekers; • Referral and endorsement opportunities for recruiters; • Rewards and compensation for successful placements and platform activity.
Corkyy offers subscription-based access to Platform features: Corkyy Subscription ($100/month): • Unlimited job postings • Full applicant tracking and management tools • Access to recruiters (up to 100 recruiters per hiring user account) • Optional screener services for pre-qualifying applicants • Optional Hire Rewards to incentivize referrals and screening • Reward Pool participation for your jobs Legacy Plans: Some existing customers remain on legacy subscription plans that are no longer offered to new customers. Corkyy may, in its sole discretion, continue, modify, reprice, or migrate legacy plans to current plans, with reasonable advance notice of any pricing change. Legacy plan access does not create any entitlement to indefinite pricing or features. New customers subscribe to the Corkyy subscription plan at $100/month. Subscription Management: Subscriptions renew automatically on a monthly basis. You may cancel your subscription at any time from your company dashboard under Settings, or by contacting Corkyy support. Cancellation takes effect at the end of the current billing period. Upon cancellation, active jobs will be unpublished.
Recruiter Relationships: Hiring users may invite and connect with up to 100 recruiters per account, subject to recruiter availability and acceptance. Hiring users can invite recruiters through: • Direct invitation to individuals whose contact information they possess • Invitation to users available in the Recruiter Marketplace • Acceptance of recruiter-initiated connection requests Connection is subject to the recruiter's acceptance and continued participation. Recruiters connected to specific jobs become "attached recruiters" with access to view applicants, endorse candidates, and earn enhanced rewards. Recruiter Activities: Subject to maintaining an active recruiter relationship with a hiring user, recruiters may: • Share job links via trackable referral URLs • Send direct invitations to candidates • Endorse applicants they believe are qualified • Earn Hire Rewards and Reward Pool distributions based on successful placements and platform activity Access Levels: Recruiter access to job and applicant information depends on the recruiter's relationship to the job. Recruiters without an active relationship to a job may view job details and share the job but may not view its applicants, applicant counts, or job metrics. Attached recruiters receive expanded access, including applicant review and endorsement tools; designated screeners additionally receive screening tools for their assigned job. All access levels are features of the Platform, are conditioned on maintaining the corresponding active relationship, and may be granted, modified, or revoked by Corkyy or the hiring user at any time. Applicant information accessed through the Platform may be used solely for recruiting activity on the specific job through which it was accessed. Automatic Endorsements: When a recruiter invites a candidate through a direct Platform invitation and that candidate applies, the Platform may automatically record an endorsement by that recruiter for the applicant. Recruiters are responsible for the invitations they send and should invite only candidates they genuinely consider suitable. Voluntary Participation: The recruiter relationship is voluntary and does not create an employment, agency, partnership, or joint venture relationship between recruiters and hiring users or between recruiters and Corkyy.
Screener Role: Hiring users may designate one recruiter per job as the "designated screener" to pre-qualify applicants before they reach the hiring team. Screening Questions: Hiring users can create 1-10 custom screening questions (maximum 2,048 characters per question). These questions are presented to the designated screener during the screening process. Screening Workflow: When screening is enabled for a job and a designated screener is assigned, screening requests are automatically created when applicants apply. The screener reviews each applicant, answers screening questions, provides assessment notes (up to 5,000 characters), and marks screening as complete. Screening Completion Required: For a screened applicant to be eligible for screener Hire Reward distribution, the screening must be marked as complete by the designated screener before the hire occurs. The Screener share is paid to the screener who completed that screening, even if another screener is designated for the job when the hire happens. Screener Rewards: Screeners who successfully complete screening for hired candidates earn 40% of the gross Hire Reward (before platform fees). See Section 6.A for complete reward distribution structure. Voluntary Participation: The screener role is voluntary, assigned on a per-job basis, and does not create an employment, agency, or contractual relationship between the screener and Corkyy or the hiring company.
Screening Limitations and Disclaimers: No Employment Verification or Background Checks: The "screener" role and "screening" activities refer solely to pre-interview applicant review, assessment questions, and notes provided by designated recruiters. Corkyy does NOT: • Conduct background checks, criminal record searches, or employment verification • Verify applicant credentials, degrees, certifications, or work history • Confirm applicant identity, references, or contact information • Provide any guarantee of applicant qualifications, suitability, or honesty Hiring Company Responsibility: You are solely responsible for: • Conducting your own background checks, reference checks, and employment verification • Complying with FCRA and state background check laws if you conduct background screening • Verifying applicant credentials, work history, and qualifications independently • Making final hiring decisions based on your own investigation and judgment Screener Notes Are Not Verified: Screening notes, assessments, and recommendations provided by designated screeners are subjective opinions and have not been verified or endorsed by Corkyy. You rely on screener assessments at your own risk. No Liability for Hiring Outcomes: Corkyy is not liable for: • Negligent hiring, inadequate screening, or failure to detect applicant misrepresentation • Applicant performance, conduct, qualifications, or criminal history after hire • Screener errors, omissions, or negligent assessments • Compliance (or non-compliance) with employment verification or background check laws
Purpose: Corkyy posts select jobs on third-party job boards, including LinkedIn and ZipRecruiter, to increase platform activity and provide recruiters with additional opportunities to review and endorse candidates. Disclosure: Feeder Jobs are Corkyy-posted and clearly disclosed as such. These jobs are not created by individual users or recruiters but are shared by Corkyy to drive traffic and engagement on the Platform. No Sourcing Rewards for Direct Applications: Candidates who apply directly to Feeder Jobs via third-party job boards (without using a Corkyy referral link or invitation) do not generate sourcing rewards for recruiters.
Nonprofit Designation Request: Companies may request nonprofit designation by submitting a request through the Platform. Nonprofit status requires approval from Corkyy administrators and may be verified through tax-exempt status documentation (501(c)(3), charitable registration, etc.). Nonprofit Verification: Corkyy reserves the right to: • Request proof of nonprofit status (IRS determination letters, state registrations, etc.) • Deny nonprofit designation for any reason or no reason • Revoke nonprofit status at any time if verification fails or status changes • Conduct periodic re-verification of nonprofit status Volunteer Job Postings: Nonprofit-designated companies may post volunteer opportunities without Hire Reward fees. Volunteer positions must be genuinely unpaid or minimally compensated roles consistent with applicable volunteer labor laws. Prohibition on Nonprofit Misrepresentation: You may not: • Falsely claim nonprofit status to avoid Platform fees • Post paid positions as "volunteer" opportunities to circumvent Hire Rewards • Misrepresent your organization's tax-exempt status or charitable purpose • Use nonprofit designation for commercial advantage or fee avoidance Consequences of Misrepresentation: If Corkyy determines that you have misrepresented your nonprofit status or misused volunteer job postings: • Immediate revocation of nonprofit designation • Retroactive assessment of all unpaid Hire Reward fees for improperly posted jobs • Account suspension or permanent termination • Legal action to recover unpaid fees, plus damages and attorney's fees • Report to relevant tax authorities and regulatory bodies Volunteer Labor Law Compliance: You are solely responsible for ensuring volunteer job postings comply with all applicable labor laws, including FLSA volunteer exemptions, minimum wage requirements, and employment classification rules. Corkyy is not responsible for your labor law compliance.
Early Access Features: Corkyy may offer beta, experimental, or early-access features to select users for testing and feedback purposes. Beta features are provided: • "AS IS" without warranties of any kind • With no guarantee of continued availability or eventual public release • Subject to bugs, errors, data loss, or unexpected behavior • Without support, SLA, or uptime guarantees • With the right to immediate removal, modification, or termination without notice No Liability for Beta Features: Corkyy is not liable for: • Data loss, corruption, or unavailability resulting from beta feature use • Business interruptions, lost productivity, or lost opportunities • Feature changes, removal, or discontinuation • Reliance on beta features for production or critical business processes Beta User Obligations: By using beta features, you agree to: • Provide feedback and bug reports to Corkyy • Not rely on beta features for critical business functions • Accept that beta features may be removed at any time • Keep beta feature details confidential unless publicly announced by Corkyy Graduation to Production: Corkyy reserves the right to transition beta features to paid-tier features, restrict access, or discontinue features entirely. Beta access does not guarantee future access to production versions.
Hire Reward Platform Fee: Corkyy charges a 15% platform fee on all Hire Rewards before distribution to screeners, endorsers, and sourcers. This fee covers platform operation, transaction processing, fraud prevention, and customer support. Reward Pool Distributions: No platform fee is charged on Reward Pool distributions. Users receive 100% of their allocated Reward Pool earnings, subject only to standard payout processing fees.
Minimum Withdrawal: Users must maintain a minimum Cash Jar balance of $10.00 to initiate a payout. Payout Processing Fee: A fee of 3% + $3.00 per transaction is charged on all cash payouts to cover Stripe processing costs and administrative overhead. Example: A $100 payout incurs a fee of $6.00 (3% × $100 + $3.00), resulting in a net payout of $94.00 to the user. No Guaranteed Payment Dates: Corkyy does not guarantee any specific timeline for payments. Payout processing depends on multiple factors, all subject to delay without notice or compensation. Processing Steps and Estimated Timelines: 1. Minimum Balance Requirement: $10.00 must accrue in Cash Jar (no maximum wait time) 2. Stripe Account Verification: 3-7 business days for new accounts or reverification 3. Tax Documentation Validation: 2-5 business days to verify 1099-NEC capability and compliance 4. Transfer Initiation: 1-2 business days after payout request approved 5. Bank Processing: 1-3 business days for funds to appear in your bank account 6. Failed Transfer Investigation: 5-10 business days for administrative review and retry Total Estimated Timeline: Payment processing may take 12-27 business days from earnings accrual to bank deposit. This is an estimate only and not a guarantee. Factors Causing Additional Delays: • Bank holidays, weekends, and payment processor scheduled maintenance • Identity verification failures or mismatches (Stripe, IRS, SSN/EIN issues) • Suspicious activity flags triggering fraud review (see Section 6.E) • Technical issues, system outages, or database failures • Regulatory compliance holds or tax authority requests • Manual administrative review for high-value payouts (>$5,000) No Interest on Held Funds: Earnings held in your Cash Jar do not accrue interest. Corkyy is not liable for opportunity costs, inflation impacts, currency fluctuations, or any economic losses resulting from processing delays.
Valid Payment Method: Hiring users must maintain a valid payment method on file to access subscription services and post jobs, unless the company is covered by an enterprise agreement. By providing a payment method, you authorize Corkyy to charge subscription and other recurring platform fees incurred through your use of the Platform. Hire Rewards are never charged to a payment method automatically. Corkyy invoices a Hire Reward whether or not a payment method is on file, and the company may pay that invoice with a card on file or by any other method Corkyy offers. Failed Payments: If a payment fails or becomes past due, Corkyy may: • Suspend your account and unpublish active jobs until payment is resolved; • Pursue collection of past-due amounts, including reasonable late fees and collection costs; • Terminate your account for repeated payment failures. Payment Responsibility: You are responsible for all charges incurred under your account, including unauthorized charges resulting from failure to secure your account credentials.
When a candidate is hired through the Platform, Hire Rewards are distributed based on whether screening was completed: These roles are open to any user, including a company's own hiring users on that company's jobs. Being a hiring user at the company does not change what they earn. WITH SCREENER (Screening Completed): When a hired applicant was screened by a designated screener who marked screening as complete before the hire: • Screener (Designated Screener who completed screening): 40% of gross Hire Reward • Endorser (Attached Recruiter who endorsed): 35% of gross Hire Reward • Sourcer (Attached Recruiter who referred): 25% of gross Hire Reward • Sourcer (Unattached Recruiter who referred): 12.5% of gross Hire Reward • Sourcer (Regular User, not a recruiter, who referred): 6.25% of gross Hire Reward The Screener share goes to the screener who completed the screening, whether or not they are still the job's designated screener when the hire happens. SCREENER JOB, SCREENING NOT COMPLETED: When a job has a designated screener but screening was not completed for the hired applicant, only 60% of the Hire Reward is distributed, and the hiring company pays only 60% of the stated Hire Reward amount: • Endorser (Attached Recruiter who endorsed): 35% of gross Hire Reward • Sourcer (Attached Recruiter who referred): 25% of gross Hire Reward • Sourcer (Unattached Recruiter who referred): 12.5% of gross Hire Reward • Sourcer (Regular User, not a recruiter, who referred): 6.25% of gross Hire Reward • Company Savings: 40% of gross Hire Reward (not charged to company) NO SCREENER ON THE JOB (a Sweetener): A Hire Reward on a job with no designated screener is called a Sweetener. The hiring company pays the full stated Hire Reward. Where the Sweetener is open to everyone, it is shared between the people who helped: • Endorser (Attached Recruiter who endorsed): 55% of gross Hire Reward • Sourcer (Attached Recruiter who referred): 45% of gross Hire Reward • Sourcer (Unattached Recruiter who referred): 22.5% of gross Hire Reward • Sourcer (Regular User, not a recruiter, who referred): 11.25% of gross Hire Reward Where the Sweetener is aimed at a team, the whole reward goes to the people on that team who helped. If one of them helped, they earn all of it. If two did, it is shared 55% and 45%. There is no 40% reduction on a Sweetener, because there is no screener share to refund. Platform Fee: Corkyy charges a 15% platform fee from each participant's gross share. The platform fee is deducted from individual earnings, not from the total Hire Reward amount. Unearned shares: Where no one fills a role, or a sourcer qualifies at a reduced tier above, the share nobody earns is retained by Corkyy. The 40% screener share is the exception: on a job with a designated screener where screening was not completed, it is refunded to the company rather than retained. Company Savings Clarification: On a job with a designated screener where screening was not completed, the 40% screener share is NOT distributed and is NOT retained by Corkyy; it represents a cost savings to the hiring company. The company pays only 60% of the stated Hire Reward, creating an incentive to utilize screening services. Example 1 - Screened Hire ($12,000 Hire Reward): • Screener gross: $4,800 (40%) → Net: $4,080 (after 15% platform fee) • Endorser gross: $4,200 (35%) → Net: $3,570 (after 15% platform fee) • Sourcer gross: $3,000 (25%) → Net: $2,550 (after 15% platform fee) • Total distributed: $12,000 (100%) • Company pays: $12,000 • Corkyy revenue: $1,800 (platform fees, 15% of distributed amount) Example 2 - Unscreened Hire ($12,000 Hire Reward): • Endorser gross: $4,200 (35%) → Net: $3,570 (after 15% platform fee) • Sourcer gross: $3,000 (25%) → Net: $2,550 (after 15% platform fee) • Total distributed: $7,200 (60%) • Company pays: $7,200 (saves $4,800 compared to screened hire) • Corkyy revenue: $1,080 (platform fees, 15% of distributed amount) Example 3 - Sweetener, no screener on the job ($12,000 Hire Reward): • Endorser gross: $6,600 (55%) → Net: $5,610 (after 15% platform fee) • Sourcer gross: $5,400 (45%) → Net: $4,590 (after 15% platform fee) • Total distributed: $12,000 (100%) • Company pays: $12,000 Triple-Dipping Allowed: A recruiter may earn screener, endorser, and sourcer rewards for the same hire if they perform all three roles (screen, endorse, and refer the same candidate).
Hire Reward payments are not eligible for release until: • The hire is verified by Corkyy through administrative review; • Any applicable waiting or verification period has elapsed, which typically includes a minimum forty-five (45) day period for full-time roles, though Corkyy reserves sole discretion to adjust verification periods based on fraud prevention, payment verification, employment status confirmation, or other operational requirements; • The hiring user has fulfilled all payment obligations related to the hire; • No fraud, dispute, or policy violation is identified. Administrative Discretion: Corkyy may extend, shorten, waive, or modify waiting periods on a case-by-case basis without notice based on factors including but not limited to: hiring user payment history, fraud risk assessment, employment verification complexity, dispute resolution processes, or platform integrity considerations. Verification timing is not guaranteed and is subject to Corkyy's operational capacity and review requirements.
Refunds may be available for full-time Hire Rewards if the hired individual resigns voluntarily or is terminated for cause typically within thirty (30) days of their start date, subject to Corkyy's verification and administrative review. Refund Process: All refund requests require submission to Corkyy with supporting documentation including termination date, termination reason, and employment verification. Corkyy reserves sole discretion to approve or deny refund requests based on factors including but not limited to: documentation completeness, timing verification, termination circumstances, hiring user payment status, fraud prevention, and platform policy compliance. Refund timing windows may be adjusted on a case-by-case basis. Refund processing time varies based on administrative review requirements and may take several weeks. Refunds Do Not Apply To: • Reward Pool distributions; • Part-time roles; • Contract roles; • Freelance engagements; • Recurring percentage-based non-full-time arrangements.
Corkyy will make reasonable efforts to track and honor a six-month protection window for Hire Reward attribution. If a candidate who was referred or endorsed through the Platform is hired by the same company within six months of their initial application or referral, the original sourcer and/or endorser may be eligible for Hire Reward credit. Limitations: This protection window is manually tracked and represents Corkyy's best-effort commitment. Off-platform hiring activity may not be detected, and Corkyy cannot guarantee attribution for hires that occur outside the Platform's tracking systems.
Corkyy reserves the right to withhold, delay, or deny any Hire Reward or Reward Pool payment at any time, for any reason, including but not limited to protecting platform integrity, preventing fraud, complying with legal obligations, or conducting administrative reviews. Withholding Triggers (Non-Exhaustive List): • Suspicious referral patterns (high velocity, circular referrals, unnatural clustering) • Identity verification failures or account information mismatches • Tax compliance issues (missing 1099 setup, invalid EIN/SSN, unverified tax status) • Payment processor risk flags (Stripe compliance holds, anti-money laundering reviews) • Manual administrative review for rewards exceeding $5,000 in a single transaction • Investigation of hire authenticity, employment verification, or candidate legitimacy • Disputed hires, ongoing investigations, or conflicting claims from multiple parties • Violation of Platform policies, suspicious account activity, or Terms violations • Repeated payout failures, chargebacks, or banking issues • Legal holds, court orders, tax liens, or government agency requests Hold Procedures: • Minimum Hold Duration: 24-48 hours for automated fraud screening and risk assessment • Extended Holds: Up to 30 days (or longer) for manual investigation, legal review, or complex disputes • No Guaranteed Timeline: Resolution timing is not guaranteed and depends on investigation complexity • No Notification Requirement: Corkyy may withhold payments without prior notice or explanation • No Appeal Rights: Fraud determinations and withholding decisions are final with no appeal process Administrative Discretion: Corkyy administrators have full authority to hold, delay, deny, or reverse any payment based on their sole judgment. Administrative decisions are final and binding. User Acknowledgment: You acknowledge and agree that: • Payment timing is never guaranteed • Corkyy may withhold payments indefinitely if fraud or policy violations are suspected • No interest, penalties, or compensation accrues during payment holds • Corkyy has no obligation to explain withholding reasons • You waive any claims related to payment delays or withheld funds (subject to liability limits in Section 16)
Settlement-First Distribution: Corkyy distributes Hire Reward earnings only after the hiring company's corresponding payment to Corkyy has been received and has fully settled (cleared without reversal through Corkyy's payment processor), and after any applicable verification, waiting periods, and administrative approval described in this Section 6. Amounts that appear in dashboards, notifications, or estimates before distribution are informational only and do not constitute credited earnings. Pre-Distribution Disputes: If a hire is disputed BEFORE Corkyy processes and distributes Hire Reward earnings to endorsers, sourcers, or screeners, Corkyy reserves the right to cancel the reward distribution entirely. In this scenario, all user earnings related to that hire are forfeited with no compensation owed. Post-Distribution Policy - No Clawbacks as Default: Once Corkyy has distributed Hire Reward earnings to users' Cash Jars and marked the distribution as "Payments Processed," Corkyy's policy and firm intention is not to reverse, claw back, or reclaim those funds, and to absorb ordinary post-settlement reversals at Corkyy's own cost. In the ordinary course, Corkyy will not reverse credited earnings even if: • The hiring company later receives a full or partial refund • The hired candidate is terminated within the 30-day refund window • The company disputes the quality, performance, or fit of the hire • The company files for bankruptcy or becomes insolvent • The hire was made in error or based on false information Extraordinary Circumstances Reservation: Notwithstanding the foregoing, Corkyy reserves the right, in extraordinary circumstances and at its sole discretion, to adjust, offset against future earnings, or recover credited or withdrawn amounts, including where: • Fraud, collusion, or material misrepresentation is discovered or reasonably suspected • A court order, law, regulation, tax authority, or payment processor requirement compels it • A manifest error occurred, such as a duplicate credit, miscalculation, or credit to the wrong account • Recovery is reasonably necessary to protect the integrity, solvency, or lawful operation of the Platform Corkyy will exercise this reservation sparingly and in good faith. The Corkyy platform does not maintain routine earnings-reversal machinery; any recovery under this reservation is handled administratively on a case-by-case basis, and Corkyy's determination is final per Section 6.G. Client Non-Payment or Payment Failure: If the hiring company fails to pay Corkyy for a Hire Reward (unpaid invoice, insufficient funds, account closure, bankruptcy), all user earnings related to that hire are forfeited. Corkyy is under no obligation to pay users from its own funds or pursue collection on users' behalf. Fraud Exception: In cases of proven fraud (fake hires, collusion, identity theft, falsified employment records), Corkyy reserves the right to: • Pursue legal action to recover distributed funds • Report fraudulent users to law enforcement and regulatory authorities • Permanently ban users and block future Platform access • Seek damages, restitution, and attorney's fees However, Corkyy makes no guarantee of successful recovery. Users engaged in fraud remain liable regardless of recovery outcomes. Your Explicit Agreement: By participating in Hire Rewards or Reward Pool programs, you explicitly acknowledge and agree that: 1. All payments are contingent on the hiring company's payment to Corkyy 2. Pre-distribution disputes may result in complete forfeiture of earnings 3. Post-distribution clawbacks will not occur in the ordinary course, subject to the Extraordinary Circumstances Reservation above 4. You bear the full risk of client non-payment, disputes, refunds, and fraud occurring before distribution 5. Corkyy owes you nothing if the hiring company fails to pay or disputes the hire before distribution 6. No appeals, exceptions, or accommodations will be made for forfeited earnings
Admin Authority: Corkyy administrators have complete, unrestricted authority to: • Hold, delay, approve, deny, or modify any payment at their sole discretion • Manually review hires, applications, referrals, and endorsements before approving reward distribution • Require additional verification, documentation, or proof of employment at any time • Change payment status, distribution amounts, or beneficiary allocations without prior notice • Override automated verification systems, approval workflows, or policy exceptions • Investigate suspicious activity, fraud allegations, or Terms violations • Make final determinations on disputes, eligibility, or policy interpretations No Notification Requirement: Corkyy is not required to notify users of: • Administrative holds or manual reviews • Reasons for payment delays or denials • Investigation status or outcomes • Policy interpretations or discretionary decisions • Changes to payment status or distribution allocations Payment status may change without explanation at any time. No Appeal Process: Administrative decisions are final and binding. There is no appeal process, escalation path, or reconsideration mechanism for: • Payment holds, delays, or denials • Verification failures or documentation rejections • Fraud determinations or policy violation findings • Manual review outcomes or eligibility decisions • Distribution amount calculations or beneficiary allocations Timing Discretion: Administrators may take as long as necessary (days, weeks, or months) to complete reviews. No timeline guarantees or status updates are provided.
Monthly Structure for Non-Full-Time Hires: For hourly, contract, part-time, and other non-full-time hires on jobs with a Hire Reward, rewards are earned on a recurring monthly basis rather than as a single payment: • The hiring company is invoiced monthly in arrears for each month the hired individual actually worked; • Corresponding user rewards accrue month by month and are released only after the company's payment for that month has been received and fully settled, subject to the verification, fraud prevention, and administrative review provisions of this Section 6; • If the hired individual stops working, monthly invoicing and reward accrual stop with the last month worked. Nineteen-Month Cap: Monthly invoicing and reward accrual for any single non-full-time hire are capped at nineteen (19) distinct worked months. No rewards accrue for months beyond this cap. Company Reporting Obligation: Hiring companies must promptly and accurately report the end of a hired individual's engagement, and any change materially affecting monthly amounts. Corkyy may verify employment status at any time. Misreporting to avoid or reduce monthly obligations is a violation of these Terms and may result in retroactive assessment, account suspension, and legal action. No Refunds: Consistent with Section 6.C, refunds do not apply to non-full-time arrangements. Each monthly amount reflects work actually performed in the prior month. Discretion: Corkyy reserves sole discretion over invoicing cadence, verification requirements, proration for partial months, and the handling of gaps in work, disputes, or late reporting.
The Reward Pool distributes funds among active Platform users based on qualifying activities during a defined distribution period. Reward Pool distributions are separate from Hire Rewards and do not require a successful placement. Current Reward Pool Framework: Reward Pool amounts, tier structures, point allocations, qualification criteria, and payout calculations are displayed in your Rewards Dashboard and may be modified at Corkyy's sole discretion without amendment to these Terms. Tier Structure: The Reward Pool is divided into tiers based on user roles and activities. Current tier details, including percentage allocations and qualification rules, are available in your Rewards Dashboard.
Reward Pool distributions are typically processed on a weekly basis, subject to verification, fraud review, system validation, operational considerations, platform participation levels, and administrative review. Corkyy reserves the right to adjust distribution frequency, timing, or amounts at its sole discretion without prior notice. Distribution schedules may vary based on reward pool size, activity volume, fraud prevention measures, technical requirements, or other factors deemed necessary by Corkyy for platform integrity and user protection. Administrative Flexibility: While Corkyy strives to maintain regular distribution intervals, users acknowledge that distribution timing is not guaranteed and may be modified, delayed, consolidated, or suspended as Corkyy determines appropriate for operational, technical, or compliance purposes.
Hire Rewards and Reward Pool activity points are awarded only for trackable sourcing and referral activities. Corkyy recognizes the following attribution methods: • Trackable Application Links: Unique referral URLs generated through the Platform that track when candidates click, view, and apply to jobs. • Direct Invitations: Invitations sent through the Platform to specific candidates via email or in-app messaging. No Credit for Non-Trackable Activity: Activities that cannot be tracked by Platform systems (such as word-of-mouth referrals, offline recommendations, or applications submitted outside the Platform) do not qualify for Hire Rewards or Reward Pool points.
Corkyy employs automated and manual fraud prevention measures to ensure the integrity of attributions, rewards, and platform activity. Corkyy reserves the right to: • Withhold, delay, or deny rewards for suspicious activity; • Require additional verification before releasing payments; • Investigate referral patterns, application sources, and hiring outcomes; • Suspend or terminate accounts engaged in fraudulent or abusive behavior.
You agree not to use the Platform to post, transmit, or otherwise make available any content or engage in any conduct that: • Violates any applicable federal, state, local, or international law or regulation; • Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party; • Constitutes unauthorized advertising, promotional materials, spam, or unwanted solicitation; • Contains software viruses, malware, or any other code designed to interrupt, destroy, or limit the functionality of any computer software or hardware; • Impersonates any person or entity or falsely states or misrepresents an affiliation with a person or entity; • Attempts to circumvent Platform fees, scrape data, or interfere with the proper functioning of the Platform; • Reverse engineers, decompiles, disassembles, or attempts to derive source code from the Platform; • Uses automated scripts, bots, scrapers, or crawlers to extract data from the Platform; • Accesses the Platform through any interface other than the official web and mobile applications; • Probes, scans, or tests vulnerabilities of the Platform or circumvents security measures; • Interferes with or disrupts Platform servers, networks, or services; • Forges headers, manipulates identifiers, or otherwise disguises the origin of any communication; • Accesses data not intended for you or attempts to breach security or authentication measures; • Uses the Platform to develop, train, or improve competing products or services; • Creates derivative works, competing services, or clone functionality based on the Platform; • Benchmarks the Platform or publishes performance comparisons without written consent; • Attempts to gain unauthorized access to any portion of the Platform, user accounts, or systems. Immediate Termination: Violation of these prohibitions will result in immediate account termination, legal action, and pursuit of damages including attorney's fees and costs of investigation. Reporting Vulnerabilities: If you discover a security vulnerability, you must report it to help@corkyy.com immediately. Unauthorized exploitation, disclosure, or use of vulnerabilities for any purpose is strictly prohibited.
Corkyy reserves the right, but has no obligation, to monitor, review, edit, or remove any user content at any time and for any reason, including content that violates these Terms, is harmful to other users, or is otherwise objectionable.
Users are responsible for maintaining their own backups of any content they submit to the Platform. Corkyy is not a backup service and does not guarantee the availability, integrity, or recovery of user content. Corkyy is not liable for any loss, corruption, or deletion of user content.
Authorized Data Export: Companies with volunteer job postings may export applicant data in CSV format for legitimate recruiting and hiring purposes only. Export Limitations: • Maximum 10 CSV exports per hour per user • Export includes applicant names, contact information, work history, and application details • All exports are logged and auditable by Corkyy administrators Data Protection Obligations: By exporting applicant data, you explicitly agree to: • Use exported data solely for the specific job posting from which it was exported • Comply with all applicable data protection laws (GDPR, CCPA, etc.) • Implement reasonable security measures to protect exported data • Not sell, share, or distribute applicant data to third parties without consent • Delete exported data within 180 days of job closure or hire completion • Immediately delete exported data if requested by the applicant Prohibition on Misuse: You may not: • Use exported data for marketing, solicitation, or commercial purposes unrelated to hiring • Share exported data with entities not directly involved in the hiring decision • Merge exported data with other databases or contact lists • Retain exported data indefinitely or for purposes beyond the original job posting Corkyy Liability Limitation: Corkyy is not responsible for: • How you use, store, or protect exported applicant data after download • Data breaches, unauthorized access, or misuse of exported data in your possession • Your compliance (or non-compliance) with data protection regulations • Applicant claims arising from your handling of exported data Indemnification: You agree to indemnify and hold Corkyy harmless from any claims, lawsuits, fines, or penalties arising from your misuse, mishandling, or unauthorized disclosure of exported applicant data. Revocation of Export Privileges: Corkyy may immediately revoke your data export privileges without notice if we suspect misuse, data protection violations, or security breaches.
The Platform, including its software, design, features, trademarks, logos, and content (excluding user-generated content), is owned by Corkyy and protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Platform without Corkyy's prior written consent.
By submitting content to the Platform (including job postings, profiles, messages, and endorsements), you grant Corkyy a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the Platform and Corkyy's business operations. This license continues even if you stop using the Platform, except for content you delete from your account. However, content that has been shared with others may continue to appear if they have not deleted it.
Corkyy respects the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide Corkyy's Copyright Agent with the following information: • A physical or electronic signature of the copyright owner or authorized representative; • Identification of the copyrighted work claimed to have been infringed; • Identification of the material that is claimed to be infringing and information sufficient to locate the material on the Platform; • Your contact information (address, telephone number, and email address); • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; • A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. Copyright Agent Contact: Email: help@corkyy.com Upon receipt of a valid takedown notice, Corkyy will investigate and take appropriate action, including removing or disabling access to the allegedly infringing material.
Users of the Platform, including recruiters, job seekers, and hiring users, are independent contractors and not employees, agents, partners, or joint venturers of Corkyy. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship. No Benefits: Users are not entitled to employee benefits, including health insurance, retirement benefits, unemployment compensation, or workers' compensation. Tax Responsibility: Users are solely responsible for all taxes, withholdings, and filings related to their use of the Platform and any compensation received. Corkyy will issue IRS Form 1099-NEC or other tax documents as required by law.
Company Protection from User Claims: Hiring companies are not liable for any claims, disputes, demands, or legal actions made by recruiters, screeners, sourcers, endorsers, or any other Platform users related to: • Hire Rewards, Reward Pool distributions, or any Platform compensation • Payment disputes, withheld earnings, or forfeited funds • Employment status, independent contractor classification, or benefits • Referral attribution, endorsement credit, or sourcing disputes • Platform access, account termination, or policy violations All Payment Obligations Run Through Corkyy: Payment obligations exist exclusively between Corkyy and individual users. Users may not pursue direct claims against hiring companies for unpaid Hire Rewards, disputed attributions, or any Platform-related compensation. Corkyy Collection Efforts - Best Efforts Only: Corkyy will make commercially reasonable efforts to collect payment from hiring companies for Hire Rewards when they become due. However, Corkyy: • Makes no guarantee of successful collection • Is not liable if companies fail to pay or dispute charges • May suspend or terminate collection efforts at its discretion • Is not obligated to pursue legal action or enforce payment If a company fails to pay, user earnings are forfeited (see Section 6.F). No Direct User-to-Company Claims: Recruiters, screeners, sourcers, endorsers, and all Platform users expressly waive any right to pursue direct claims, demands, liens, or legal actions against hiring companies for unpaid Hire Rewards or Platform compensation. All disputes must be resolved exclusively through Corkyy's dispute resolution process (see Section 18.E). Indemnification: Users agree to indemnify and hold harmless hiring companies from any claims, disputes, or legal actions arising from the user's participation in Hire Rewards, Reward Pool, or any Platform compensation programs.
Corkyy's Privacy Policy governs the collection, use, and disclosure of your personal information. By using the Platform, you consent to Corkyy's data practices as described in the Privacy Policy. Where your application goes: When you apply to a job on Corkyy, your application and the information in it may be sent to the company that posted the job and to the systems that company uses to receive applications, such as an applicant tracking system. We send it for that application and nothing else. Some companies receive applications on their own forms, and where a company has authorized it, Corkyy may fill in that form on your behalf using the information you gave us. Whose systems these are: Those systems belong to the company, not to Corkyy. What the company and its systems do with your application is governed by their terms, not ours. Data Security: Corkyy employs reasonable security measures to protect your information, but no system is entirely secure. You acknowledge that internet transmissions are never completely private or secure, and any messages or information you send to the Platform may be intercepted by others. Electronic Notices: You consent to receive notices electronically via email or Platform notifications.
18-Month Non-Circumvention Period: Companies may not engage users or recruiters for hiring, recruiting, talent acquisition, human resources, or related services if the relationship originated through Corkyy, for a period of eighteen (18) months following the last contact via the Platform. Fee for Circumvention: If such engagement occurs within the eighteen (18) month period, the company shall owe Corkyy a fee equal to ten percent (10%) of the total compensation paid to the user or recruiter during that period. Purpose: This provision protects Corkyy's investment in connecting users and companies and ensures the sustainability of the Platform's business model.
Custom Enterprise Agreements - Off-Platform Contracts: Corkyy may negotiate and execute custom Enterprise Agreements with select companies outside the Platform. When a written Enterprise Agreement is executed by both parties and explicitly states that it supersedes these Terms of Use: • The Enterprise Agreement governs all matters covered in that agreement • These Terms of Use continue to apply to all matters not addressed in the Enterprise Agreement • In the event of conflict between the Enterprise Agreement and these Terms, the Enterprise Agreement controls • Enterprise Agreements are confidential and not disclosed to other users Scope Limitation - User Protections Preserved: Enterprise Agreements (whether off-platform or on-platform) may NOT waive, modify, or limit provisions protecting individual users (recruiters, screeners, sourcers, endorsers, applicants), including but not limited to: • Arbitration procedures (Section 18) • Limitation of liability protections (Section 16) • Independent contractor status (Section 11) • Payment dispute resolution (Section 18.E) Sales Team Authority Limitation: Corkyy's sales team, account managers, and business development representatives have NO authority to modify these Terms or waive user protections in pursuit of enterprise contracts. Only written agreements executed by authorized Corkyy officers are binding. User Protection Rationale: This limitation ensures that Corkyy cannot compromise legal protections, liability structures, or dispute resolution mechanisms for individual users in pursuit of large enterprise deals.
On-Platform Enterprise Subscriptions: Companies participating in Enterprise Subscriptions managed through the Platform (enterprise billing, multi-company subscriptions, bulk pricing) are subject to these standard Terms of Use unless a separate written Enterprise Agreement explicitly states otherwise. An Enterprise Subscription connects a Lead Company with one or more Member Companies. Enterprise Subscription pricing, capacity limits, qualifying features, and program availability are set by Corkyy and may be changed by Corkyy at its discretion. Management Authority: Enterprise Subscriptions may be managed by Corkyy Super Users, assigned Corkyy Partners, and Enterprise Managers designated at the Lead Company. Enterprise Managers may add and remove Member Companies, create company profiles individually or in bulk, and monitor participation and usage. Enterprise Managers may be designated by Corkyy staff, a Corkyy Partner, or an existing Enterprise Manager. Company administrators who are not Enterprise Managers cannot modify, cancel, or adjust Enterprise Subscription terms. Enterprise Manager Representations: By acting as an Enterprise Manager, you represent and warrant that: • You are authorized by the Lead Company to manage the Enterprise Subscription and to bind the Lead Company with respect to actions you take on the Platform; • Information you submit when creating or adding companies (including bulk uploads) is accurate and provided with the authority or consent of the businesses concerned; • You will not create company profiles for businesses that have not authorized participation or that do not exist. Corkyy may rely on the instructions and actions of designated Enterprise Managers as the authorized acts of the Lead Company. Member Company Acceptance: Member Companies added to an Enterprise Subscription are bound by these Terms upon accessing or using the Platform. If a company profile is created on a business's behalf and that business does not wish to participate, it may decline or request removal by contacting help@corkyy.com; unclaimed and unused profiles create no obligations for that business. Removal and Grace Period: When a Member Company is removed from an Enterprise Subscription, its users typically retain access for a thirty (30) day grace period, after which access ends unless the company subscribes independently. Grace period length, availability, and any re-addition restrictions are set by Corkyy and may be adjusted, shortened, or withdrawn at Corkyy's discretion, including for policy violations or non-payment.
Lead Company Visibility: As part of an Enterprise Subscription, the Lead Company (through its Enterprise Managers and other authorized users) may view information about its Member Companies, including roster and participation status, usage and capacity information, and company-level analytics such as job volume, hiring outcomes, screener performance, endorsement activity, and similar aggregated metrics. Member Company Consent: By participating in an Enterprise Subscription, each Member Company consents to this company-level visibility for the Lead Company and its authorized users, and to Corkyy's processing of the underlying data to provide it. Person-Level Privacy Protection: Lead Company views associated with the Revenue Share program (Section 14.D), including Company Cash Jar activity and earnings statements, do not include person-level hiring details, such as the identity of hired individuals or the roles they were hired for. Analytics available to Lead Companies are aggregated at the company level. Corkyy may further limit, adjust, or redact information available to Lead Companies at any time. Use Limitation: Lead Companies and their authorized users may use Member Company information solely to administer their enterprise arrangement and for legitimate internal reporting. Member Company information may not be sold, published, or used to compete with, solicit against, or disadvantage a Member Company. No Warranty: All visibility features and analytics are provided for informational purposes only, "AS IS," without warranty of accuracy or completeness, and may be modified or discontinued at any time.
Discretionary Program: The Lead Company Revenue Share is a discretionary program that Corkyy may offer as part of select enterprise arrangements. Participation exists only where Corkyy has activated it for a specific Lead Company. There is no self-service enrollment, and nothing in these Terms entitles any company to participate, to any particular percentage, or to continued participation. Share Percentage: Where activated, Corkyy sets the Revenue Share percentage for the arrangement, which will not exceed five percent (5%) of qualifying gross amounts. Corkyy may set, adjust, or reduce the percentage (including to zero) at its discretion, with prospective effect only. Qualifying Payments: Corkyy determines which payments qualify for Revenue Share. Qualifying payments are limited to amounts actually received by Corkyy through the Platform from the Lead Company's Member Companies (which may include the Lead Company's own payments) for qualifying upgrades or services, as designated by Corkyy. The following do not qualify: • Payments made before the Revenue Share was activated for the arrangement (no retroactive accrual); • Payments made during a Member Company's post-removal grace period; • Payments that fail, are refunded, or are reversed before settlement; • Any payment or category of payment that Corkyy has not designated as qualifying. Accrual and Settlement: Revenue Share accrues only after the underlying Member Company payment has been received by Corkyy and has fully settled. Corkyy's records are controlling for all Revenue Share calculations. No Added Cost to Member Companies: Revenue Share amounts are paid by Corkyy out of amounts Corkyy receives. Member Companies are not charged more because a Revenue Share exists. Member Companies participating in an arrangement with an active Revenue Share will receive a monthly statement identifying shares attributable to their payments. Program Changes: Corkyy may modify, suspend, or terminate the Revenue Share program, or any company's participation in it, at any time with prospective effect. Amounts already credited to a Company Cash Jar are not affected by prospective program changes. Nature of the Program: The Revenue Share does not create a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between Corkyy and any company, and does not constitute a security, deposit, loan, or investment. It is a contractual revenue-sharing arrangement governed solely by these Terms and any applicable Enterprise Agreement.
Crediting: Amounts earned by a company, including Revenue Share earnings, are credited to the company's Company Cash Jar only after the underlying payment has fully settled and any applicable review is complete. No Clawbacks as Default: Once an amount has been credited to a Company Cash Jar, Corkyy's policy and firm intention is not to reverse, debit, or reclaim it, and to absorb ordinary post-settlement reversals (such as a later refund or chargeback of the underlying Member Company payment) at Corkyy's own cost. Extraordinary Circumstances Reservation: Notwithstanding the foregoing, Corkyy reserves the right, in extraordinary circumstances and at its sole discretion, to adjust, offset against future accruals, or recover credited or withdrawn amounts, including in cases of fraud, collusion, or material misrepresentation by or involving the receiving company; legal, regulatory, tax authority, or payment processor compulsion; manifest error such as a duplicate or miscalculated credit; or where recovery is reasonably necessary to protect the integrity, solvency, or lawful operation of the Platform. Corkyy will exercise this reservation sparingly and in good faith, and may additionally pursue legal action, terminate participation and accounts, and report misconduct to law enforcement and regulatory authorities. Nature of the Company Cash Jar: The Company Cash Jar is a bookkeeping balance reflecting amounts payable by Corkyy to the company upon a valid withdrawal request. It is not a bank account, deposit, stored-value account, or trust; balances do not accrue interest; and balances may not be sold, assigned, pledged, or transferred. Withdrawals: • Minimum withdrawal balance: $10.00; • Withdrawals are processed through Stripe Connect and require the company to complete Stripe onboarding, identity verification, and applicable tax documentation before the first payout; Revenue Share accrual is not affected by onboarding status; • Withdrawals are subject to applicable payout processing fees and the processing timelines, fraud prevention, and payment processor limitations described in Sections 5.B, 6.E, and 20.G. Withdrawal Authority: Companies designate one or more Billing Managers authorized to initiate withdrawals. If a company has never designated a Billing Manager, its company administrators may initiate withdrawals. Corkyy may rely on withdrawal instructions from any then-current Billing Manager or authorized administrator as the act of the company. Companies are solely responsible for keeping their Billing Manager designations current, and internal disputes about who was authorized do not create liability for Corkyy. Termination Effects: If an enterprise arrangement, Revenue Share participation, or a company's Platform access ends, accrual stops with prospective effect, but amounts already credited to the Company Cash Jar remain withdrawable, subject to these Terms, completion of Stripe onboarding and tax compliance, and any verification Corkyy reasonably requires. Balances left unclaimed may be handled in accordance with applicable unclaimed property laws.
Tax Reporting: Corkyy will issue IRS Form 1099 or other tax documents to companies as required by law, including for companies earning more than $600 in a calendar year through the Platform. Company Responsibility: Companies are solely responsible for all taxes on amounts they receive, for providing accurate and current tax information (including EIN or other taxpayer identification), and for their own tax filings. Corkyy may withhold payouts pending completion of required tax documentation or where required by law, court order, or tax authority request.
Discretionary Program: The Sales Referral Share is a discretionary program under which Corkyy may, in its sole discretion, designate a single person or company (a "Beneficiary") to receive a percentage of qualifying gross amounts attributable to an enterprise arrangement, in recognition of having introduced or referred the arrangement to Corkyy. Nothing in these Terms entitles any person or company to be designated, to any particular percentage, or to continued designation. There is no self-service enrollment. One Beneficiary; Designation and Replacement: Each enterprise arrangement may have at most one Beneficiary at any time, and Beneficiary amounts are not divided or split. Corkyy may designate, replace, or remove a Beneficiary at any time with prospective effect only; amounts already accrued to a prior Beneficiary are not re-attributed. A Beneficiary may be any person or any company, whether or not associated with the arrangement, including the Lead Company or a Member Company where Corkyy so designates. Share Percentage and Funding: Where activated, the Sales Referral Share will not exceed five percent (5%) of qualifying gross amounts and is paid by Corkyy solely out of amounts Corkyy actually receives. No company is charged more, and no reward owed to any recruiter or other user is reduced, because a Sales Referral Share exists. Qualifying Payments, Accrual, and Settlement: The definitions of qualifying payments, the exclusions, and the accrual, settlement, and records provisions in Section 14.D apply equally to the Sales Referral Share. Corkyy's records are controlling. Crediting and Withdrawal: Amounts payable to a company Beneficiary are credited to that company's Company Cash Jar and governed by Section 14.E in full, including the no-clawback default, the extraordinary circumstances reservation, and the withdrawal provisions. Amounts payable to an individual Beneficiary are credited to that individual's Cash Jar and governed by the payout, fee, verification, tax documentation, and fraud provisions of Sections 5, 6.E, and 11 that apply to all individual earnings on the Platform, including completion of Stripe Connect onboarding before any payout. Beneficiary Representations and Compliance: By accepting designation or any Sales Referral Share amount, a Beneficiary represents and warrants that their receipt of such amounts (a) does not violate any law or regulation applicable to them; (b) does not breach any duty, policy, or agreement they owe to any employer, company, client, or other third party, including any conflict-of-interest, gift, or compensation policy; and (c) has been disclosed by the Beneficiary to any party to whom the Beneficiary owes such a disclosure obligation. Beneficiaries are solely responsible for making any such disclosures and for all taxes on amounts received. Corkyy may condition or withhold payment pending completion of tax documentation and identity verification. Program Integrity: Corkyy may suspend accrual, withhold credited amounts, and terminate any designation, in addition to its other remedies, where Corkyy reasonably believes a referral or designation involves fraud, misrepresentation, collusion, self-dealing concealed from an affected party, circumvention of these Terms, manipulation of qualifying payments, or any unlawful conduct. Section 14.E's extraordinary circumstances reservation applies to all Sales Referral Share amounts. Confidentiality; No Disclosure Obligation: The existence and terms of any Sales Referral Share arrangement are Corkyy's confidential business information. Corkyy has no obligation to disclose any such arrangement to Member Companies, Lead Companies, or any other party except as required by law, and undertakes no ongoing disclosure of beneficiary identity or amounts. Payment Processing: All Sales Referral Share payouts are processed exclusively through Stripe Connect and are subject to Stripe's terms, onboarding, identity verification, tax documentation, holds, and processing timelines. Corkyy is not liable for delays, holds, or rejections imposed by the payment processor, and payment processor determinations regarding account eligibility are between the Beneficiary and the processor. Nature of the Program: The Sales Referral Share does not create a partnership, joint venture, agency, franchise, employment, broker, finder (except as expressly described), or fiduciary relationship, and does not constitute a security, deposit, loan, or investment. It is a discretionary contractual arrangement governed solely by these Terms and any applicable Enterprise Agreement.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. CORKYY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; • WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, INFORMATION, OR SERVICES AVAILABLE THROUGH THE PLATFORM; • WARRANTIES REGARDING THE QUALITY, SUITABILITY, OR QUALIFICATIONS OF ANY USERS, CANDIDATES, OR HIRING ENTITIES. CORKYY DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CORKYY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE PLATFORM, EVEN IF CORKYY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Aggregate Liability Cap: IN NO EVENT SHALL CORKYY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS PAID BY YOU TO CORKYY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Corkyy's liability is limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Corkyy, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to: • Your use of the Platform; • Your violation of these Terms; • Your violation of any rights of another party, including other users; • Your content or conduct on the Platform; • Any misrepresentation made by you. Corkyy reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Corkyy's defense of such claim.
These Terms and any disputes arising out of or related to these Terms or the Platform shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles.
Agreement to Arbitrate: You and Corkyy agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform (collectively, "Disputes") will be resolved through binding arbitration, except as set forth below. Arbitration Rules: Arbitration will be conducted by JAMS under its Comprehensive Arbitration Rules and Procedures. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction. Location: Arbitration will take place in Wilmington, Delaware, or another mutually agreed-upon location. Exceptions to Arbitration: Notwithstanding the foregoing, either party may bring a claim in small claims court if it qualifies, and either party may seek equitable relief in court to prevent unauthorized use of intellectual property.
Waiver of Class Actions: You and Corkyy agree that any arbitration or court proceeding will be conducted on an individual basis and not as a class action, consolidated action, or representative action. You and Corkyy expressly waive any right to pursue claims on a class or representative basis.
30-Day Opt-Out Period: You may opt out of the arbitration agreement by sending written notice to Corkyy at help@corkyy.com within thirty (30) days of the effective date of these Terms or your first use of the Platform, whichever is later. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, all other terms of these Terms will continue to apply, but Disputes will be resolved in court rather than through arbitration.
Nature of Multi-Party Transactions: Hire Reward distributions involve multiple parties with potentially conflicting interests: • Company (hiring user paying the Hire Reward) • Endorser (attached recruiter endorsing the candidate) • Sourcer (recruiter referring the candidate via trackable link) • Screener (designated screener pre-qualifying the candidate) • Corkyy (platform facilitating the transaction and distributing funds) Multiple parties may claim credit for the same hire, creating inherently complex disputes. Dispute Filing Requirements: Any party disputing a hire, payment distribution, attribution, or reward calculation must notify Corkyy at help@corkyy.com within 30 calendar days of the hire date or payment distribution, whichever is earlier. Late Dispute Policy: Disputes filed after the 30-day deadline will not be considered, investigated, or resolved. The original distribution stands as final. Investigation Process: 1. Notification: Corkyy will notify all affected parties of the dispute (company, endorser, sourcer, screener) 2. Evidence Submission: Parties have 14 days to submit evidence, documentation, or explanations 3. Review Timeline: Investigations may take 30-60 days (or longer) with no guaranteed completion date 4. Document Requests: Corkyy may request additional documentation, employment verification, or third-party records 5. Payment Holds: All disputed payments will be withheld during investigation 6. No Status Updates: Corkyy is not required to provide investigation status or timeline updates Binding Determination: Corkyy's determination is final, binding, and non-appealable on all parties. By using the Platform, all parties explicitly agree to: • Accept Corkyy's decision without appeal, challenge, or reconsideration • Waive any claims against other parties (endorser, sourcer, screener, company) related to the dispute • Release Corkyy from all liability for the determination and any resulting financial outcomes • Indemnify Corkyy against any legal actions arising from the dispute or determination Corkyy's Decision-Making Authority: Corkyy has absolute discretion to: • Determine attribution (who sourced, endorsed, or screened the candidate) • Allocate payments among claimants (may split, reassign, or forfeit entirely) • Decide credibility when evidence conflicts • Interpret Platform policies and Terms • Modify distributions to reflect findings No Multi-Party Arbitration: Despite Section 18.B (Mandatory Arbitration), multi-party disputes involving more than two parties will be resolved exclusively through Corkyy's investigation and determination process described above, not through arbitration. Arbitration (Section 18.B) applies only to bilateral disputes between an individual user and Corkyy. It does not apply to disputes involving multiple users or multi-party transactions. Limitation of Corkyy's Liability: Corkyy is not liable for: • Disputes between users (endorser vs. sourcer, screener vs. company, etc.) • Financial losses resulting from dispute outcomes • Delays in investigation or resolution • Decisions favoring one party over another Corkyy's maximum liability for any dispute-related claim remains $100 as stated in Section 16 (Limitation of Liability).
Right to Modify: Corkyy may post updates to these Terms at any time to reflect changes in our practices, Platform features, legal requirements, or business operations. When we make changes, we will update the "Last Updated" date at the top of these Terms. Non-Retroactive Changes: Changes to these Terms are not retroactive and will apply only to activities and conduct occurring after the effective date of the updated Terms. Continued Use: Your continued use of the Platform after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform. No Notification Promise: Corkyy does not promise to notify users of every change to these Terms. It is your responsibility to review these Terms periodically for updates.
These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Corkyy regarding the Platform and supersede all prior agreements, understandings, and representations.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
Corkyy's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term.
You may not assign or transfer these Terms or your rights and obligations under these Terms without Corkyy's prior written consent. Corkyy may assign or transfer these Terms without restriction. Any attempted assignment in violation of this provision is null and void.
The following sections shall survive termination of your account or use of the Platform: Intellectual Property Rights, User Content License, Indemnification, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution and Arbitration, Governing Law, and Miscellaneous Provisions.
Users accessing the Platform from outside the United States do so at their own risk and are responsible for compliance with local laws. Corkyy makes no representation that the Platform complies with laws outside the United States.
Stripe Integration and Dependency: Corkyy uses Stripe, Inc. as its exclusive payment processor for all payouts, transfers, and financial transactions. You acknowledge and agree that: • Stripe may reject, delay, or reverse transfers for compliance, risk, or regulatory reasons • Transfer failures may delay payments by 5-10 business days (or longer) while issues are investigated • Repeated transfer failures may result in permanent payout suspension or account termination • Corkyy has no control over Stripe's decisions, policies, technical systems, or operational status • Stripe's Terms of Service and policies apply to all transactions No Service Level Agreement (SLA): Corkyy makes no guarantees, representations, or warranties about: • Payment processor uptime, availability, or reliability • Transfer success rates or completion timelines • Resolution speed for failed transfers or technical issues • Alternative payment methods or backup processors • Stripe's customer support responsiveness Limitation of Liability for Processor Failures: Corkyy is not liable for any losses, delays, or damages caused by: • Stripe system outages, technical failures, or maintenance windows • Stripe compliance holds, risk assessments, or policy enforcement • Banking system failures, ACH processing errors, or network issues • Payment processor decisions to suspend, terminate, or restrict your account • Changes to Stripe's fees, policies, or supported countries/currencies Maximum Liability: Corkyy's maximum liability for payment processor-related issues is $100 (per Section 16), regardless of the amount at stake or damages incurred. No Alternative Payment Methods: Corkyy is under no obligation to provide alternative payment methods if Stripe payouts fail or become unavailable. You accept the risk of Stripe-only dependency.
Corkyy will not be liable for any failure, delay, or disruption in payment processing, Platform services, or contractual obligations due to events beyond Corkyy's reasonable control, including but not limited to: Traditional Force Majeure Events: • Acts of God (earthquakes, floods, fires, hurricanes, natural disasters) • War, terrorism, civil unrest, riots, or government instability • Pandemics, epidemics, public health emergencies, or quarantine orders • Government actions, laws, regulations, or orders (domestic or foreign) • Labor disputes, strikes, lockouts, or workforce shortages • Internet or telecommunications failures (backbone outages, DNS failures, routing issues) Technology and System Events: • Payment processor outages (Stripe downtime, maintenance, or service degradation) • Banking system failures (ACH network outages, Federal Reserve closures, wire transfer delays) • System downtime or maintenance (scheduled or emergency database maintenance, server upgrades) • Database failures or data corruption (hardware failures, software bugs, data recovery operations) • Cyberattacks, hacking, or security breaches (DDoS attacks, ransomware, unauthorized access) • Software bugs or defects (critical bugs requiring immediate patches or rollbacks) • Cloud provider outages (AWS, Azure, or hosting infrastructure failures) Regulatory and Compliance Events: • Financial regulations or payment processing rules (new KYC/AML requirements, sanctions) • Tax law changes (IRS rule changes, 1099 reporting requirements, state tax law updates) • Licensing or regulatory investigations (state attorney general investigations, FTC inquiries) • Court orders or legal holds (subpoenas, asset freezes, garnishment orders) Effects During Force Majeure: During any force majeure event: • Payment processing may be suspended indefinitely without notice or estimated restoration time • No interest, penalties, or late fees accrue on delayed payments • Users have no recourse for delayed earnings, missed opportunities, or financial losses • Corkyy's obligations under these Terms are suspended until the event is resolved • Corkyy may prioritize essential services and delay non-critical operations Liability Limitation: Corkyy's maximum liability for any force majeure event is $100 (per Section 16), regardless of duration, impact, or financial harm to users. No Obligation to Mitigate: Corkyy is not required to implement backup systems, redundant infrastructure, or disaster recovery plans to prevent or minimize force majeure impacts.
Best-Effort Commitments: Certain statements in these Terms describe Corkyy's policies, intentions, and operating practices, including commitments Corkyy makes as a matter of policy rather than strict obligation (for example, the no-clawback policies in Sections 6.F and 14.E, the six-month protection window in Section 6.D, grace periods, and distribution cadences). Corkyy honors these commitments in good faith in the ordinary course of business, and they reflect how the Platform genuinely operates. Reservation of Rights in Extraordinary Circumstances: Notwithstanding any such commitment, Corkyy reserves the right to depart from a stated policy, practice, or default where extraordinary or unforeseen circumstances make it reasonably necessary, including: • Fraud, abuse, collusion, security incidents, or material misrepresentation • Legal, regulatory, tax, court, or payment processor compulsion • Manifest errors, including duplicate credits, miscalculations, or misdirected funds • Events threatening the integrity, solvency, safety, or lawful operation of the Platform Good Faith Standard: Corkyy will invoke this reservation sparingly, in good faith, and no more broadly than the circumstances reasonably require. This Section does not reduce any right you have under applicable law that cannot be waived, and it does not apply to amounts you have already lawfully withdrawn except in cases of fraud, legal compulsion, or manifest error. Precedence: Where a specific section of these Terms states its own extraordinary-circumstances reservation (such as Sections 6.F and 14.E), that section governs its subject matter; this Section 20.I supplements it and applies generally to the remainder of these Terms.
Corkyy is committed to fostering a diverse, inclusive, and equitable platform for all users. Discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, veteran status, or any other protected characteristic is strictly prohibited. Prohibited Conduct: • Posting job listings that discriminate or exclude candidates based on protected characteristics; • Making hiring decisions based on discriminatory criteria; • Harassing, threatening, or abusing other users based on protected characteristics; • Using the Platform to promote, facilitate, or engage in discriminatory practices. Enforcement: Corkyy reserves the right to remove discriminatory content, suspend or terminate accounts engaged in discriminatory conduct, and cooperate with law enforcement and regulatory authorities in investigating and prosecuting violations of anti-discrimination laws. Reporting: Users who experience or witness discrimination on the Platform are encouraged to report such conduct to help@corkyy.com.
If you have questions, concerns, or feedback regarding these Terms or the Platform, please contact us: Corkyy Inc. Email: help@corkyy.com Website: https://www.corkyy.com