Terms & Conditions

1.1 Agreement Formation

These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", or "your") and OpenPay.fyi ("Company", "we", "us", or "our") regarding your access to and use of our website located at openpay.fyi (the "Platform") and all related services, features, content, and applications (collectively, the "Services").

1.2 Acceptance Methods

By accessing or using our Services, you agree to be bound by these Terms. You may accept these Terms by:

• Clicking "I agree" or similar acceptance buttons
• Creating an account or registering for our Services
• Accessing or using any part of our Platform
• Submitting data or content to our Platform

1.3 Rejection of Terms

If you do not agree to these Terms, you must not access or use our Services. Your continued use of our Services after any modifications to these Terms constitutes acceptance of such modifications.

2.1 Key Terms

• "Account" means your registered user account on our Platform
• "Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials
• "Personal Data" means any information relating to an identified or identifiable natural person
• "Platform" means our website, mobile applications, and related services
• "Salary Data" means compensation, employment, and related professional information
• "Services" means all services, features, and functionality provided through our Platform
• "User Content" means any Content that you submit, post, or transmit through our Services

3.1 Platform Purpose

OpenPay.fyi is a salary transparency platform that enables users to:

• Submit anonymous salary and compensation data
• View aggregated salary statistics and market insights
• Compare compensation across different roles, companies, and locations
• Access career progression and compensation trend data
• Analyze market compensation benchmarks
• Participate in salary-related discussions and forums

3.2 Service Features

Our Services may include:

• Salary data submission and management tools
• Data visualization and analytics dashboards
• Search and filtering capabilities
• Reporting and export functionality
• Email notifications and alerts
• Mobile applications and responsive web design
• API access for enterprise users

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We may also impose limits on certain features or restrict access to parts or all of our Services without notice or liability.

3.4 Beta Features

We may offer beta, preview, or experimental features that are provided "as is" and may not be fully functional. These features may be subject to additional terms and conditions.

4.1 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years old (or the age of majority in your jurisdiction)
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using our Services under applicable laws
• Not be located in a country subject to a U.S. Government embargo
• Not be listed on any U.S. Government list of prohibited or restricted parties
• Provide accurate and truthful information during registration

4.2 Account Registration

To access certain features, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized use
• Accept responsibility for all activities under your account

4.3 Account Verification

We may require verification of your identity or employment status. We reserve the right to suspend or terminate accounts that cannot be verified or that provide false information.

4.4 Corporate and Enterprise Accounts

Corporate accounts may be subject to additional terms and conditions. The person registering on behalf of an organization represents that they have authority to bind that organization to these Terms.

5.1 Accurate Information

You agree to provide accurate, current, and complete information when using our Services. Deliberately providing false, misleading, or fraudulent information is strictly prohibited and may result in account termination.

5.2 Prohibited Activities

You agree not to:

• Submit false, misleading, or fraudulent salary or employment data
• Attempt to identify or de-anonymize other users or their data
• Use automated tools, bots, or scripts to access or scrape our Platform
• Interfere with or disrupt our Services, servers, or networks
• Violate any applicable laws, regulations, or third-party rights
• Infringe on intellectual property rights
• Transmit malicious code, viruses, or harmful content
• Engage in harassment, abuse, or discriminatory behavior
• Spam, solicit, or send unsolicited communications
• Impersonate any person or entity
• Collect or store personal data of other users
• Reverse engineer or attempt to extract source code

5.3 Content Standards

All User Content must:

• Be accurate and truthful
• Comply with applicable laws and regulations
• Not violate any third-party rights
• Not contain harmful, offensive, or inappropriate material
• Not include personally identifiable information of others
• Be relevant to salary and employment topics

5.4 Security Compliance

You agree to:

• Use strong, unique passwords for your account
• Enable two-factor authentication when available
• Keep your software and devices secure
• Report security vulnerabilities responsibly
• Not share your account credentials with others

5.5 Professional Conduct

When participating in our community features, you agree to maintain professional standards and treat all users with respect and courtesy.

6.1 License Grant

By submitting salary, employment, or other data to our Platform, you grant OpenPay.fyi a perpetual, worldwide, royalty-free, non-exclusive, transferable license to use, process, display, distribute, modify, and create derivative works from such data in anonymized, aggregated, and de-identified form.

6.2 Data Anonymization

We will anonymize and aggregate your submitted data before making it publicly available. However, you acknowledge that:

• Complete anonymization cannot be guaranteed in all circumstances
• Statistical analysis may reveal patterns or trends
• Small data sets may be more identifiable
• External data sources might be used for correlation

6.3 Data Accuracy and Verification

While we strive to maintain data accuracy, we:

• Do not guarantee the accuracy of user-submitted information
• May implement automated and manual verification processes
• Reserve the right to reject or remove inaccurate data
• May contact you to verify submitted information

6.4 Content Ownership

You retain ownership of your original content, but grant us the rights necessary to operate our Services. We may use your content for:

• Providing and improving our Services
• Creating anonymized statistics and insights
• Research and development purposes
• Marketing and promotional activities (in anonymized form)

6.5 Content Removal

We reserve the right to remove, modify, or refuse to display any content that violates these Terms or our community guidelines, without prior notice.

7.1 Our Intellectual Property

The Platform and Services, including their design, functionality, features, content, algorithms, and underlying technology, are owned by OpenPay.fyi and are protected by:

• Copyright laws and treaties
• Trademark laws
• Trade secret laws
• Patent laws
• Other intellectual property laws

7.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use our Services for personal, non-commercial purposes
• View and download content for personal use
• Use our APIs subject to separate API terms

7.3 Restrictions on Use

You may not:

• Copy, modify, or create derivative works of our Platform
• Reverse engineer, decompile, or attempt to extract source code
• Remove, alter, or obscure any proprietary notices
• Use our trademarks, logos, or branding without permission
• Frame or mirror our content on other websites
• Use our Services to create competing products

7.4 Trademark Policy

OpenPay.fyi, our logo, and other marks are trademarks of OpenPay.fyi. You may not use our trademarks without our prior written consent.

7.5 DMCA and Copyright Infringement

We respect intellectual property rights and respond to valid DMCA takedown notices. If you believe your copyright has been infringed, please contact us at legal@openpay.fyi.

8.1 Privacy Policy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.2 Data Processing Consent

By using our Services, you consent to the collection, processing, and use of your information as described in our Privacy Policy and these Terms.

8.3 Data Subject Rights

You have certain rights regarding your personal data, including rights to access, correct, delete, and port your data, as described in our Privacy Policy.

8.4 Data Security

We implement appropriate technical and organizational measures to protect your data, but cannot guarantee absolute security. You are responsible for maintaining the security of your account credentials.

9.1 "As Is" Basis

Our Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Title
• Quiet enjoyment

9.2 Data Accuracy Disclaimer

We do not warrant the accuracy, completeness, reliability, or timeliness of any salary data, statistics, or information displayed on our Platform. Users should:

• Verify information independently
• Use data for informational purposes only
• Not rely solely on our data for career or financial decisions
• Consider multiple data sources

9.3 Service Availability

We do not guarantee that our Services will be:

• Available at all times without interruption
• Free from errors, bugs, or security vulnerabilities
• Compatible with all devices or software
• Accessible from all locations

9.4 Third-Party Content

We are not responsible for third-party content, websites, or services that may be linked to or integrated with our Platform.

9.5 Legal Advice Disclaimer

Our Services do not constitute legal, financial, or professional advice. You should consult with qualified professionals for advice specific to your situation.

10.1 Exclusion of Damages

To the fullest extent permitted by law, OpenPay.fyi shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption or downtime
• Reputational harm or damage
• Personal injury or emotional distress
• Costs of substitute goods or services

10.2 Liability Cap

Our total liability to you for all claims arising out of or relating to these Terms or our Services shall not exceed the greater of:

• The amount you paid us in the 12 months preceding the claim
• One hundred dollars ($100)

10.3 Basis of Bargain

These limitations reflect the allocation of risk between the parties and are a fundamental basis of the bargain between you and OpenPay.fyi.

10.4 Exceptions

These limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Violations of applicable consumer protection laws
• Other liabilities that cannot be excluded by law

11.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless OpenPay.fyi, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Any content you submit to our Platform
• Your negligent or wrongful conduct

11.2 Defense and Settlement

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

11.3 Notice Requirement

You agree to promptly notify us of any claims for which you may be required to indemnify us.

12.1 Termination by You

You may terminate your account and stop using our Services at any time by:

• Deleting your account through our Platform
• Contacting us at support@openpay.fyi
• Following our account deletion procedures

12.2 Termination by Us

We may terminate or suspend your access to our Services at any time, with or without cause, with or without notice, including for:

• Violation of these Terms
• Fraudulent or illegal activity
• Abuse of our Services
• Extended periods of inactivity
• Technical or security reasons
• Business or legal reasons

12.3 Effect of Termination

Upon termination:

• Your right to use our Services will cease immediately
• Your account and data may be deleted
• You must stop using our Services
• Accrued rights and obligations will survive
• Data you submitted may remain in anonymized form

12.4 Survival

The following sections will survive termination: Intellectual Property Rights, Privacy and Data Protection, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

13.1 Informal Resolution

Before initiating any legal proceedings, you agree to first attempt to resolve any disputes through good faith negotiations by contacting us at legal@openpay.fyi with a detailed description of the dispute.

13.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or our Services will be resolved through binding arbitration rather than in court, except as provided below.

• Arbitration will be conducted by a neutral arbitrator
• The arbitration will be governed by applicable arbitration rules
• The arbitrator's decision will be final and binding
• Judgment may be entered in any court of competent jurisdiction

13.3 Exceptions to Arbitration

The following disputes are not subject to arbitration:

• Disputes regarding intellectual property rights
• Small claims court matters
• Injunctive or equitable relief
• Disputes that cannot be arbitrated by law

13.4 Class Action Waiver

You agree that any arbitration or legal proceeding will be conducted on an individual basis and not as part of a class, collective, or representative action.

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where OpenPay.fyi is established, without regard to conflict of law principles.

14.2 Jurisdiction and Venue

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of competent jurisdiction, and you consent to the personal jurisdiction of such courts.

14.3 International Users

If you are accessing our Services from outside our primary jurisdiction, you are responsible for compliance with local laws and regulations.

15.1 Legal Compliance

You agree to comply with all applicable laws, regulations, and industry standards when using our Services, including but not limited to:

• Employment and labor laws
• Data protection and privacy regulations
• Anti-discrimination laws
• Export control regulations
• Anti-corruption and anti-bribery laws

15.2 Regulatory Cooperation

We may cooperate with regulatory authorities and law enforcement agencies as required by law.

15.3 Export Controls

Our Services may be subject to export control laws. You agree not to export, re-export, or transfer our Services to prohibited countries or persons.

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and OpenPay.fyi regarding your use of our Services.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction, including to affiliates or in connection with a merger, acquisition, or sale of assets.

17.5 Relationship

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and OpenPay.fyi.

17.6 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated herein.

17.7 Headings

The headings in these Terms are for convenience only and do not affect their interpretation.

18.1 Modification Rights

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Posting updated Terms on our Platform
• Updating the "Last Updated" date
• Sending email notifications for significant changes
• Displaying prominent notices on our Platform
• Requiring acceptance of new Terms upon login

18.2 Acceptance of Changes

Your continued use of our Services after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using our Services.

18.3 Notification Period

For material changes, we will provide at least 30 days' notice before the changes take effect, unless immediate changes are required for legal or security reasons.

19.1 General Inquiries

If you have any questions about these Terms, please contact us at:

19.2 Legal Notices

All legal notices and formal communications should be sent to: legal@openpay.fyi

19.3 Support

For technical support or account-related questions, please contact: support@openpay.fyi

19.4 Business Inquiries

For partnership or business development inquiries, please contact: business@openpay.fyi