These Terms of Service (“Terms”) govern your access to and use of the Passive mobile application and related services (collectively, the “Service”). The Service is operated by Obscura Labs, Inc. (“Passive,” “we,” “us,” or “our”).
By downloading, accessing, creating an account for, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Privacy
Our Privacy Policy describes how we collect, use, and protect personal information. By using the Service, you agree to the Privacy Policy, which is incorporated into these Terms by reference.
2. Eligibility
You must be at least 18 years old and legally capable of entering into these Terms. You represent that information you provide is accurate and you will keep it up to date.
3. Your Account
You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly of unauthorized access. We may suspend or terminate accounts to protect users, comply with law, or prevent misuse.
4. Passive’s Role; Third-Party Interactions
Passive is a technology platform that supports job discovery and career exploration.
Passive is not an employer, recruiter, staffing agency, or agent for any user, employer, or recruiter. We do not guarantee interviews, offers, or outcomes and are not responsible for employer/recruiter decisions, job availability, compensation, benefits, or the accuracy of third-party listings.
Third-party risk. Job listings, messages, and opportunities may be provided by third parties. Use caution and good judgment. Passive is not responsible for scams, impersonation, or off-platform interactions.
5. User Content
“User Content” includes resumes, profiles, application materials, messages, and other content you submit or generate through the Service.
5.1 Responsibility. You are solely responsible for your User Content and for ensuring it is lawful, accurate, and does not infringe the rights of others.
5.2 License to Passive. You retain ownership of your User Content. You grant Passive a non-exclusive, worldwide, royalty-free license to host, store, process, reproduce, modify (e.g., formatting), transmit, and display User Content solely to:
- provide and operate the Service,
- enable features you choose to use,
- maintain safety, security, and integrity (including fraud prevention, debugging, and abuse investigation), and
- improve the Service (including analytics using aggregated or de-identified data where permitted).
5.3 Sharing at Your Direction. When you apply to a job or share your profile, you instruct Passive to share relevant User Content with the receiving employer/recruiter. Third parties’ use of your information is governed by their own terms and policies.
5.4 Retention. We retain User Content as described in our Privacy Policy and may retain certain information after account deletion as required by law or to resolve disputes, enforce agreements, or maintain security.
6. AI-Assisted Features
Passive may offer automated or AI-assisted tools (e.g., resume suggestions, drafting assistance, job relevance signals). These tools are provided for informational and productivity purposes only, may be inaccurate or incomplete, and do not guarantee outcomes. You are responsible for reviewing and approving anything you submit or share.
7. Acceptable Use
You agree not to:
- use the Service for unlawful purposes or to violate others’ rights;
- interfere with, disrupt, or attempt to reverse engineer the Service;
- access the Service using automated means (including scraping, bots, or crawling) except as expressly permitted in writing;
- attempt unauthorized access or introduce malware;
- impersonate others or misrepresent identity/qualifications;
- harass, spam, or mislead others; or
- upload content that infringes IP or violates confidentiality obligations.
We may remove content, limit functionality, or suspend/terminate accounts for violations.
8. Intellectual Property; Feedback
The Service (excluding User Content), including software, design, branding, and trademarks, is owned by Passive and protected by law. You may not use our trademarks without prior written permission.
If you provide feedback, suggestions, or ideas, you grant Passive a perpetual, irrevocable, royalty-free right to use them without restriction or compensation.
9. Copyright / DMCA
If you believe content on the Service infringes your copyright, send a notice to hello@thepassive.app with:
- your name and contact information;
- identification of the copyrighted work;
- identification and location of the allegedly infringing material;
- a statement of good-faith belief that the use is unauthorized;
- a statement under penalty of perjury that the information is accurate and you are authorized to act; and
- your physical or electronic signature.
We may remove infringing content and, where appropriate, terminate repeat infringers.
10. Subscriptions and Payments (Apple App Store)
Certain features may be available through paid subscriptions (“Premium”). Premium subscriptions are offered and billed exclusively through the Apple App Store.
If you purchase Premium through Apple:
- payment will be charged to your Apple ID account;
- subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period;
- you may manage or cancel subscriptions in Apple App Store settings;
- any free trial or promotional period (if offered) converts to a paid subscription unless canceled before the trial ends; and
- refunds and billing disputes are handled by Apple under Apple’s policies.
Passive does not process payments directly and has no control over Apple’s billing or refund decisions.
11. Communications
By creating an account, you consent to receive email and in-app push notifications related to your account, the Service, and product updates. You may opt out of non-essential communications using unsubscribe links or settings where available.
12. Termination; Survival
You may stop using the Service at any time. Passive may suspend or terminate access for violations of these Terms, legal compliance, security concerns, or to protect the Service or other users.
Sections that by their nature should survive termination will survive, including Sections 5, 8–16.
13. Indemnification
You agree to indemnify and hold harmless Passive and its affiliates, officers, directors, employees, and agents from claims, damages, and expenses (including reasonable attorneys’ fees) arising from:
(a) your use of the Service;
(b) your User Content; or
(c) your violation of these Terms or applicable law.
14. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” PASSIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15. Limitation of Liability
To the maximum extent permitted by law:
- Passive is not liable for indirect, incidental, consequential, special, or punitive damages;
- Passive is not liable for employment decisions or third-party actions; and
- Passive’s total liability will not exceed the greater of $100 or the amount you paid to Passive in the prior 12 months.
Some jurisdictions do not allow certain limitations; in that case, limitations apply to the maximum extent permitted by law.
16. Dispute Resolution; Arbitration; Class Action Waiver
16.1 Informal Resolution. Before filing a claim, you agree to notify Passive at michael@thepassive.app with: (i) your name and account email, (ii) a description of the dispute, and (iii) the relief sought. The parties will attempt to resolve the dispute for 30 days.
16.2 Arbitration. If unresolved, disputes will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration may be conducted remotely unless an in-person hearing is required.
16.3 Fees. Fee allocation will follow the AAA Consumer Arbitration Rules. Passive will pay required AAA fees for consumer arbitration to the extent required by those rules.
16.4 Small Claims; Injunctive Relief. Either party may bring eligible claims in small claims court. Either party may seek injunctive or equitable relief in court for unauthorized access, misuse of IP, or security threats.
16.5 Class Action Waiver. Disputes must be brought on an individual basis. You waive any right to participate in class, collective, or representative actions.
16.6 Opt-Out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing michael@thepassive.app with your name and account email and the statement “I opt out of arbitration.”
17. Export and Sanctions Compliance
You agree to comply with applicable export control and sanctions laws and regulations.
18. Governing Law
These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules, except where consumer protection laws require otherwise.
19. App Store Terms
These Terms are between you and Passive, not Apple. Apple is not responsible for the Service or its content and has no obligation to provide maintenance or support. Apple is a third-party beneficiary of these Terms and may enforce them against you.
20. Changes to These Terms
We may update these Terms from time to time. We will update the “Last Updated” date and may provide notice through the Service or by email. Continued use after changes means you accept the updated Terms, except where applicable law requires affirmative acceptance.
21. Miscellaneous
Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
Severability. If any provision is unlawful or unenforceable, the remainder remains in effect.
Waiver. Failure to enforce a provision is not a waiver.
Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.
Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and Passive regarding the Service.
22. Contact
Questions: hello@thepassive.app