Website Terms of Use

Website Terms of Use

Last Updated: 13 September 2021

🦪Who We Are And How To Contact Us

The Site, including www.OysterHR.com and the Oyster platform, is operated by Oyster HR, Inc. (“Oyster” or "We"). Oyster is a technology-enabled service platform that allows companies to easily hire remote colleagues around the globe. We are a fully distributed, public benefit corporation, with our registered office at 251 Little Falls Drive, Wilmington, DE 19808, USA. To contact us, please email Support@OysterHR.com or use the chat function on our webpage.

What we aren’t is a law firm. You understand and agree that Oyster is not a law firm or an attorney, may not perform services performed by an attorney, and is not a substitute for the advice or services of an attorney. No attorney-client relationship or privilege is created with Oyster. Oyster strives to keep its legal documents accurate, current and up-to-date. However, the law changes rapidly, is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Oyster provides can fit every circumstance. Furthermore, the legal information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

We may provide access through the Site to Oyster’s Worldwide Legal Network (“OWL”), which is our partnership with various legal professionals.  OWL information is provided for your convenience and use; however, OWL is not a lawyer referral service. The OWL directory published on the Site is provided to the public freely and is for informational purposes only. Oyster does not endorse or recommend any person or entity whose information is provided to you through the Site and does not make any warranty about their qualifications or competency. Before you engage the services of any OWL partner listed on our Site, we encourage you to verify the partner’s standing with the local licensing authority. While Oyster requires that OWL partners comply with all applicable regulatory bodies, professional codes of conduct, and recommended best practices, it is impossible for Oyster to monitor our partners’ compliance with those regulatory bodies, codes of conduct, and best practices.  Oyster is in no way responsible for the actions, representations, or omissions of our OWL partners. If you enter into an agreement with any OWL partner for legal services, that agreement is only between the OWL partner and you, and Oyster is not a party to the agreement. Oyster has no responsibility or liability of any kind for any legal services rendered by any OWL partner you encounter on or through the Site. Any use or reliance on an OWL partner for legal services is solely at your own risk.  Any information, comments, opinions, or advice provided by an OWL partner on or through the Site or anywhere else are the opinions and responsibility of that OWL partner.  Oyster is in no way affiliated with, an agent of, or responsible for any OWL partner’s information, comments, opinions, or advice.

📚These Aren’t The Only Rules

There are other terms that may apply to you and your interactions with Oyster.  To make sure you understand all of your rights and obligations, it's a good idea to review these as well.

  • Our Privacy Policy and Data Processing Agreement explain how we manage your personal information and what options you have to limit that use.
  • Our Cookie Policy explains our preference for chocolate chip versus oatmeal cookies.  Not really, it actually explains how we use cookies on the Site.
  • Our Terms and Conditions provide operational details about how Oyster works to place Team Members with Customer Companies.  If you are interested in using our platform to hire or get hired, this is a must read.
  • No kids allowed.  If you are not at least 18 years of age and legally able to enter into a contract, come back when you are older.  We’ll still be here.

💫We May Make Changes To These Terms Of Use And The Site

Laws change, technology changes, our product evolves, and your feedback makes us better, but it also leads to more changes.  For all of these reasons, we may change these Terms of Use.  Every time you wish to use our Site, please check these Terms to ensure you understand the Terms that apply at that time.  The effective date of the changes will always be at the top of the Terms. We may also change the Site itself.  We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our Site at any time and for any reason without prior notice or liability.

🚪 Accessing Our Site

You need an account to access some of our services, and you can’t use someone else’s account, login, or password.  Choose your password wisely and keep your account details safe.  Sharing it, intentionally or not, makes you liable for any losses due to someone else’s use of your account.  If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at Support@OysterHR.com.  We have the right to disable any user identification code or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

For verification purposes or in connection with the use of certain services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant Oyster a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by Oyster at any time by removing your personal information from the applicable service.

✅How You May Use Material On Our Site

We are the owner or the licensee of all intellectual property rights in our Site and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.  You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organization to content posted on our Site.  But, you must NOT modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.  Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors. The use or posting of any of the content on any other web site or in a networked computer environment for any purpose is expressly prohibited.  If you print off, copy or download, upload or repost any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

⛔How You Should Not Use Material On Our Site

Do not rely on information on this site.  The content on our Site is provided for general information only and is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.  Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete, or up-to-date.

Oyster’s service provides some self-help “fill in the blank” forms. You understand that your use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.  Oyster grants you a limited, personal, non-exclusive, non-transferable license to use our forms for your own personal, internal business use. Beyond completing the form, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the forms in any manner. Don’t remove the copyright notice from any form and don’t sell or redistribute the form.  We appreciate it.

We are not responsible for links to external websites.  Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.  We have no control over the contents of those sites or resources. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access any external sites, you do so at your own risk.

User-generated content is not approved by us.  The Site may include information and materials uploaded by other users of the Site. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values. If you wish to complain about content uploaded by other users, please contact us at Support@OysterHR.com.

📖 Content Standards
Our content standards are straightforward: be respectful and lawful.
Be Respectful.  You may not use the Site to transmit, retrieve, or store any communications or other content of a defamatory, discriminatory, harassing or pornographic nature. No messages with derogatory or inflammatory remarks about an individual’s race, age, disability, religion, national origin, ethnicity, nation of citizenship, physical attributes, political affiliation, socio-economic status, or sexual preference may be transmitted.  Harassment of any kind is prohibited.

Be Lawful.  Disparaging, abusive, profane, or offensive language and any illegal activities—including piracy, cracking, extortion, blackmail, copyright infringement and unauthorized access are forbidden.

⏫ Interacting With & Uploading Content To Our Site

You retain all of your ownership rights in your content, but you are required to, and hereby do, grant us a limited licence to use, store, and copy that content, and to distribute and make it available to third parties.  Please understand that you are solely responsible for securing and backing up your content and for the accuracy, quality, integrity, appropriateness, and intellectual property ownership or right to use for all of your content. You acknowledge and agree that Oyster has the right to aggregate data submitted to, collected by, or generated by Oyster through the Site or in connection with our services in a non-identifiable format, and to freely use the aggregated data for our own business purposes, including to improve, support, or expand the Site or our services. All aggregated data that we disclose to third parties will be in anonymous, de-identified form only and will not be specifically linked to you or to any individual. Oyster retains all intellectual property rights in the aggregated data.

Additionally, whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards above.  You agree that any such contribution complies with those standards, and we have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with those standards.  You agree that Oyster has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.   You also agree that you will be responsible to us for any loss or damage we suffer as a result of your failure to comply with the content standards above.

Finally, we welcome feedback, comments and suggestions for improvements (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback by you does not and will not give or grant you any right, title, or interest in the Site, our products and services, or in any such Feedback. All Feedback will become the sole and exclusive property of Oyster, and Oyster may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary rights, or other right or claim. By submitting the Feedback to Oyster, You are assigning to Oyster any and all right, title, and interest to any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property rights that you may have in and to any and all Feedback.

🔗 Linking To Our Site

We want you to share our mission and invite folks to join our team.  So feel free to link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  It wouldn’t be right if you established a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists, so don’t do it.  The website in which you are linking must comply in all respects with the content standards above.  Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page.  Of course, you must not establish a link to our Site in any website that is not owned by you.  You should know that we reserve the right to withdraw linking permission without notice.

😷 No One Likes A Virus

Unfortunately, we cannot and do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your devices, information technology, programs and platform to access our Site. We strongly suggest you use virus protection software.


You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

You likewise agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure, (b) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, or (4) delete or alter any material posted on the Site by Oyster or any other person or entity.

👎When Things Go Wrong

Sometimes, despite best efforts, things go wrong.  Whether you are a consumer or a business user, Oyster does not exclude or limit our liability to you where it would be unlawful to do so.  With regard to the use of the Site:  

If you are a business user 💼, we exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any content on it.  We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our Site; or use of or reliance on any content displayed on our Site.  In particular, we will not be liable for any indirect or consequential loss or damage.

If you are a consumer user 🛒, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.  If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.  However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Specific limitations and exclusions of liability related to our provision of services to you are explained in our Terms and Conditions .

If you breach these Terms of Use through your access to, use, or misuse of the Site or any content on it, you agree to hold Oyster harmless, defend, and indemnify Oyster against any claims, action, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach.  Oyster shall provide notice to you of any such claim, suit, or proceeding.  Oyster reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Oyster’s defense of such matter.

🌎Which Country's Laws Apply To Disputes?

The Site is hosted from the United States.  We make no claims concerning whether the content on the Site may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access the Site or its content from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Site content to countries or persons prohibited under the export control laws. By downloading the Site content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Site content.  The Site content is provided with “RESTRICTED RIGHTS.”  Use, duplication, or disclosure by the government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor.  Use of the Site or content on it by the government constitutes acknowledgement of our proprietary rights in the Site and Site content.

This agreement is governed by the laws of the State of Delaware, USA, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Wilmington in the State of Delaware.   If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.   Failure of Oyster to act on or enforce any provision of this agreement shall not be construed as a waiver of that provision or any other provision in these Terms of Use.  No waiver shall be effective against Oyster unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Oyster and you, these Terms of Use constitute the entire agreement between you and Oyster with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees. 

🔌 This Isn’t An Appliance, There is No Warranty

THE SITE AND ALL MATERIALS, DOCUMENTS, FORMS, AND OTHER PRODUCTS AND SERVICES PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, OYSTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

OYSTER MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY MATERIALS OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.


OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. OYSTER SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.


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Remember, by accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.  If you do not agree and do not accept the Terms of Use, Don’t browse or click.  👋




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