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Terms of Service

International legal framework governing your use of DAKDAN Talent platform across all jurisdictions worldwide.

100+ Countries
Multi-Jurisdiction
ICC/LCIA/AAA Compliant
OFAC/Sanctions Compliant

Last Updated: March 31, 2026 | Effective Date: January 1, 2026 | Version: 2.0

Translation Disclaimer

This Agreement may be translated into multiple languages for user convenience. In the event of any conflict or discrepancy between the English version and any translated version, the English version shall prevail and control for all purposes. The English version is the legally binding document.

1Acceptance of Terms

These Terms of Service ("Terms," "Agreement," "ToS") constitute a legally binding agreement between you ("User," "you," "your") and DAKDAN Talent LLC ("DAKDAN," "Company," "we," "us," "our") governing your access to and use of the DAKDAN Talent platform, including our website (dakdantalent.com), mobile applications, APIs, and all related services, features, content, and applications (collectively, the "Platform" or "Service").

By accessing, browsing, registering for, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (incorporated herein by reference). If you do not agree to these Terms, you must immediately cease all use of the Platform.

Important Legal Notice: These Terms contain provisions that limit our liability to you, require you to resolve disputes with us through binding arbitration (where legally permitted), and waive your right to participate in class action lawsuits or class-wide arbitrations (subject to local law restrictions). Please review Sections 16, 17, 18, and 19 carefully.

Mandatory Arbitration & Class Action Waiver

Except where prohibited by law (including EU Member States where consumer arbitration waivers are unenforceable), you agree to resolve disputes through individual binding arbitration and waive your right to participate in class actions or representative proceedings. See Section 19 for full details and opt-out provisions.

Electronic Agreement: Your use of the Platform constitutes electronic acceptance of this Agreement under applicable electronic signatures and commerce laws, including the U.S. E-SIGN Act, EU eIDAS Regulation, UNCITRAL Model Law on Electronic Signatures, and equivalent laws worldwide.

2Definitions

For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below:

  • "Candidate" means any individual user seeking employment, internships, career opportunities, educational programs, or NIL opportunities through the Platform, including students, recent graduates, job seekers, and student-athletes.
  • "Employer" means any business entity, organization, recruiter, hiring manager, or authorized representative thereof using the Platform to post job opportunities, recruit candidates, sponsor events, or engage in talent acquisition activities.
  • "University Partner" means any accredited educational institution, career services office, academic department, or authorized university representative that has entered into a partnership agreement with DAKDAN.
  • "Premium Services" means paid subscription tiers and premium features as described in Section 7, including the Professional tier ($250/month or $2,700/year).
  • "User Content" means any content, data, information, text, graphics, photos, profiles, resumes, messages, or other materials uploaded, posted, transmitted, or otherwise made available by Users through the Platform.
  • "NIL" means Name, Image, and Likeness rights of student-athletes as regulated by NCAA rules, state laws, and international athletic regulations.
  • "STTR/SBIR" means Small Business Technology Transfer and Small Business Innovation Research programs administered by U.S. federal agencies.
  • "Personal Data" has the meaning ascribed to "personal data," "personal information," or equivalent terms under applicable data protection laws, including GDPR, CCPA, LGPD, and other privacy regulations.
  • "Prohibited Territory" means any country, territory, or region subject to comprehensive U.S. sanctions administered by OFAC, EU restrictive measures, UN Security Council sanctions, or other applicable international trade restrictions.

3Eligibility & Account Registration

3.1 Age & Capacity Requirements

To use the Platform, you must meet the following eligibility requirements:

  • Minimum Age: You must be at least 16 years of age globally. However, if you are under the age of majority in your jurisdiction (18 years in most countries, 19 in some regions, 20-21 in others), you may only use the Platform with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
  • Legal Capacity: You must have the legal capacity to enter into binding contracts under the laws of your jurisdiction.
  • No Prohibition: You must not be prohibited from receiving services under applicable laws or previous termination from the Platform for Terms violations.
  • Sanctions Compliance: You must not be located in, ordinarily resident in, or organized under the laws of any Prohibited Territory, nor be identified on any sanctions list (OFAC SDN, EU Consolidated List, UN Sanctions List, etc.).

3.2 Account Registration

When creating an account, you agree to:

  • Provide accurate, current, complete, and truthful information about yourself as prompted by our registration forms.
  • Maintain and promptly update your account information to keep it accurate, current, and complete at all times during your use of the Platform.
  • Not impersonate any person or entity, misrepresent your affiliation with any person or entity, or use a false identity.
  • Not create multiple accounts for the same individual (except where explicitly authorized by DAKDAN for testing or business purposes).
  • Comply with all identity verification requirements we may implement from time to time, including email verification, phone verification, educational credential verification, and government-issued ID verification.

3.3 Institutional & Corporate Accounts

If you are registering on behalf of an organization (Employer or University Partner):

  • You represent and warrant that you have the legal authority to bind such organization to these Terms.
  • The organization agrees to be jointly and severally liable with you for all obligations under these Terms.
  • You must provide valid business registration documentation, tax identification numbers, and authorized representative information as requested.
  • You must maintain accurate records of all authorized users within your organization who access the Platform.

4User Accounts & Security

4.1 Account Security Responsibilities

You are solely responsible for:

  • Maintaining the confidentiality and security of your account credentials (username, password, API keys, authentication tokens).
  • All activities that occur under your account, whether or not authorized by you.
  • Implementing reasonable security measures, including using strong passwords, enabling two-factor authentication (where available), and safeguarding access to devices used to access your account.
  • Immediately notifying DAKDAN of any unauthorized access, security breach, or suspected compromise of your account by emailing security@dakdantalent.com.

4.2 Account Sharing Prohibition

Accounts are personal and non-transferable. You may not share your account credentials with any third party or allow others to access your account except as explicitly authorized through Platform features (e.g., team member access for Employer accounts).

4.3 Liability for Unauthorized Use

You agree that DAKDAN shall not be liable for any loss or damage arising from unauthorized use of your account, and you shall be liable for any losses incurred by DAKDAN or third parties due to unauthorized use of your account, whether or not such use was authorized by you.

5User Content & Conduct

5.1 User Content License Grant

By posting, uploading, or submitting User Content to the Platform, you grant DAKDAN a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with operating, improving, promoting, and providing the Platform and related services.

5.2 Content Ownership & Representations

You retain all ownership rights in your User Content. However, you represent and warrant that:

  • You own or have obtained all necessary rights, licenses, consents, and permissions to grant the above license.
  • Your User Content does not violate any third-party intellectual property rights, privacy rights, publicity rights, or other proprietary rights.
  • Your User Content is accurate, truthful, and not misleading.
  • Your User Content complies with all applicable laws and regulations.

5.3 Prohibited Content

You agree not to post, upload, or transmit any User Content that:

  • Is false, inaccurate, misleading, defamatory, libelous, or fraudulent.
  • Violates any applicable law or regulation, including employment discrimination laws, export control laws, sanctions regulations, or data protection laws.
  • Infringes any intellectual property or proprietary rights of any party.
  • Contains hate speech, harassment, threats, or promotes violence or discrimination.
  • Contains nudity, pornography, or sexually explicit material.
  • Contains malware, viruses, or any malicious code.
  • Violates the privacy or personal rights of others.

6Intellectual Property Rights

6.1 DAKDAN Platform Ownership

The Platform and all content, features, functionality, software, code, designs, graphics, logos, trademarks, service marks, and other materials provided by DAKDAN are owned by DAKDAN Talent LLC, its licensors, or third-party content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License to Use Platform

Subject to your compliance with these Terms, DAKDAN grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your personal or internal business purposes. This license does not permit you to modify, copy, reproduce, distribute, create derivative works, reverse engineer, decompile, or use automated tools to access, scrape, or extract data from the Platform.

6.3 DMCA & Copyright Infringement

We respect intellectual property rights. If you believe any content on the Platform infringes your copyright, please submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to our Copyright Agent at dmca@dakdantalent.com.

7Premium Services & Subscriptions

7.1 Premium Professional Tier

Premium Professional

MOST POPULAR

$250/month

or $2,700/year (save $300 annually)

Unlimited job applications
Priority employer visibility
Advanced AI-powered matching
InMail messaging (50/month)
Advanced analytics dashboard
Resume builder PRO
Career coaching (2 sessions/month)
Interview preparation tools
Skill assessments & certifications
Exclusive virtual events access
Job market insights & salary data
Profile boost (3x visibility)
Application tracking & reminders
Company research tools
Referral network access
Priority customer support (24hr SLA)
API access for integrations
Full data export capability
Ad-free experience
Early access to new features

7.2 Subscription Terms

When you purchase a Premium subscription:

  • Billing Cycle: Subscriptions are billed monthly or annually based on your selection. Monthly subscriptions renew on the same day each month; annual subscriptions renew on the anniversary date.
  • Automatic Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method for renewal fees.
  • Price Changes: We may change subscription prices with 30 days' prior notice. Price changes will apply to subsequent billing periods after notice is provided.
  • Cancellation: You may cancel your subscription at any time through your account settings or by contacting billing@dakdantalent.com. Cancellation takes effect at the end of the current billing period.

8Payment Terms & Refunds (International)

8.1 Accepted Payment Methods

We accept major credit/debit cards (Visa, Mastercard, Amex, Discover, JCB, UnionPay), digital wallets (Apple Pay, Google Pay, PayPal, Alipay, WeChat Pay where available), bank transfers/ACH, and local payment methods (SEPA, iDEAL, Bancontact, etc. based on jurisdiction).

8.2 Currency & Foreign Exchange

Prices are displayed in USD by default. We support billing in EUR, GBP, CAD, AUD, JPY, and other currencies. Currency conversion is performed at prevailing exchange rates at transaction time. Your financial institution may apply additional foreign transaction fees.

8.3 Taxes & VAT/GST

All fees are exclusive of taxes unless otherwise stated. You are responsible for all applicable taxes including:

EU VAT

VAT at applicable rate based on country of residence (reverse charge for VAT-registered businesses with valid VAT ID)

UK VAT

20% VAT unless exempt or reverse charge applies

Canadian GST/HST/PST

Applicable provincial/federal sales taxes

Other Jurisdictions

Australian GST (10%), Indian GST (18%), sales tax, consumption tax, etc.

8.4 Refund Policy

General Policy: All subscription fees are non-refundable except as required by applicable consumer protection laws or as explicitly stated below.

  • EU/EEA/UK Right of Withdrawal: Consumers in the EU, EEA, and UK have a 14-day cooling-off period to cancel subscriptions and receive a full refund under the Consumer Rights Directive and UK Consumer Contracts Regulations. To exercise this right, contact refunds@dakdantalent.com.
  • Australia: Australian Consumer Law guarantees apply. Refunds available for major failures or services not delivered.
  • Other Jurisdictions: Refunds may be issued at DAKDAN's sole discretion for exceptional circumstances (technical failures, service unavailability, etc.).

9University Partnerships

9.1 Three-Tier Partnership System

DAKDAN offers a three-tier university partnership structure:

Bronze Tier

  • • Basic platform access
  • • Student account creation
  • • Job board integration
  • • Basic analytics

Silver Tier

  • • Everything in Bronze
  • • Virtual event hosting
  • • Enhanced analytics
  • • Co-branding options
  • • Dedicated support

Gold Tier

  • • Everything in Silver
  • • STTR/SBIR collaboration
  • • Custom integrations
  • • White-label options
  • • API access
  • • Priority support

9.2 Partnership Obligations

University Partners agree to:

  • Comply with FERPA (Family Educational Rights and Privacy Act) and equivalent international education privacy laws.
  • Obtain appropriate student consent before sharing any student data with the Platform.
  • Maintain accurate records of authorized institutional representatives.
  • Not misrepresent partnership status or use DAKDAN branding without authorization.
  • Cooperate with STTR/SBIR research initiatives where applicable (Gold tier).

10NIL Deals & Athletic Compliance

10.1 NCAA NIL Compliance (United States)

For student-athletes in the United States participating in Name, Image, and Likeness (NIL) opportunities:

  • NCAA Rules Compliance: All NIL activities must comply with NCAA interim NIL policy and applicable conference/institutional rules.
  • State Law Compliance: NIL deals must comply with applicable state NIL laws (e.g., California SB 206, Florida SB 646, Texas HB 1351, etc.).
  • Institutional Disclosure: Student-athletes must disclose NIL deals to their institution as required by NCAA and institutional policies.
  • No Pay-for-Play: NIL compensation must be for legitimate use of name, image, or likeness, not as inducement for athletic performance or enrollment.
  • Quid Pro Quo Prohibition: NIL deals may not be contingent on enrollment at a particular institution or continued athletic participation.

10.2 International Athlete Regulations

For international student-athletes and professional athletes:

  • IOC Rules: Compliance with International Olympic Committee rules on athlete endorsements and sponsorships.
  • National Governing Bodies: Compliance with applicable national sports federation rules.
  • Professional Sports Leagues: Compliance with collective bargaining agreements and league policies (NBA, NFL, FIFA, etc.).
  • Work Authorization: International athletes must have appropriate work authorization/visa status for commercial activities.

10.3 DAKDAN's Role

DAKDAN provides a platform to facilitate NIL opportunities but does not:

  • Act as an agent, representative, or fiduciary for student-athletes.
  • Provide legal, tax, or compliance advice regarding NIL deals.
  • Guarantee compliance with NCAA, conference, institutional, or international athletic regulations.
  • Assume liability for NIL deals that violate applicable rules or regulations.

Student-athletes are solely responsible for ensuring their NIL activities comply with all applicable rules and regulations. We strongly recommend consulting with legal counsel, compliance officers, and/or licensed agents before entering into NIL agreements.

11STTR/SBIR Research Programs

11.1 Federal Grant Compliance

DAKDAN facilitates collaboration between University Partners and small businesses for Small Business Technology Transfer (STTR) and Small Business Innovation Research (SBIR) programs administered by U.S. federal agencies (NSF, NIH, DOD, DOE, NASA, etc.).

Participants in STTR/SBIR programs through the Platform agree to:

  • Federal Regulations: Comply with all applicable federal regulations, including 2 CFR Part 200 (Uniform Administrative Requirements), FAR/DFARS (for DoD contracts), and agency-specific requirements.
  • Intellectual Property: Respect intellectual property ownership provisions under Bayh-Dole Act (35 U.S.C. § 200 et seq.) and negotiate appropriate IP rights in collaboration agreements.
  • Data Rights: Understand and comply with federal data rights requirements, including protection of technical data and computer software.
  • Export Controls: Comply with export control regulations (ITAR, EAR) for research involving controlled technologies.
  • Audit & Reporting: Maintain accurate records and cooperate with federal audits, reporting requirements, and oversight activities.

11.2 University-Industry Collaboration Terms

Collaborations facilitated through the Platform are subject to separate written agreements between universities and small businesses. DAKDAN does not:

  • Become a party to research collaborations or assume any obligations under STTR/SBIR grants.
  • Guarantee grant approval, funding, or research outcomes.
  • Provide legal, grant writing, or compliance consulting services.
  • Assume ownership or rights to intellectual property developed through collaborations.

12Events & Sponsorships

12.1 Virtual Event Hosting

Employers and University Partners may host virtual career fairs, networking events, info sessions, and workshops through the Platform. Event hosts agree to:

  • Provide accurate event information (date, time, description, attendance requirements).
  • Comply with all applicable laws regarding employment practices, accessibility (ADA, WCAG), and data protection.
  • Not discriminate based on protected characteristics in event access or participation.
  • Respect attendee privacy and obtain appropriate consents for recording or data collection.
  • Not engage in deceptive, fraudulent, or misleading practices.

12.2 Event Sponsorships

Employers may purchase event sponsorships to increase visibility. Sponsorship fees are non-refundable except as required by law. Sponsors receive promotional placement as described in sponsorship tier documentation but do not receive guarantees regarding candidate applications, event attendance, or hiring outcomes.

12.3 SkillBridge Program Compliance

For employers participating in the U.S. Department of Defense SkillBridge program:

  • Comply with all DoD SkillBridge regulations and memoranda of understanding.
  • Provide legitimate training/internship opportunities (no monetary compensation to service members).
  • Coordinate with military transition assistance programs and unit commanders.
  • Maintain accurate records of service member participation.
  • Not discriminate based on military service or status.

13Employer Obligations

13.1 U.S. Employment Law Compliance

Employers using the Platform in the United States must comply with:

  • Title VII of the Civil Rights Act: No discrimination based on race, color, religion, sex, or national origin.
  • Age Discrimination in Employment Act (ADEA): No discrimination based on age (40+).
  • Americans with Disabilities Act (ADA): Reasonable accommodations for qualified individuals with disabilities.
  • Equal Pay Act: Equal pay for equal work regardless of sex.
  • Genetic Information Nondiscrimination Act (GINA): No discrimination based on genetic information.
  • State/Local Laws: Compliance with state and local employment laws, including salary history bans, ban-the-box laws, etc.

13.2 International Employment Law Compliance

European Union

  • • EU Equal Treatment Directive
  • • GDPR (employment data processing)
  • • National employment equality laws
  • • Works Council consultation requirements

United Kingdom

  • • Equality Act 2010
  • • Employment Rights Act 1996
  • • Right to Work checks
  • • National Minimum/Living Wage

Canada

  • • Canadian Human Rights Act
  • • Employment Equity Act
  • • Provincial employment standards
  • • Pay equity legislation

Australia

  • • Fair Work Act 2009
  • • Age Discrimination Act 2004
  • • Disability Discrimination Act 1992
  • • Modern Awards compliance

13.3 Job Posting Requirements

All job postings must:

  • Accurately describe the position, responsibilities, qualifications, and compensation.
  • Comply with pay transparency laws where applicable (Colorado, California, New York City, Washington, EU Pay Transparency Directive, etc.).
  • Not contain discriminatory language or requirements unrelated to bona fide occupational qualifications.
  • Clearly state work authorization requirements (if any) in compliance with immigration laws.
  • Be for legitimate employment opportunities (no pyramid schemes, MLM, or fraudulent postings).

14Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

  • Fraud & Misrepresentation: Providing false, misleading, or deceptive information; impersonating others; creating fake profiles or accounts.
  • Unauthorized Access: Accessing accounts, data, or systems without authorization; hacking, cracking, or circumventing security measures.
  • Data Scraping: Using automated tools, bots, scrapers, or crawlers to extract data from the Platform without written permission.
  • Intellectual Property Infringement: Violating copyrights, trademarks, patents, trade secrets, or other proprietary rights.
  • Spam & Solicitation: Sending unsolicited commercial messages, spam, or bulk communications through the Platform.
  • Malware Distribution: Uploading viruses, malware, ransomware, or any malicious code.
  • Harassment & Abuse: Harassing, threatening, bullying, or abusing other users.
  • Discrimination: Discriminating based on protected characteristics in employment, housing, or other opportunities.
  • Illegal Activities: Using the Platform for any illegal purpose or in violation of any applicable laws or regulations.
  • Sanctions Violations: Engaging in transactions or activities that violate economic sanctions, export controls, or trade restrictions.
  • System Interference: Interfering with, disrupting, or degrading the Platform's functionality, performance, or availability.
  • Reverse Engineering: Reverse engineering, decompiling, disassembling, or attempting to derive source code from the Platform.

15Export Controls & Sanctions

15.1 U.S. Export Controls

The Platform and certain services may be subject to U.S. export control laws, including the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). You agree to comply with all applicable export control laws and regulations.

15.2 Economic Sanctions Compliance

You represent and warrant that you are not:

  • Located in, ordinarily resident in, or organized under the laws of any country or territory subject to comprehensive U.S. sanctions (currently Cuba, Iran, North Korea, Syria, Crimea region of Ukraine, Donetsk People's Republic, Luhansk People's Republic).
  • Identified on any sanctions list, including OFAC Specially Designated Nationals (SDN) List, EU Consolidated List, UN Sanctions List, UK Consolidated List, or equivalent.
  • Owned or controlled by, or acting on behalf of, any person or entity on a sanctions list.
  • Engaged in transactions that violate U.S., EU, UN, or other applicable economic sanctions.

15.3 Cross-Border Payment Restrictions

We reserve the right to block, suspend, or reject transactions involving Prohibited Territories or sanctioned individuals/entities. We may conduct enhanced due diligence, screening, and verification for cross-border payments.

16Disclaimers & Warranties

Important Legal Disclaimer

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, DAKDAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Specifically, DAKDAN does not warrant that:

  • The Platform will meet your requirements or expectations.
  • The Platform will be uninterrupted, timely, secure, or error-free.
  • The results obtained from using the Platform will be accurate or reliable.
  • Any errors in the Platform will be corrected.
  • The Platform is free from viruses, malware, or other harmful components.
  • User Content is accurate, reliable, or appropriate.
  • Employment, internships, NIL deals, or other opportunities will result from Platform use.
  • Employers, candidates, or other users are who they claim to be.

No Employment or Recruitment Guarantees: DAKDAN is a platform that facilitates connections between candidates and employers but does not guarantee job placement, interviews, offers, or hiring outcomes. We are not an employment agency or recruiter.

Third-Party Content: The Platform may contain links to third-party websites, services, or content. We do not endorse, guarantee, or assume responsibility for any third-party content, products, or services.

Consumer Rights: Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions may not apply to you, and you may have additional rights under applicable consumer protection laws.

17Limitation of Liability

Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAKDAN, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.

THIS INCLUDES DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Maximum Liability: To the extent permitted by law, DAKDAN's total cumulative liability to you for all claims arising out of or related to these Terms or the Platform shall not exceed the greater of: (a) $100 USD, or (b) the amount you paid to DAKDAN in the 12 months immediately preceding the event giving rise to liability.

Exclusions from Liability Limitations: The above limitations do not apply to:

  • Liability for death or personal injury caused by negligence.
  • Liability for fraud or fraudulent misrepresentation.
  • Liability for gross negligence or willful misconduct.
  • Any liability that cannot be excluded or limited under applicable law.

Jurisdictional Variations: Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law. EU consumers and consumers in other jurisdictions with mandatory consumer protection laws retain all statutory rights.

18Indemnification

You agree to indemnify, defend, and hold harmless DAKDAN, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and service providers 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 or inability to use the Platform.
  • Your violation of these Terms or any applicable laws or regulations.
  • Your violation of any third-party rights, including intellectual property, privacy, publicity, or other proprietary rights.
  • Your User Content or any content you post, upload, or transmit through the Platform.
  • Your employment practices, hiring decisions, or interactions with candidates (for Employers).
  • Your NIL deals, STTR/SBIR collaborations, or other business relationships formed through the Platform.
  • Any fraud, misrepresentation, or negligence on your part.

This indemnification obligation survives termination of these Terms. We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

Note for EU/EEA Consumers: This indemnification provision does not apply to EU/EEA consumers acting for purposes outside their trade, business, craft, or profession to the extent prohibited by applicable consumer protection laws.

19Dispute Resolution & Arbitration

19.1 Informal Resolution

Before initiating arbitration or litigation, you agree to first contact us at legal@dakdantalent.com to attempt to resolve the dispute informally. We will attempt to resolve disputes through good-faith negotiations for at least 60 days.

19.2 Binding Arbitration (U.S. Users)

For users located in the United States: Except where prohibited by law, you and DAKDAN agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Consumer Arbitration Rules (where applicable).

  • Arbitration Rules: Arbitration shall be conducted under AAA rules, available at www.adr.org.
  • Arbitrator Selection: One arbitrator shall be selected in accordance with AAA rules.
  • Location: Arbitration shall be conducted in the federal judicial district where you reside or another mutually agreed location.
  • Costs: Each party bears its own costs, except DAKDAN will pay AAA filing fees for consumer disputes under $75,000.
  • Individual Basis: Arbitration shall be conducted on an individual basis only. Class arbitrations and class actions are not permitted.

19.3 Class Action Waiver (U.S. Users)

Class Action Waiver

YOU AND DAKDAN AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

Athlete Group NIL Claims: Court Carve-Out

Notwithstanding the class action waiver above, a group of ten (10) or more athlete users who assert substantially identical claims arising from the same alleged misuse of NIL data by Dakdan Talent (e.g., unauthorized disclosure of NIL deal amounts, unauthorized use of likeness data, or systematic failure of the platform's NIL compliance controls) may, at their election, proceed as a group action in a court of competent jurisdiction rather than individual arbitration. This carve-out is intended to prevent unconscionability in disputes where class-wide adjudication is the only economically feasible remedy. All other disputes remain subject to individual arbitration. To invoke this carve-out, all participating athletes must submit a joint written notice to legal@dakdantalent.com before filing any court action.

19.4 Opt-Out Right (U.S. Users)

You may opt out of arbitration by sending written notice to DAKDAN within 30 days of first accepting these Terms. The opt-out notice must include your name, address, email, and a clear statement that you wish to opt out of the arbitration agreement. Send to: DAKDAN Talent LLC, Attn: Legal Department - Arbitration Opt-Out, [Corporate Address].

19.5 International Arbitration (Non-U.S. Users)

EU/EEA/UK Users

Arbitration clauses are generally unenforceable for consumer contracts. EU/EEA/UK consumers retain the right to bring disputes in their local courts and have access to alternative dispute resolution through the EU ODR Platform (ec.europa.eu/odr) and national consumer ADR bodies.

Other International Users

Business users may elect arbitration under ICC (International Chamber of Commerce), LCIA (London Court of International Arbitration), or SIAC (Singapore International Arbitration Centre) rules, with seat and language determined by mutual agreement or ICC/LCIA/SIAC rules.

20Governing Law (Multi-Jurisdiction)

20.1 Choice of Law by Jurisdiction

United States Users

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Exclusive jurisdiction and venue for any disputes shall be in state or federal courts located in New Castle County, Delaware, except as required by arbitration provisions.

EU/EEA Users

For consumers: Governed by the laws of your country of habitual residence, with mandatory consumer protection laws of that jurisdiction applying. For businesses: Governed by the laws of Ireland (where DAKDAN's EU representative is established), with exclusive jurisdiction in Irish courts subject to EU Brussels I Regulation (recast).

UK Users

For consumers: Governed by English law with mandatory UK consumer protection laws applying. Disputes may be brought in your local courts (England & Wales, Scotland, or Northern Ireland). For businesses: Governed by English law with exclusive jurisdiction in English courts.

Canada Users

Governed by the laws of the Province of Ontario and federal laws of Canada applicable therein, without regard to conflict of law principles. Disputes subject to jurisdiction of courts in Toronto, Ontario, subject to mandatory provincial consumer protection laws.

Australia Users

Governed by the laws of New South Wales, Australia. Australian Consumer Law guarantees apply and cannot be excluded. Disputes may be brought in courts of New South Wales or your state/territory of residence.

Other International Users

Governed by the laws of the State of Delaware, United States, subject to mandatory local consumer protection laws and public policy exceptions. Disputes subject to international arbitration or jurisdiction as determined by conflict of law principles and international conventions.

20.2 International Conventions

Where applicable, these Terms are subject to:

  • United Nations Convention on Contracts for the International Sale of Goods (CISG) - excluded to the extent applicable.
  • Hague Convention on Choice of Court Agreements (where jurisdiction has ratified).
  • New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

21Athlete-Specific Terms

This Section 21 applies exclusively to users who register as student-athletes (college or high school level). In the event of a conflict between this section and any other section of these Terms, this Section 21 controls for athlete-specific matters.

21.1 NIL Deal Accuracy & Compliance Responsibility

As an athlete user, you are solely responsible for the accuracy and legal compliance of any NIL deal information you enter into the platform. Specifically, you represent and warrant that:

  • All NIL deal information you submit (sponsor details, compensation, deliverables, contract dates) is accurate and complete to the best of your knowledge.
  • You have reviewed and understand the NIL rules applicable to your institution, athletic conference, and state of residence before entering any NIL deal into the platform.
  • You will promptly update your platform records if any NIL deal is modified, terminated, or found to be non-compliant.
  • You understand that the platform's compliance flagging system is an informational tool only and does not constitute legal compliance verification. Dakdan Talent is not a licensed sports agent, attorney, or compliance officer.
  • You will notify your institution's compliance office as required by your school's policies, regardless of what the platform indicates.

21.2 High School Athlete Eligibility

Important Eligibility Disclaimer

High school athlete NIL eligibility is governed by the rules of individual state high school athletic associations (e.g., NFHS member associations), which vary significantly by state. Dakdan Talent does not make eligibility determinations and is not responsible for any loss of athletic eligibility resulting from your use of this platform or any NIL activity you conduct. You are solely responsible for verifying your eligibility status with your state's high school athletic association and your school's athletic director before engaging in any NIL activity.

State-specific NIL eligibility rules for high school athletes are summarized (not guaranteed to be current) in our Athlete Privacy Rights page. This summary is provided for general informational purposes only.

21.3 Guardian Co-Consent for Users Under 18

Athlete users under the age of 18 must have a parent or legal guardian who:

  • Co-creates or co-approves the athlete's account during registration
  • Agrees to these Terms on behalf of the minor by completing the guardian consent flow
  • Co-signs (through the platform's electronic consent mechanism) any NIL deal submitted by the minor athlete
  • Takes joint responsibility for the accuracy of all information submitted by the minor athlete
  • Acknowledges that the minor athlete's participation in any NIL activity may require separate legal agreements between the guardian, the minor, and the brand sponsor outside of this platform

A parent or guardian who provides co-consent under this section is jointly and severally bound by these Terms as if they were the primary user, with respect to all activities of the minor athlete's account.

21.4 Athlete Data Portability Rights

As an athlete user, you have the right to export a complete copy of all data associated with your athlete profile at any time. This export includes:

  • All profile data (sport, stats, skills, position information)
  • All NIL deal records you have entered (including compliance status history)
  • Your Brand Value Score history and the inputs used to calculate each score
  • All consent records (what you consented to and when)
  • All employer interactions (views, applications, messages)
  • All AI processing outputs applied to your profile

To request a full data export, visit Data Subject Requests or email athlete-privacy@dakdantalent.com. Exports will be provided in JSON format within 30 days. Athletes may also access a self-service export from their dashboard settings.

21.5 Platform Not an Agent, Advisor, or Representative

Dakdan Talent is a technology platform. We are expressly not:

  • A licensed sports agent or athlete representative under any state sports agent registration act
  • An attorney or law firm providing legal advice on NIL compliance, eligibility, or contract terms
  • A financial advisor providing advice on NIL compensation, tax obligations, or investment
  • A party to any NIL deal between you and a brand sponsor
  • A guarantor of any NIL deal's legality, enforceability, or compliance with NCAA or state rules

Any Brand Value Score, Fair Market Value (FMV) estimate, or AI-generated compensation range displayed on the platform is an informational estimate only and does not constitute a guarantee, appraisal, or professional valuation. Athletes should seek independent professional advice before entering into significant NIL agreements.

22Termination & Suspension

21.1 Termination by User

You may terminate your account at any time by accessing account settings and selecting "Delete Account" or by contacting support@dakdantalent.com. Termination does not entitle you to refunds for unused subscription periods (subject to applicable refund policies in Section 8).

21.2 Termination by DAKDAN

We reserve the right to suspend or terminate your account and access to the Platform, with or without notice, for any reason, including:

  • Violation of these Terms or applicable laws.
  • Fraudulent, abusive, or illegal activity.
  • Sanctions compliance concerns or risk mitigation.
  • Non-payment of fees for Premium Services.
  • Prolonged inactivity (12+ months with prior notice).
  • Legal requirements or court orders.
  • Protection of DAKDAN's rights, property, or safety, or those of other users.

21.3 Effect of Termination

Upon termination:

  • Your right to access and use the Platform immediately ceases.
  • Your User Content may be deleted from our servers (subject to data retention obligations).
  • We may retain certain information as required by law or for legitimate business purposes.
  • Sections that by their nature should survive (indemnification, limitation of liability, governing law, etc.) shall survive termination.
  • You may request a copy of your data within 30 days of termination by contacting privacy@dakdantalent.com.

23Force Majeure

DAKDAN shall not be liable for any failure or delay in performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to:

  • Natural Disasters: Earthquakes, floods, hurricanes, fires, pandemics, epidemics.
  • Government Actions: Wars, terrorism, civil unrest, embargoes, sanctions, regulatory changes.
  • Labor Disputes: Strikes, lockouts, labor shortages.
  • Infrastructure Failures: Internet outages, telecommunications failures, power outages, cloud service provider failures.
  • Cybersecurity Events: Cyberattacks, DDoS attacks, data breaches beyond our reasonable control.
  • Global Events: Trade wars, international conflicts, supply chain disruptions.

During force majeure events, our performance obligations are suspended for the duration of the event. If a force majeure event lasts longer than 90 days, either party may terminate affected agreements with written notice.

24Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. When we make changes, we will:

  • Update the "Last Updated" date at the top of this page.
  • Provide notice of material changes via email, Platform notification, or prominent notice on the Platform at least 30 days before the effective date.
  • For EU/EEA/UK users, provide clear notice and opportunity to terminate if you do not accept the changes.

Your continued use of the Platform after the effective date of changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must cease using the Platform and may terminate your account.

EU/EEA/UK Consumer Rights: EU/EEA/UK consumers have the right to terminate their contracts without penalty if they do not accept material changes to these Terms, within the notice period provided.

25General Provisions

24.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent.

24.2 Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets. Any attempted assignment in violation of this provision is void.

24.3 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by DAKDAN on the Platform, constitute the entire agreement between you and DAKDAN concerning the Platform and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

24.4 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

24.5 Relationship of Parties

These Terms do not create any partnership, joint venture, employment, agency, or franchise relationship between you and DAKDAN. You have no authority to bind DAKDAN or make commitments on DAKDAN's behalf.

24.6 Third-Party Beneficiaries

These Terms are for the benefit of you and DAKDAN only and are not intended to confer third-party beneficiary rights upon any other person or entity, except as expressly provided herein.

24.7 Headings & Interpretation

Section headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." References to "days" mean calendar days unless otherwise specified.

26Contact Information

If you have any questions, concerns, or disputes regarding these Terms, please contact us:

General Legal Inquiries

Email: legal@dakdantalent.com

Address: DAKDAN Talent LLC
[Corporate Address]
[City, State ZIP]
United States

EU/UK Inquiries

EU Representative:
eu-legal@dakdantalent.com

UK Representative:
uk-legal@dakdantalent.com

Billing & Refunds

Email: billing@dakdantalent.com
Refunds: refunds@dakdantalent.com

Customer Support

Email: support@dakdantalent.com
Help Center: help.dakdantalent.com

Acknowledgment of Agreement

BY USING THE DAKDAN TALENT PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

This is a comprehensive international Terms of Service. For specific legal questions about your jurisdiction, contact legal@dakdantalent.com