User Agreement

Biotech United, LLC

User Agreement and Terms of Service

The Company provides a hiring and contracting Marketplace that matches biotechnology Talent to Client companies through an efficient Platform optimized for the complex and ever-changing biotechnology sector.

1. Definitions

The following terms are used throughout this User Agreement (“Agreement”). These definitions apply universally.

  • 1.1. The Company: Biotech United, LLC.
  • 1.2. Platform: The online Marketplace operated by Biotech United, LLC that facilitates the connection between Clients and Talent. The Platform is not a biotech company nor does it provide any scientific or operational services. It only serves as an intermediary to connect Clients and Talent.
  • 1.3. Marketplace: The online two-sided system that connects Talent with Clients in need of specific skills or services on the Platform.
  • 1.4. Talent: Individuals offering their services through the Platform, including but not limited to:
    • 1.4.1. Full-Time Employees: Individuals hired permanently by a Client.
    • 1.4.2. Temporary Employees: Individuals hired on a non-permanent basis, typically managed through an Employer of Record (EOR, see below at 1.4).
    • 1.4.3. Freelancers and Consultants: Independent contractors providing specific services or expertise. They are responsible for their own tools, equipment, and work deliverables. They can also operate as an entity (such as a limited liability company, partnership, or S-corporation).
    • 1.4.4. Paid and Unpaid Interviewees: Individuals applying for roles or services offered through the Platform, including those participating in extended interview processes (see Section 1.5.5).
  • 1.5. Client: A biotechnology or pharmaceutical company, organization, or representative of such organization that uses the Platform to find and engage Talent for services, including full-time positions, temporary roles, consulting, freelance work, or interview opportunities. Clients are solely responsible for managing work conditions, payments, and ensuring workplace safety for any engaged Talent.
  • 1.6. Employer of Record (EOR): A third-party service provider responsible for managing temporary employees’ payroll, compliance, taxes, and benefits. The EOR acts as the official employer for legal and tax purposes but assigns the employee to work for a Client. All agreements involving the EOR are managed between the Client, Talent, and EOR, without the Platform’s involvement.
  • 1.7. Key Services:
    • 1.7.1. Permanent Hiring: Permanent hiring services connect companies with full-time employees suited for long-term roles within biotech organizations. These roles are typically focused on team expansion, specialized functions, or long-term growth. The Platform facilitates matching employers with candidates aligned with their operational needs.
    • 1.7.2. Temporary Hiring: Temporary staffing services (via EOR for three to twelve months) offer access to professionals available for short-term roles to address business demands such as project deadlines, staffing shortages, or parental leave coverage. These assignments typically range from three to twelve (3-12) months and provide flexibility without requiring long-term commitments.
    • 1.7.3. Freelance Projects: The Platform supports companies in engaging Freelancers and Consultants for project-based work or interim needs. Independent contractors listed on the Platform bring expertise across various areas such as data analysis, regulatory submissions, or technical writing.
    • 1.7.4. Paid Interviews: Paid interviews allow Clients to compensate candidates for their time spent in the interview process. This feature is designed to enhance the candidate experience by demonstrating respect for their time and expertise, making companies more attractive to high-quality Talent.
    • 1.7.5. Extended Interviews: Extended interviews serve as multi-day trial assignments that combine elements of freelance work with candidate evaluation. This arrangement allows companies to collaborate with candidates on real tasks, offering insight into the candidate’s fit and performance before making a formal hiring decision.
    • 1.7.6. Consulting Services: Consulting services on the Platform connect businesses with consultants specializing in biotech and life sciences. These professionals offer strategic or technical advice on areas such as compliance, clinical trial design, or market strategy.
  • 1.8. User: A User is a Client or Talent taking part in the Marketplace of the Platform.
  • 1.9. Public Profile / User Profile: A profile created by Talent or Clients on the Platform, which may include details such as work history, skills, or business information.

2. Platform Scope and Role

This section defines and limits the scope of the Platform’s role as a Marketplace that connects biotech professionals and Talent with Clients seeking their services. The Platform does not provide biotech or scientific services itself, nor does it – under any circumstances – assume any responsibility for the quality, outcome, or performance of work the Talent provides through the Platform.

2.1. Marketplace and Facilitator Role

  • 2.1.1. The Platform serves solely as a Marketplace for connecting Clients with Talent. It offers access to a wide range of biotech professionals, including Full-Time Employees, Temporary Employees, Freelancers and Consultants, and Paid and Unpaid Interviewees.
  • 2.1.2. The Platform does not employ Talent directly. All Talent offering services through the Platform are either hired independently by Clients or engaged through EOR services. Any agreements between the Talent, Clients, and EOR are managed exclusively by and between those parties.
  • 2.1.3. Talent, as defined in Section 1.2., performs services for Clients. The Platform does not, under any circumstances, manage, oversee, or guarantee the quality, performance, or results of the Talent’s services.

2.2. Employment Relationship Disclaimer

  • 2.2.1. No employment relationship exists between the Platform and any Talent or Client using the Platform.
  • 2.2.1.1. Permanent Employees hired through the Platform enter into employment agreements directly with Clients.
  • 2.2.1.2. Temporary Employees are managed by third-party EOR services, not the Platform. Additional terms and agreements related to employment, compensation, or benefits are determined exclusively between the Talent, Client, and EOR.
  • 2.2.1.3. Freelancers and Consultants are independent contractors, and any work arrangements, expectations, or deliverables are managed directly between them and the Client.

2.3. Compensation, Payment, and Rates

  • 2.3.1. All rates, compensation, and working hours are negotiated directly between Talent and Clients.
  • 2.3.2. The Platform sets fees for using the Marketplace but does not regulate or verify the fairness or accuracy of pay agreements between Talent and Clients. The Platform is not responsible for disputes over payment, rates, working conditions, or hours, nor does it participate in enforcing such agreements.

2.4. EOR Services and Liability Disclaimer

  • 2.4.1. For temporary positions, the Platform may facilitate connections with an EOR service to manage employment, payroll, and compliance.
  • 2.4.2. The EOR agreement is entirely between the Client, Talent, and the EOR. The Platform bears no responsibility for the EOR’s services, nor is it liable for any issues related to payroll, benefits, or employment disputes.

2.5. No Responsibility for Work Quality or Outcomes

  • 2.5.1. The Platform does not manage, supervise, or guarantee the quality, results, or outcomes of any services provided through it.
  • 2.5.2. Clients are solely responsible for evaluating Talent, setting expectations, and ensuring the satisfactory completion of projects or assignments.
  • 2.5.3. Any disputes related to performance, deadlines, or the quality of services are the responsibility of the Client and the Talent to resolve.

2.6. The Platform’s Non-Involvement in Biotechnology Services

  • 2.6.1. The Platform is not in the business of providing biotechnology, scientific, or research services.
  • 2.6.2. The Platform’s role is strictly limited to facilitating connections between Clients and Talent within the biotech and life sciences industries. The Platform does not provide consulting, research, or operational services in any scientific capacity.

2.7. The Platform’s Limitations of Liability

  • 2.7.1. The Platform does not assume liability for the actions, conduct, or work provided by any Talent, Client, or third-party partner.
  • 2.7.2. All legal, compliance, and safety obligations lie with the parties involved, including any responsibility for proper training, workplace safety, or adherence to applicable laws and regulations.

3. User Conduct and Communication Rules

All Users of the Platform, including Clients and Talent, must adhere to the following conduct and communication rules. Failure to comply may result in suspension, termination of accounts, or other actions deemed necessary by the Platform.

3.1. Providing Accurate Information

  • 3.1.1. Users are required to provide complete, accurate, and truthful information when creating profiles, posting projects, or engaging in communication on the Platform.
  • 3.1.2. The Platform is not liable for any inaccurate, false, or misleading information submitted by Users, including but not limited to credentials, qualifications, job postings, or work experience.
  • 3.1.3. Users are responsible for updating their information regularly to ensure it remains current.

3.2. Proprietary and Confidential Information

  • 3.2.1. Users are discouraged from sharing proprietary, confidential, or sensitive information on the Platform until a formal service agreement or contract is in place between the parties.
  • 3.2.2. The Platform highly recommends Users to enter into Non-Disclosure Agreements (NDAs) or similar agreements before disclosing any proprietary information. The responsibility lies with the parties involved to ensure appropriate legal protections are in place for any information shared.
  • 3.2.3. The Platform is not responsible for any loss, leakage, or misuse of proprietary information disclosed by Users. Any disclosure of proprietary information is at the sole risk of the disclosing party.
  • 3.2.4. Users should take appropriate measures to limit the information shared in preliminary discussions or before entering into a formal agreement.

3.3. Prohibited Conduct

  • 3.3.1. Users shall not post or engage in the following activities:
    • 3.3.1.1. Hate speech or promotion of discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected class.
    • 3.3.1.2. Harassment, bullying, or abusive behavior, including sending unwanted messages or making threats.
    • 3.3.1.3. Defamatory remarks or false statements intended to harm the reputation of individuals, companies, or organizations.
    • 3.3.1.4. Fraudulent activities such as impersonation, misrepresentation of qualifications, or use of the Platform for illegal purposes.
    • 3.3.1.5. Inappropriate content that does not align with the professional standards expected on the Platform.

3.4. Platform Circumvention

  • 3.4.1. All initial communication and transactions must occur through the Platform. Users are not permitted to exchange personal contact information (e.g., phone numbers, email addresses) until a formal contract is established.
  • 3.4.2. Users are prohibited from circumventing the Platform by engaging directly with Talent or Clients outside the Platform to avoid paying fees.
  • 3.4.3. Retroactive fees may apply, and the Platform reserves the right to pursue legal action for circumvention or breach of these rules.

3.5. Compliance with Laws and Regulations

  • 3.5.1. Users must comply with all applicable laws and regulations, including employment laws, labor laws, tax laws, and anti-discrimination laws, when using the Platform.
  • 3.5.2. Users are responsible for ensuring they have the necessary licenses, permits, or certifications required to provide services or hire Talent legally.

3.6. Professionalism and Fair Dealing

  • 3.6.1. Users are expected to maintain a high level of professionalism and respect in all interactions.
  • 3.6.2. Clients must provide clear and accurate descriptions of projects and expectations, while Talent must deliver agreed-upon work to the best of their abilities.
  • 3.6.3. Users are required to act in good faith and conduct negotiations fairly.

3.7. Liability for User Conduct

  • 3.7.1. The Platform is not liable for disputes, misconduct, or breaches by Users, including missed payments, poor performance, or non-compliance with agreements.
  • 3.7.2. Users are encouraged to resolve disputes amicably, and independent dispute resolution services may be recommended if necessary.
  • 3.7.3. The Platform assumes no responsibility for legal consequences resulting from User actions, including unlawful conduct or breach of agreements.

3.8. Privacy and Confidentiality

  • 3.8.1. Users shall respect the privacy of others and refrain from sharing personal or sensitive information without consent.
  • 3.8.2. Misuse of another User’s personal information may result in suspension, termination, or further action by the Platform.

3.9. Reporting Violations

  • 3.9.1. Users may report violations of these conduct rules to the Platform’s support team.
  • 3.9.2. The Platform reserves the right to investigate complaints and take appropriate action, including account suspension or termination.

4. Payment Processing and Financial Disclaimers

4.1. Third-Party Payment Providers

  • 4.1.1. All payments are processed through Stripe or through the Employer of Record service.
  • 4.1.2. The Company does not store or collect any credit card or banking information from Users.
  • 4.1.3. The Platform is not responsible for financial data breaches, payment issues, delays, or disputes related to Stripe or other payment processors.

4.2. Platform Fees

  • 4.2.1. Subscription fees and service fees are charged for access to the Platform and other services.
  • 4.2.2. All fees are subject to change at the Platform’s discretion with prior notice.

5. Data Collection, Use, and Sharing Policy

This section outlines the Company’s practices regarding the collection, use, sharing, and retention of User information. By using the Platform, Users agree to the terms outlined below.

5.1. Data We Collect

The Company or Platform may collect the following types of data from Users to provide services and comply with legal obligations:

  • User-Provided Information
    • Personal Information

      Name, email address, phone number, and other contact details.

    • Professional Information
      • Resumes, portfolios, work experience, skill sets, and other materials uploaded by Users.
      • Talent may also indicate preferences for full-time, temporary, freelance, or consulting roles.
  • 5.2. Tax and Legal Information
    • For Freelancers or Independent Contractors: Social Security numbers (SSNs), tax identification numbers (TINs), or residential addresses may be collected to issue 1099-NEC forms.
    • Storage: This information may be stored securely on our encrypted servers or managed through a third-party vault service.
    • The information will not be shared with third parties, and it will only be used to meet legal tax filing requirements.
  • 5.3. Financial Information
    • Bank account or credit card details required for payments, which are collected and processed by Stripe, our third-party payment provider.
    • The Platform does not directly store or manage financial information.

5.4. Use of Information

The Platform uses the information it collects for the following purposes:

  • Facilitating Communication and Matching: Connecting Clients and Talent for job opportunities, including Full-Time, Temporary, Freelance, and Consulting roles.
  • Improving Services: Enhance the Platform’s functionality, security, and User experience.
  • Customer Support: Provide troubleshooting and technical support to Users.
  • Compliance with Legal Requirements: Issue necessary tax documents (e.g., 1099-NEC forms) and comply with relevant regulations.
  • Third-Party Services: Enable external partners, such as EOR providers, to fulfill their functions.

5.5. Sharing and Selling of Information

6. Client Responsibility for Training and Safety

This section outlines the roles and responsibilities of Clients regarding the provision of necessary training, tools, equipment, and workplace safety when engaging Talent through the Platform. It also defines the limits of the Platform’s liability for any incidents or disputes that may arise during the execution of services.

6.1. Training and Support Obligations

  • 6.1.1. Clients’ Responsibility for Training and Support
    • Clients are responsible for providing any required training, support, tools, and equipment necessary for Talent to perform their duties, especially for:
      • Permanent hires placed through the Platform.
      • Temporary hires engaged through the Platform’s Employer of Record (EOR) service.
  • 6.1.2. Freelancers and Consultants
    • For freelancers and consultants, the provision of equipment and tools is generally not required from the Client, as these professionals typically supply their own tools and resources. However, if additional equipment or specific tools are required to complete the project, the responsibility to arrange these terms lies solely between the Client and the freelancer or consultant.
  • 6.1.3. Platform's Responsibility
    • The Platform assumes no responsibility for disputes or misunderstandings regarding equipment, tools, or training between the Client and the Talent.

6.2. Workplace Safety Responsibilities

  • 6.2.1. Client's Responsibility for Workplace Safety
    • Regardless of the type of engagement—whether Permanent Hire, Temporary Hire, Freelancer, Consultant, or any kind of Interviewee—Clients bear full responsibility for ensuring a safe working environment. This applies to:
      • On-site engagements at the Client’s facilities.
      • Remote work arrangements where Talent performs services from their own location or another remote setup.
  • 6.2.2. Compliance with Health and Safety Laws
    • Clients must ensure that the work environment complies with applicable health and safety laws and industry best practices, including providing necessary accommodations, as required by law.

6.3. Liability for Accidents, Injuries, and Workplace Incidents

  • 6.3.1. Platform's Liability
    • The Platform is not liable for any injuries, illnesses, accidents, or other workplace incidents that occur during the execution of services, whether on-site or remotely.
  • 6.3.2. Client's Liability
    • Clients assume full liability for any incidents or injuries that arise in the course of work performed under any contract facilitated through the Platform, including:
      • Permanent Hires placed through the Platform.
      • Temporary Employees through EOR services.
      • Freelancers, Consultants, or Contractors performing specific project-based work.
      • Interviewees conducting any work during interviews.

6.4. Negligence and Disputes During Service Execution

  • 6.4.1. Platform’s Responsibility
    • The Platform assumes no responsibility for any negligence, errors, or omissions that may occur during the execution of services by the Talent.
  • 6.4.2. Client-Talent Disputes
    • Any disputes, disagreements, or conflicts that arise between the Client and the Talent—whether related to the scope of work, performance, or safety—are the sole responsibility of the parties involved.
  • 6.4.3. Mediation of Disputes
    • The Platform will not mediate disputes unless specifically stated in a separate agreement or service-level terms.

6.5. Insurance and Indemnification

  • 6.5.1. Insurance Coverage
    • Clients, Freelancers, Consultants, and Interviewees are encouraged to maintain appropriate insurance coverage for accidents, injuries, and other liabilities that may arise from the services performed by Talent.
  • 6.5.2. Indemnification
    • Clients, freelancers, consultants, and interviewees agree to indemnify and hold the Platform harmless from any claims, liabilities, damages, or expenses resulting from:
      • Any injury, illness, or accident occurring during service execution.
      • Allegations of negligence, discrimination, or harassment involving Talent engaged through the Platform.

7. Indemnification and Platform Liability Limitation

7.1. Indemnification

  • 7.1.1. User Responsibility
    • Clients and Talent must indemnify, defend, and hold harmless Biotech United, its officers, employees, affiliates, and partners from and against any claims, damages, liabilities, costs, or expenses (including legal fees) arising from:
      • Their actions, negligence, willful misconduct, or disputes.
      • Any breach of these Terms of Service or any third-party rights (e.g., intellectual property, privacy rights).
      • Violation of applicable laws and regulations.
  • 7.1.2. Platform’s Cooperation
    • Users agree to cooperate fully in the defense of any claim.
  • 7.1.3. Failure to Indemnify
    • Failure to indemnify may result in account suspension or termination.

7.2. Platform Liability Cap

  • 7.2.1. Liability Limit
    • The Company’s liability is limited to the total amount of fees the User has paid in the preceding 12 months before the claim.
  • 7.2.2. Exclusion of Indirect Damages
    • The Platform is not liable for any:
      • Loss of profits, reputation, or business.
      • Indirect, incidental, or consequential damages, even if foreseeable.
  • 7.2.3. Exceptions
    • Liability limitations may not apply where prohibited by law (e.g., certain consumer protection laws).

8. Dispute Resolution and Governing Law

8.1. Dispute Resolution Process

  • 8.1.1. Users are encouraged to attempt resolution directly through negotiation or mediation.
  • 8.1.2. Biotech United may assist with dispute mediation but is under no legal obligation to do so.
  • 8.1.3. Escalation Process:
    • 8.1.3.1. If disputes are not resolved within 30 days, parties may pursue legal remedies under the governing law.

8.2. Governing Law and Jurisdiction

  • 8.2.1. These terms are governed by the laws of the State of California.
  • 8.2.2. Any disputes will be resolved exclusively in Federal and State courts located in the State of California, U.S.A.

9. Termination and Account Suspension

9.1. Right to Terminate or Suspend Accounts

  • 9.1.1. Accounts may be suspended or terminated for:
    • 9.1.1.1. Violation of Platform rules, misuse, or fraudulent activities.
    • 9.1.1.2. Circumventing Platform fees or payment systems.

9.2. Notice and Appeals

  • 9.2.1. Users will receive written notice of termination, with a 14-day period to appeal.
  • 9.2.2. Appeals will be reviewed on a case-by-case basis, and Biotech United’s decision will be final.

9.3. Account Inactivity

  • 9.3.1. Accounts inactive for 12 months may be deactivated to maintain Platform integrity.
  • 9.3.2. Reactivation Requests: Users may request reactivation within 30 days of deactivation.

9.4. Restrictions on Email Domains and Client Verification

  • 9.4.1. Company Email Requirement:
    • 9.4.1.1. All Client accounts must be registered using a company email domain that matches the Client’s business (e.g., @companyname.com).
    • 9.4.1.2. Clients, hiring managers, or their representatives cannot use personal email addresses from generic domains like Gmail, Outlook, Hotmail, Yahoo, or other publicly available email domains.
    • 9.4.1.3. Account Deletion: Accounts created with personal email domains will be removed and deleted promptly to ensure only legitimate business representatives are on the Platform.

9.5. Prohibition of Competitor Accounts

  • 9.5.1. Staffing and Recruitment Companies:
    • 9.5.1.1. Other businesses, including staffing agencies, recruitment firms, or other competing Platforms, are not permitted to create accounts on the Platform.
    • 9.5.1.2. Immediate Removal: Any such accounts will be removed immediately upon detection.
  • 9.5.2. Monitoring and Enforcement: Biotech United actively monitors for unauthorized accounts and reserves the right to take additional action, including banning IP addresses associated with such businesses.

10. Intellectual Property and Confidentiality

10.1. Platform Intellectual Property

  • 10.1.1. All content, software, logos, and trademarks are the exclusive property of the Company.
  • 10.1.2. User Responsibilities:
    • 10.1.2.1. Users may not copy, distribute, modify, or reverse-engineer Platform elements without written permission.
    • 10.1.2.2. Unauthorized use may result in suspension and legal action.

10.2. User Data and Confidentiality

  • 10.2.1. Users must secure any confidential information they exchange on the Platform.
  • 10.2.2. Platform Liability: The Company is not liable for unauthorized disclosures by other Users.

10.3. Confidentiality of Proprietary Information

  • 10.3.1. Users should protect sensitive information with NDAs or similar agreements.

11. Force Majeure

11.1. The Company is not liable for delays or interruptions caused by circumstances beyond its control, including but not limited to:

  • 11.1.1. Natural disasters (e.g., earthquakes, floods, wildfires, droughts);
  • 11.1.2. Power or internet outages;
  • 11.1.3. Labor strikes, pandemics, or government actions; or
  • 11.1.4. Warfare, revolts, riots, protests, or human-made destruction or violence.

11.2. Service Continuity Efforts

  • 11.2.1. The Platform will make reasonable efforts to resume services as soon as possible.

12. Feedback and Reviews

12.1. User Reviews

  • 12.1.1. Clients and Talent may leave feedback on completed projects.
  • 12.1.2. Moderation Policy:
    • 12.1.2.1. The Company reserves the right to remove reviews that contain:
      • 12.1.2.1.1. Harassment, discrimination, or defamatory language.
      • 12.1.2.1.2. Irrelevant content or promotional material.

12.2. Dispute of Reviews

  • 12.2.1. Users may challenge unfair reviews, and the Platform will investigate the complaint.

13. Service Changes and Platform Modifications

13.1. Right to Modify Services

  • 13.1.1. Biotech United may change, suspend, or discontinue services, with reasonable notice provided to Users.
  • 13.1.2. No Liability for Changes: The Platform is not responsible for any inconvenience resulting from service modifications.

13.2. Policy Updates

  • 13.2.1. Users will receive email or Platform notifications about material changes to policies.
  • 13.2.2. Continued Use as Acceptance: By continuing to use the Platform after updates, Users accept the revised terms.

14. Confidentiality of Paid and Extended Interviews

14.1. Information shared during paid or extended interviews must remain confidential.

14.2. Consent Requirement: Neither party may disclose interview content without mutual consent.

14.3. Non-Binding Nature: Participation in paid interviews does not guarantee employment or further engagement.

15. Tax Obligations

15.1. User Responsibility

  • 15.1.1. Users are responsible for reporting income and paying taxes in their jurisdictions.

15.2. Platform Disclaimer

  • 15.2.1. The Company does not withhold taxes, remit taxes, or provide tax advice.
  • 15.2.2. Users should consult tax professionals for guidance.
  • 15.2.3. 1099 Forms: Freelancers or independent contractors receiving payments above a certain threshold will receive 1099-NEC forms.

16. Fraud Prevention and Identity Verification

16.1. Verification Requirements

  • 16.1.1. The Platform may require identity verification to protect against fraudulent activity.
  • 16.1.2. Methods: This may include verifying government-issued ID or other relevant identity documents.

16.2. Fraudulent Activity

  • 16.2.1. Accounts found engaging in fraud will be suspended immediately.
  • 16.2.2. Reporting to Authorities: Fraudulent behavior may be reported to the appropriate authorities, including law enforcement.

17. No Warranty Disclaimer

17.1. No Guarantee of Results

  • 17.1.1. The Company provides services on an “as-is” and “as-available” basis, without any warranties, express or implied.
  • 17.1.2. No Warranty of Service Continuity: The Platform does not guarantee uninterrupted access or availability.
  • 17.1.3. Limitation of Implied Warranties:
    • 17.1.4. To the extent permitted by law, any implied warranties (e.g., fitness for a particular purpose) are disclaimed.