Terms of Service

2.5. Public Nature of the Platform 2.5.1. DonutJobs is a public job board and talent marketplace. You acknowledge and agree that certain data you submit to the Platform is intended to be publicly accessible to facilitate the Platform's core purpose of connecting Employers and Jobseekers. 2.5.2. The following categories of User-submitted data are publicly visible by default ("Public Data"): (a) Jobseeker profiles, including name, professional title, skills, work experience, education, location, language proficiency, assessment scores, and any other information submitted as part of the Jobseeker profile; (b) Employer profiles, including company name, company description, logo, and location; (c) Job listings, including job title, description, requirements, compensation range (if provided), and location; and (d) Any other content you voluntarily publish or post on publicly accessible areas of the Platform. 2.5.3. The following categories of data are not publicly visible ("Private Data"): (a) Account credentials (passwords, authentication tokens); (b) Private messages and communications between Users; (c) Payment information; (d) Internal account settings and preferences; and (e) Data explicitly designated as private by Platform functionality. 2.5.4. By submitting Public Data to the Platform, you acknowledge and agree that: (a) Such data will be accessible to any person or entity with internet access, including other Users, non-registered visitors, search engines, web crawlers, and third-party services; (b) DonutJobs has no obligation to restrict access to, screen, or limit the distribution of Public Data; (c) Public Data may be indexed by search engines and may appear in search results outside the Platform; (d) Once Public Data is accessed or copied by third parties, DonutJobs has no ability to control its further use, distribution, or retention by those third parties; (e) You have no expectation of privacy with respect to Public Data; (f) You voluntarily assume all risks associated with making Public Data publicly available, including the risk of unwanted contact, data harvesting by third parties, identity misuse, or replication of your data on other platforms; and (g) You are solely responsible for determining what information to include in your public profile or listings, and you should not submit any information you wish to keep private. 2.5.5. DonutJobs expressly disclaims all liability for any loss, damage, claim, or harm arising from the public availability of Public Data, including without limitation: unauthorized use of Public Data by third parties; data scraping or harvesting by third parties (notwithstanding DonutJobs' prohibition of such activity in Section 11.3); identity theft or misuse; reputational harm; unwanted contact or solicitation; or any other consequence of data being publicly accessible on the internet. 2.5.6. You may modify or remove your Public Data at any time through your account settings. However, you acknowledge that: (a) cached or archived versions of your Public Data may persist on third-party services (including search engine caches) after removal from the Platform; and (b) Public Data that has been accessed, copied, or downloaded by third parties prior to removal cannot be recalled or deleted by DonutJobs.

2.6. Automatic Profile Creation 2.6.1. By registering for an account as a Jobseeker, you understand and agree that the Platform will automatically generate a publicly visible Jobseeker profile ("Jobseeker Profile") using the information you provide during and after registration, including but not limited to your name, professional title, skills, work experience, education, location, language proficiency, and assessment scores. 2.6.2. Creation of a Jobseeker Profile is a mandatory and integral feature of the Platform for Jobseeker accounts. You cannot register as a Jobseeker without a Jobseeker Profile being created. If you do not wish to have a public profile, do not register as a Jobseeker. 2.6.3. Your Jobseeker Profile is Public Data as defined in Section 2.5.2(a) and is subject to all provisions of Section 2.5, including public visibility, search engine indexing, and the associated disclaimers and risk assumptions. 2.6.4. You may edit your Jobseeker Profile at any time through your account settings. You may request deletion of your Jobseeker Profile by deleting your account, subject to the limitations described in Sections 2.5.6 and 2.7.7.

2.7. Talent Pool and Commercial Use of Jobseeker Data 2.7.1. DonutJobs operates a commercial Talent Pool feature ("Talent Pool") through which Jobseeker Profiles and associated Public Data are made available to Employers who subscribe to paid plans on the Platform. The Talent Pool is a core revenue-generating feature of the Platform. 2.7.2. By creating a Jobseeker account, you expressly and specifically consent to the following commercial uses of your Jobseeker Profile and Public Data: (a) Inclusion in the Talent Pool, which is accessible to Employers with active paid subscriptions; (b) Display, distribution, and presentation of your Jobseeker Profile to paying Employers through the Platform's search, filtering, matching, and recommendation features; (c) Use of your Public Data in aggregated, anonymized, or statistical form for analytics, benchmarking, marketing materials, and reporting; and (d) Inclusion in curated candidate shortlists, automated matching results, or recommended candidate lists presented to Employers. 2.7.3. For the avoidance of doubt: DonutJobs charges Employers for access to the Talent Pool as part of its subscription plans. Jobseekers do not receive compensation for inclusion in the Talent Pool. The commercial nature of this arrangement is a fundamental condition of the free Jobseeker account. 2.7.4. DonutJobs does not sell your personal data to third parties in the sense of transferring ownership or providing unrestricted bulk data exports. Employer access to Jobseeker Profiles is provided through the Platform interface and is governed by these Terms and the Employer's subscription agreement. Employers may not scrape, bulk download, or redistribute Jobseeker data outside the Platform (see Section 11.3). 2.7.5. Employers accessing the Talent Pool are bound by these Terms and are prohibited from using Jobseeker data for any purpose other than evaluating candidates for legitimate employment or engagement opportunities. Prohibited uses include, without limitation: reselling or redistributing Jobseeker data; using Jobseeker data for unsolicited marketing unrelated to employment; and compiling Jobseeker data into competing databases or platforms. 2.7.6. DonutJobs reserves the right to modify, expand, or restrict the Talent Pool feature, including the scope of data available to Employers, at any time and at its sole discretion. 2.7.7. If you wish to withdraw consent to inclusion in the Talent Pool, you may do so by deleting your Jobseeker account. Upon account deletion: (a) your Jobseeker Profile will be removed from the active Talent Pool within a commercially reasonable timeframe, not to exceed thirty (30) days; (b) anonymized or aggregated data derived from your profile that can no longer be attributed to you individually may be retained indefinitely; and (c) Employers who have previously accessed, saved, or downloaded your profile information prior to deletion may retain that information, and DonutJobs has no ability to compel its deletion from Employer systems.

2.8. Platform Communications 2.8.1. Communications transmitted through the Platform (including messages between Employers and Jobseekers) are processed and stored on DonutJobs' infrastructure. By using the Platform's communication features, you consent to the transmission, storage, and processing of such communications. 2.8.2. DonutJobs may access, review, or disclose communications: (a) to operate and maintain the Platform; (b) to investigate violations of these Terms or the Acceptable Use Policy; (c) to respond to lawful legal process; or (d) to protect the safety or rights of any person. DonutJobs is not responsible for the content of communications between Users.

5.6. Algorithmic Ranking, Scoring, and Automated Processing 5.6.1. The Platform may use automated systems, algorithms, scoring models, and heuristics (collectively, "Automated Tools") to rank, sort, score, match, recommend, or otherwise organize Jobseeker profiles, job listings, and candidate pipelines. Automated Tools include, without limitation: profile completeness scores ("DonutScore"), candidate-job matching algorithms, automated candidate assignment to pipeline stages, swipe-based candidate presentation queues, and smart filtering features. 5.6.2. Automated Tools are provided as productivity aids for Employers and organizational aids for Jobseekers. Automated Tools do not make hiring decisions. All hiring, rejection, engagement, and termination decisions are made solely by Employers. DonutJobs bears no responsibility for any employment outcome influenced by or correlated with the output of any Automated Tool. 5.6.3. DonutJobs does not warrant or represent that any Automated Tool is accurate, unbiased, complete, or suitable for any particular purpose. Automated Tool outputs are probabilistic and may produce results that are incorrect, incomplete, or that inadvertently correlate with protected characteristics. Employers are solely responsible for evaluating Automated Tool outputs and for ensuring that their reliance on such outputs complies with all applicable law, including anti-discrimination, equal opportunity, and algorithmic accountability laws in their jurisdiction. 5.6.4. DonutJobs may modify, retrain, discontinue, or replace any Automated Tool at any time, without notice, and without liability for changes in output, ranking, scoring, or candidate presentation resulting therefrom. 5.6.5. To the maximum extent permitted by applicable law, DonutJobs disclaims all liability arising from or related to the operation, output, or use of Automated Tools, including without limitation: claims of algorithmic bias, disparate impact, or discriminatory effect; claims of inaccurate scoring, ranking, or matching; claims of reduced visibility, unfavorable ranking, or exclusion from candidate pools; and claims arising under any algorithmic accountability, automated decision-making, or artificial intelligence law or regulation in any jurisdiction.

5.7. AI Assistants, MCP Integrations, and Employer-Connected Tools 5.7.1. The Platform may allow Employers to connect third-party artificial intelligence tools, agentic software, Model Context Protocol ("MCP") clients, automation systems, or similar external tools ("Connected AI Tools") to their DonutJobs account. Connected AI Tools may access, retrieve, summarize, organize, draft, or act upon data available to the Employer through the Platform, including Jobseeker Profiles, applications, assessment results, pipeline stages, Team Member notes, Chat messages, job listings, and related hiring workflow data. 5.7.2. Employers are solely responsible for selecting, configuring, authorizing, supervising, and securing any Connected AI Tool they connect to the Platform. Employers acknowledge that use of a Connected AI Tool may transmit Jobseeker personal data to third-party providers selected by the Employer, and that such providers' processing is governed by the Employer's relationship with those providers, not by DonutJobs, except where DonutJobs expressly acts as the provider or subprocesses data on the Employer's behalf. 5.7.3. Connected AI Tools are provided or enabled solely as productivity aids. They do not make hiring, rejection, engagement, termination, compensation, or other employment-related decisions. Employers must exercise independent human judgment and must review all AI-generated outputs before relying on them, sending communications, moving candidates between pipeline stages, publishing jobs, rejecting candidates, or taking any other action that may affect a Jobseeker. 5.7.4. Employers may not use Connected AI Tools to discriminate against, rank, exclude, target, or otherwise make decisions about Jobseekers on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information, marital status, veteran status, pregnancy, health status, ethnicity, citizenship, immigration status, or any other characteristic protected by applicable law. Employers are solely responsible for ensuring that their use of Connected AI Tools complies with all applicable employment, anti-discrimination, data protection, privacy, consumer protection, and artificial intelligence laws. 5.7.5. Employers must not use Connected AI Tools to scrape, bulk export, resell, redistribute, enrich, profile, train models on, or otherwise process Jobseeker data for purposes unrelated to legitimate hiring or engagement opportunities. Employers must maintain appropriate confidentiality, access controls, human oversight, and security safeguards for all tokens, API keys, prompts, outputs, and data made available to Connected AI Tools. 5.7.6. Jobseekers acknowledge that Employers may use Connected AI Tools to assist with hiring workflows, including summarizing applications, drafting messages, organizing pipelines, preparing candidate shortlists, or reviewing Platform data. DonutJobs does not control Employer-selected Connected AI Tools and is not responsible for an Employer's use, misuse, retention, disclosure, or onward transfer of Jobseeker data through such tools, except to the extent prohibited by Mandatory Local Law. 5.7.7. DonutJobs may log, monitor, rate-limit, suspend, revoke, or restrict Connected AI Tool access to protect Platform security, investigate abuse, enforce these Terms, comply with law, or reduce risk to Users. DonutJobs may modify, suspend, or discontinue Connected AI Tool functionality at any time without liability. 5.7.8. To the maximum extent permitted by applicable law, DonutJobs disclaims all liability arising from or related to Connected AI Tools, including without limitation: inaccurate, incomplete, biased, unlawful, or discriminatory outputs; Employer reliance on AI-generated content; unauthorized access caused by Employer token or credential handling; third-party AI provider processing; and any employment outcome influenced by a Connected AI Tool.

5.8. Employer-Created Forms 5.8.1. The Platform provides a form builder feature ("Form Builder") that enables Employers to create, distribute, and manage custom data collection forms ("Employer Forms"). Employer Forms may be distributed to Jobseekers via the Platform's messaging features, embedded in job application flows, or shared via publicly accessible URLs. 5.8.2. Employers are the sole data controllers (as defined under applicable data protection law) for all data collected through Employer Forms. DonutJobs acts as a data processor with respect to Employer Form responses, processing such data on behalf of and at the instruction of the Employer, solely for the purpose of operating the Form Builder feature. 5.8.3. Employers are solely and exclusively responsible for: (a) the content, legality, and appropriateness of questions included in Employer Forms; (b) compliance with all applicable data protection, privacy, and anti-discrimination laws in connection with data collected through Employer Forms; (c) providing any required privacy notices or disclosures to respondents; (d) obtaining any required consent from respondents for the collection and processing of their data; and (e) the accuracy, security, and appropriate use of data collected through Employer Forms. 5.8.4. DonutJobs does not review, screen, approve, or monitor the content of Employer Forms. DonutJobs bears no responsibility for any data collected through Employer Forms, including sensitive personal information, identity documents, financial information, or other data that Employers may choose to solicit. 5.8.5. Employer Form responses are stored on DonutJobs' infrastructure and are accessible to the Employer and authorized team members (see Section 5.9). DonutJobs may delete Employer Form responses in accordance with Section 17 or upon account termination. 5.8.6. To the maximum extent permitted by applicable law, DonutJobs disclaims all liability arising from or related to Employer Forms, including without limitation: claims arising from unlawful, discriminatory, or inappropriate questions; claims arising from the collection, storage, or processing of sensitive personal information solicited by Employers; and claims arising from unauthorized access to or disclosure of Employer Form response data.

5.9. Team Collaboration and Multi-User Access 5.9.1. The Platform provides collaboration features that allow multiple authorized individuals within an Employer's organization ("Team Members") to access and manage the Employer's account, including but not limited to: job listings, candidate applications, chat threads with Jobseekers, Jobseeker profile data, Employer Form responses, pipeline stages, and file attachments. 5.9.2. Employers are solely responsible for: (a) determining which individuals are granted Team Member access; (b) assigning appropriate access roles (owner, member, or viewer); (c) revoking access for individuals who should no longer have it; and (d) ensuring that all Team Members comply with these Terms, applicable data protection laws, and any confidentiality obligations. 5.9.3. By communicating with an Employer through the Platform, Jobseekers acknowledge and agree that their messages, profile data, application information, assessment results, form responses, and file attachments may be accessible to multiple Team Members within the Employer's organization, and not solely to the individual who initiated the conversation. 5.9.4. DonutJobs does not monitor, audit, or control the actions of Team Members. DonutJobs bears no responsibility for any unauthorized access, disclosure, modification, or deletion of data by Team Members, including deletion of chat file attachments. Employers are solely liable for all actions taken by their Team Members on the Platform.

5.10. User Blocking and Reporting 5.10.1. The Platform provides features that allow Employers to block Jobseekers ("Block") and to report Users for suspected violations of these Terms or applicable law ("Report"). A Block prevents further communication between the blocked Jobseeker and the Employer's organization and may result in the automatic withdrawal or rejection of pending applications. 5.10.2. A Block applies at the organizational level: if an Employer blocks a Jobseeker, the Block applies across all job listings and Team Members associated with that Employer's account. 5.10.3. DonutJobs is not obligated to: (a) review, investigate, or adjudicate any Block or Report; (b) notify a blocked or reported User of the Block or Report, or the reasons therefor; (c) provide an appeals process for blocked or reported Users; or (d) take any action in response to a Report. DonutJobs may, but is not obligated to, investigate Reports and take action at its sole discretion. 5.10.4. To the maximum extent permitted by applicable law, DonutJobs disclaims all liability arising from or related to Blocks and Reports, including claims of wrongful blocking, lost employment opportunities, reputational harm, or retaliation.

5.11. Assessments, Skills Testing, and Voice Samples 5.11.1. The Platform may offer or facilitate skills assessments, aptitude evaluations, proficiency tests, and other evaluative tools ("Assessments"), which may include without limitation: typing speed tests, English language proficiency evaluations, internet connectivity and speed diagnostics, and voice sample recordings. Assessments are provided by DonutJobs or by third-party assessment providers integrated into the Platform. 5.11.2. Voice Sample Consent. Certain Assessments may require the recording, storage, and processing of your voice ("Voice Samples"). By voluntarily participating in any Assessment that involves voice recording, you expressly consent to: (a) the capture and digital recording of your voice; (b) the storage of Voice Samples on DonutJobs' infrastructure or third-party cloud storage providers; (c) the transmission of Voice Samples to Employers as part of your candidate profile; and (d) the retention of Voice Samples for the duration of your account, subject to Section 17. You acknowledge that Voice Samples may constitute biometric data, sensitive personal information, or analogous categories under applicable data protection laws, and you voluntarily and knowingly consent to such processing. You may withdraw consent by deleting your account in accordance with Section 2.7.7, at which point DonutJobs will delete stored Voice Samples within the timeframes described in Section 17. 5.11.3. Assessment results, scores, rankings, and outputs ("Assessment Results") are generated by automated systems and are provided on an "as is" basis. DonutJobs makes no representation or warranty regarding: (a) the accuracy, reliability, or validity of any Assessment or Assessment Result; (b) the correlation between Assessment Results and actual job performance, skill level, or aptitude; or (c) the methodology, scoring algorithm, or evaluation criteria used by any Assessment. 5.11.4. Assessment Results are informational tools only and do not constitute endorsements, certifications, or guarantees of competency. Employers are solely responsible for all hiring decisions and must exercise their own independent judgment. DonutJobs bears no liability for any hiring decision made in reliance on Assessment Results, nor for any employment outcome resulting therefrom. 5.11.5. DonutJobs may modify, discontinue, recalibrate, or replace any Assessment at any time without notice. Changes to Assessments may affect previously generated Assessment Results, and DonutJobs shall have no obligation to recalculate, update, or notify Users of changes to prior results. 5.11.6. To the maximum extent permitted by applicable law, DonutJobs disclaims all liability arising from or related to Assessments, Assessment Results, and Voice Samples, including without limitation: claims of inaccurate scoring, biased evaluation, lost employment opportunities resulting from Assessment Results, unauthorized access to or disclosure of Voice Samples, and claims under biometric data protection statutes (including the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, the Washington Biometric Identifier statute, and analogous state, federal, or international laws).

5.12. Third-Party Analytics, Tracking, and Advertising Technologies 5.12.1. The Platform uses third-party analytics, tracking, advertising, and customer engagement technologies (collectively, "Third-Party Technologies") to improve the Platform, analyze usage patterns, deliver targeted advertisements, and facilitate customer support. Third-Party Technologies currently deployed on the Platform include, without limitation: Meta Pixel (Meta Platforms, Inc.), Google Ads and Google Analytics (Google LLC), PostHog (PostHog, Inc.), Mixpanel (Mixpanel, Inc.), Intercom (Intercom R&D Unlimited Company), and Vercel Speed Insights (Vercel, Inc.). This list may change at any time without notice. 5.12.2. Third-Party Technologies may collect, process, and transmit data about your use of the Platform, including without limitation: pages visited, features used, click patterns, session duration, device identifiers, browser type, IP address, approximate geolocation, referral source, and conversion events. Such data may be transmitted to and processed by third-party servers located in jurisdictions outside your country of residence. 5.12.3. By using the Platform, you acknowledge and consent to the collection and processing of data by Third-Party Technologies as described herein. You further acknowledge that: (a) DonutJobs does not control the data processing practices of third-party technology providers; (b) data transmitted to third parties is subject to the respective privacy policies and terms of service of those third parties, not these Terms; and (c) DonutJobs bears no responsibility for any data processing, storage, sharing, or breach by third-party technology providers. 5.12.4. You may limit certain tracking through browser settings, ad-blocking extensions, or opt-out mechanisms provided by third-party technology providers (such as the Digital Advertising Alliance opt-out at aboutads.info or the Network Advertising Initiative opt-out at networkadvertising.org). However, disabling tracking technologies may impair Platform functionality. 5.12.5. To the maximum extent permitted by applicable law, DonutJobs disclaims all liability arising from or related to the collection, processing, transmission, storage, or breach of data by Third-Party Technologies, including claims under data protection statutes, consumer protection laws, or wiretapping and electronic surveillance laws.

5.13. Chat Communications and File Attachments 5.13.1. The Platform provides messaging and file-sharing features ("Chat") that enable Users to communicate and exchange files ("Attachments") in connection with job listings, applications, and hiring workflows. Chat messages and Attachments are stored on DonutJobs' infrastructure and are accessible to the sender, the recipient, and authorized Team Members of the recipient's organization (see Section 5.9). 5.13.2. Attachments are stored using secure, access-controlled storage with time-limited access URLs. DonutJobs implements reasonable technical measures to protect stored Attachments; however, DonutJobs does not guarantee the security, integrity, or availability of any Attachment and shall not be liable for any loss, corruption, unauthorized access, or deletion of Attachments. 5.13.3. DonutJobs may implement automatic file retention and purge policies. Attachments may be permanently deleted after a defined retention period (currently thirty (30) days from upload, subject to change without notice). Users are solely responsible for downloading and retaining copies of any Attachments they wish to preserve beyond the retention period. DonutJobs shall have no liability for Attachments deleted pursuant to its retention policies. 5.13.4. You are solely responsible for the content of your Chat messages and Attachments. You represent and warrant that you have all necessary rights to transmit any Attachment and that no Attachment contains: (a) malware, viruses, or malicious code; (b) content that infringes any third-party intellectual property right; (c) sensitive personal information that you are not authorized to share; or (d) content that violates the Acceptable Use Policy (Section 6). 5.13.5. DonutJobs does not monitor, screen, or review Chat messages or Attachments, except as required by law or as necessary to enforce these Terms. DonutJobs reserves the right to remove or disable access to any Attachment that violates these Terms or applicable law. 5.13.6. To the maximum extent permitted by applicable law, DonutJobs disclaims all liability arising from or related to Chat and Attachments, including without limitation: claims arising from lost, corrupted, or deleted files; unauthorized access to or disclosure of Attachments by Team Members or other authorized Users; transmission of malware or malicious files by Users; and reliance on the availability or persistence of stored Attachments.

10.8. Minimum Term Plans 10.8.1. Definitions. In these Terms: (a) "Billing Period" means the recurring interval at which fees for your subscription are charged. (b) "Minimum Term" means a committed minimum duration for a subscription, as displayed to you at the point of purchase. (c) "Minimum Term Plan" means any subscription purchased with a Minimum Term. (d) "Committed Rate" means the per-Billing-Period fee applicable to a Minimum Term Plan, which remains fixed for the duration of the Minimum Term to which it relates. 10.8.2. Billing Period and Minimum Term are independent. A Minimum Term Plan is charged in instalments at each Billing Period. THE BILLING PERIOD DOES NOT DETERMINE THE LENGTH OF YOUR COMMITMENT, AND THE END OF A BILLING PERIOD IS NOT THE END OF YOUR MINIMUM TERM. Unless expressly stated at the point of purchase, a Minimum Term Plan is not prepaid: you pay for it over the course of the Minimum Term rather than in advance. 10.8.3. Your commitment. By purchasing a Minimum Term Plan you agree to pay the Committed Rate for every Billing Period falling within the Minimum Term. The Committed Rate is offered in consideration of that commitment and is lower than the rate applicable to an equivalent subscription without a Minimum Term. 10.8.4. Cancellation. You may request cancellation of a Minimum Term Plan at any time. A CANCELLATION REQUEST DOES NOT TAKE EFFECT IMMEDIATELY, DOES NOT STOP OR REDUCE THE FEES PAYABLE FOR THE REMAINDER OF THE MINIMUM TERM, AND DOES NOT SHORTEN THE MINIMUM TERM. On receipt of a cancellation request: (a) your subscription is scheduled to terminate at the end of the current Minimum Term; (b) you remain liable for the Committed Rate for each Billing Period until that date; (c) your access continues, unchanged, until that date; and (d) no early-termination fee, accelerated balance, or other additional charge is applied, and the instalments falling due before the end of the Minimum Term are your only remaining obligation. By way of illustration only: on a six-month Minimum Term billed monthly, a cancellation requested during the fourth month takes effect at the end of the sixth month, and the fifth and sixth instalments remain payable. 10.8.5. Renewal. If a Minimum Term Plan is not cancelled before its Minimum Term ends, it renews automatically for a further Minimum Term of the same length as the one that has just ended, at the same Committed Rate. Section 10.8.4 applies to each renewed Minimum Term, so a cancellation requested during a renewed Minimum Term takes effect at the end of that renewed Minimum Term. 10.8.6. Restricted changes during a Minimum Term. While a Minimum Term is running you may not pause or suspend your subscription, transfer it, downgrade it, or otherwise take any action that reduces the fees payable for the remainder of that Minimum Term. This restriction applies irrespective of the interface or method used, including any self-service billing portal operated by DonutJobs or by its Payment Processor, and DonutJobs may reverse, adjust, or decline any change that would otherwise have that effect. These options become available once the Minimum Term has ended. 10.8.7. Upgrades. You may at any time change to a plan with a higher recurring fee. Unless DonutJobs states otherwise at the point of change, doing so commences a new Minimum Term for the plan you move to. 10.8.8. Non-payment. Failure to pay an instalment does not terminate, suspend, or shorten the Minimum Term, and does not release you from Section 10.8.3. Sections 10.5 and 10.7 apply to any outstanding amount, and DonutJobs may suspend access while it remains unpaid. 10.8.9. Refunds. Amounts already paid under a Minimum Term Plan are non-refundable except as expressly provided in our Refund Policy or as required by Mandatory Local Law. 10.8.10. Plans without a Minimum Term. Subscriptions and other purchases sold without a Minimum Term, including any plan sold as a single payment for a fixed period and any plan whose commitment is coextensive with its Billing Period, are not Minimum Term Plans. They are governed by Section 10.2.2 and by the terms disclosed at their point of purchase, and are unaffected by this Section 10.8. 10.8.11. Consumers. Where you contract with DonutJobs as a consumer rather than in the course of a business, and mandatory consumer-protection law in your jurisdiction restricts fixed-term commitments, automatic renewal, or the timing of cancellation, that law prevails over this Section 10.8 to the extent of any conflict, including any requirement that a renewed Minimum Term be terminable on shorter notice.