1. Binding Agreement & Acceptance of Terms
By accessing, browsing, subscribing to, or utilizing the Job Applicant Investigator platform, software, services, or algorithms (collectively referred to as "JAI Bot", "the Service", "the Software", "Company", "we", "us", or "our"), you ("User", "Subscriber", "Employer", or "Recruiter") unreservedly agree to be legally bound by these Terms and Conditions in their entirety. If you do not agree to these terms, you must immediately terminate use of the platform.
2. Non-CRA Classification & Strict Fair Credit Reporting Act (FCRA) Disclaimer
JAI BOT IS NOT A CONSUMER REPORTING AGENCY ("CRA") as defined under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"), state credit reporting acts, or international consumer reporting directives. The reports, scores, estimates, linguistic evaluations, and dossiers provided by the Service DO NOT CONSTITUTE "CONSUMER REPORTS". User explicitly covenants, warrants, and agrees that it SHALL NOT utilize any data, reports, scores, or intelligence derived from the Service, in whole or in part, as a factor in establishing an individual’s eligibility for employment, promotion, reassignment, retention, credit, insurance, housing, or any other permissible purpose governed by the FCRA without conducting an independent, lawful background check through an accredited CRA and complying strictly with mandatory pre-adverse and adverse action notice procedures.
3. Artificial Intelligence, Probabilistic Modeling & "As-Is" Output Disclaimer
All scores, integrity percentages, AI probability metrics, perplexity evaluations, skill matrices, hiring verdicts, and onboarding plans generated by JAI Bot are generated using automated natural language processing (NLP), large language models (LLMs), machine learning heuristics, and automated search index scraping. AI MODELS ARE INHERENTLY PROBABILISTIC AND SUBJECT TO HALLUCINATION, INACCURACIES, OMISSIONS, AND FALSE POSITIVES/NEGATIVES. The Company, its founders, officers, directors, employees, contractors, and agents make no representations, warranties, or guarantees, express or implied, regarding the factual accuracy, completeness, authenticity, or reliability of any applicant report or analysis. ALL SERVICES AND OUTPUTS ARE PROVIDED EXCLUSIVELY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS.
4. Absolute Limitation of Liability & Maximum Damages Cap
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW: IN NO EVENT SHALL JAI BOT, ITS PARENT COMPANY, OWNERS, FOUNDERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, COVER, REPUTATIONAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, GOODWILL, BUSINESS INTERRUPTION, WRONGFUL HIRING, MISSED HIRING OPPORTUNITIES, WRONGFUL TERMINATION LAWSUITS, DISCRIMINATION CLAIMS, OR REGULATORY FINES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MAXIMUM AGGREGATE LIABILITY: IN ANY EVENT, THE TOTAL CUMULATIVE AGGREGATE LIABILITY OF THE COMPANY AND ITS OWNERS ARISING FROM ALL CAUSES OF ACTION SHALL BE STRICTLY LIMITED TO AND SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE USER TO THE COMPANY IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE ALLEGED EVENT, OR ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD), WHICHEVER IS LESS.
5. Complete Indemnification by User
User agrees to defend, indemnify, and hold harmless JAI Bot, its parent entity, affiliates, owners, founders, officers, directors, employees, contractors, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) User's violation of these Terms; (b) User's use or misuse of the Service or its generated dossiers; (c) any employment decision, hiring action, adverse action, rejection, or leveling determination made by User or its representatives; (d) any violation of federal, state, or local employment discrimination laws (including Title VII of the Civil Rights Act, the ADEA, ADA, EEOC regulations, and state human rights acts); (e) any violation of the FCRA or privacy regulations (GDPR, CCPA/CPRA); or (f) User's unauthorized submission of candidate resumes, audio transcripts, or personally identifiable data.
6. User Warranties, Equal Opportunity & Data Compliance
User explicitly represents and warrants that: (a) it possesses all necessary lawful rights, consents, and business authorizations to upload and process candidate resumes, transcripts, and credentials; (b) it shall maintain sole, non-delegable legal responsibility for all personnel and hiring decisions; (c) it shall evaluate candidates in strict compliance with all applicable federal, state, and local equal employment opportunity (EEO) and anti-bias laws; and (d) it shall not reverse engineer, decompile, scrape, copy, or replicate any proprietary prompts, algorithmic scoring systems, or workflows of JAI Bot.
7. Intellectual Property, Trademarks & Copyrights
The entire Service, including its underlying code, Cloudflare Workers routines, database schemas, prompt engineering structures, heuristic matrices, UI design, color schemes, graphics, trademarks, trade dress, service marks, and logos (including "JAI Bot™", "Job Applicant Investigator™", "Audit Cockpit™", and the JAI Robot iconography) are the exclusive intellectual property of the Company and its owners, protected under United States and international copyright, trademark, patent, trade secret, and intellectual property laws. Unauthorized reproduction, modification, distribution, or commercial exploitation is strictly prohibited.
8. Mandatory Binding Arbitration & Class Action Waiver
ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) BEFORE A SINGLE ARBITRATOR. USER WAIVES ALL RIGHTS TO INITIATE OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE PROCEEDING, OR REPRESENTATIVE LITIGATION AGAINST THE COMPANY OR ITS OWNERS. ALL CLAIMS MUST BE BROUGHT SOLELY IN THE PARTY'S INDIVIDUAL CAPACITY.
9. Severability, Entire Agreement & Governing Law
These Terms constitute the entire legal agreement between the User and the Company regarding the Service. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.