Terms and Conditions

1. Acceptance of Terms

By accessing, browsing, or using the Job Smartly website, mobile application, or any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Job Smartly ("Company," "we," "us," or "our"). Your continued use of the Service following any changes to these Terms constitutes your acceptance of such changes.

2. Description of Service

Job Smartly provides a comprehensive platform designed to assist job seekers and employers in connecting with opportunities and talent. Our Service includes, but is not limited to:

• Job search assistance and matching services
• Resume optimization and career document creation
• Interview preparation and coaching
• Career guidance and professional development resources
• Networking opportunities and industry insights
• Skill assessment and training recommendations
• Employer branding and recruitment solutions

3. Eligibility and Account Registration

3.1 Eligibility Requirements

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

• Be at least 18 years of age or have parental consent
• Have the legal capacity to enter into binding agreements
• Provide accurate and complete registration information
• Maintain the security and confidentiality of your account credentials
• Not be prohibited from using the Service under applicable laws

3.2 Account Registration

When creating an account, you agree to:

• Provide truthful, accurate, and complete information during registration
• Maintain and update your information as necessary to keep it current
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized account access or security breaches
• Use your account only for lawful purposes

3.3 Account Responsibility

You are solely responsible for all activities conducted through your account, including any purchases, uploads, or interactions. We are not liable for any losses, damages, or unauthorized charges arising from your failure to maintain adequate security of your account credentials. If you believe your account has been compromised, contact us immediately.

4. Subscription Services and Billing

4.1 Subscription Plans

Job Smartly offers multiple subscription tiers to meet different user needs:

• Basic Plan: Limited access to core features including job search and resume tools
• Professional Plan: Enhanced features, priority support, and advanced matching algorithms
• Enterprise Plan: Full feature access, dedicated account management, and custom solutions

4.2 Billing and Payment Terms

• All subscription fees are billed in advance at the start of each billing cycle
• Payment is due immediately upon subscription activation
• Recurring charges occur automatically on each billing cycle unless cancelled
• All fees are non-refundable except as specified in our separate Refund Policy
• We accept major credit cards, debit cards, and other approved payment methods
• We use secure payment processing to protect your financial information

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel at least 72 hours (3 days) before the next billing date. Failure to cancel within this timeframe will result in automatic renewal and charging of your account. You can manage or cancel your subscription through your account dashboard at any time.

4.4 Fee Changes

We reserve the right to modify subscription fees at any time. Changes to your subscription rate will take effect at the beginning of your next billing cycle, following at least 30 days' written notice. We will notify you via email or in-app notification of any fee increases. Your continued subscription after such notice constitutes acceptance of the new fees.

4.5 Taxes

You are responsible for all applicable taxes, duties, and assessments imposed by any government authority on your subscription. Where applicable, we will collect and remit sales tax or VAT on your behalf. You agree to provide accurate tax information if required.

5. User Conduct and Prohibited Activities

5.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms and all applicable laws and regulations. You are solely responsible for ensuring your use of the Service complies with all federal, state, local, and international laws.

5.2 Prohibited Activities

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

• Violate any applicable federal, state, local, or international laws and regulations
• Infringe upon the intellectual property rights of Job Smartly or any other person or entity
• Transmit any harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable content
• Upload, distribute, or transmit viruses, malware, ransomware, or any malicious code
• Attempt to gain unauthorized access to our systems, accounts, or other users' accounts
• Engage in any form of harassment, discrimination, hate speech, or bullying
• Impersonate any person or entity or misrepresent your affiliation with any person or organization
• Collect, harvest, or scrape personal information of other users without express consent
• Use automated scripts, bots, web scrapers, or data mining tools without explicit written permission
• Interfere with or disrupt the Service's normal functionality, infrastructure, or availability
• Create multiple accounts to circumvent restrictions, limitations, or bans
• Engage in any activity that could damage our reputation, business interests, or brand
• Resell, redistribute, or commercialize the Service without authorization
• Reverse engineer, decompile, or attempt to discover the source code or underlying technology

5.3 Content Standards

Any content you create, upload, or submit to the Service must meet the following standards:

• Be accurate, truthful, and not misleading
• Comply with all applicable laws and regulations
• Respect the rights, privacy, and dignity of others
• Be appropriate for a professional work environment
• Not contain confidential, proprietary, or trade secret information belonging to others
• Not violate any third-party intellectual property rights

6. Intellectual Property Rights

6.1 Our Intellectual Property

Job Smartly and all related content, including but not limited to text, graphics, logos, images, icons, software code, algorithms, functionality, design, layout, and all other intellectual property, are owned by Job Smartly or our third-party licensors and protected by copyright, trademark, patent, trade secret, and other applicable intellectual property laws.

6.2 Limited License to Use

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for personal, non-commercial purposes in strict accordance with these Terms. This license does not include the right to:

• Modify, copy, or create derivative works from the Service
• Distribute, sublicense, or transfer the Service to third parties
• Remove or alter any proprietary notices, labels, or marks
• Use the Service for commercial purposes without explicit authorization

6.3 User-Generated Content

You retain ownership of all content you create and submit to the Service, including resumes, cover letters, portfolios, and other materials ("User Content"). However, by submitting content, you grant Job Smartly a worldwide, non-exclusive, royalty-free, perpetual, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the Service and our business operations.

You are solely responsible for ensuring that any User Content you submit does not infringe upon the intellectual property rights or privacy rights of any third party.

6.4 Feedback and Suggestions

Any feedback, suggestions, ideas, comments, enhancements, or other information you provide regarding the Service becomes the exclusive property of Job Smartly. We may use this information for any purpose, including improving the Service, without compensation or attribution to you.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our separate Privacy Policy, which is incorporated into these Terms by reference and available on our website. By using the Service, you consent to our collection and use of information as described in the Privacy Policy. Please review our Privacy Policy carefully to understand our privacy practices and your privacy rights.

8. Third-Party Services and Links

8.1 Third-Party Integration

Our Service may integrate with or contain links to third-party services, websites, applications, or platforms, including social media networks, job boards, payment processors, and career resources. We are not responsible for the content, policies, practices, or availability of these third-party services. Your access to and use of third-party services is governed by their respective terms and privacy policies.

8.2 External Links

We may provide links to external websites for your convenience and reference. These links do not constitute an endorsement, recommendation, or approval of such websites or their content. We are not responsible for the accuracy, completeness, legality, or appropriateness of external websites or their content. Your use of external websites is at your own risk and subject to their terms and policies.

8.3 Third-Party Liability

Job Smartly is not liable for any transactions, disputes, or issues arising from your interactions with third-party services or websites. If you have concerns about a third-party service, contact that service provider directly.

9. Service Availability and Modifications

9.1 Service Availability

We strive to maintain continuous and uninterrupted access to the Service. However, we do not guarantee that the Service will be available at all times or free from interruption. The Service may be temporarily unavailable due to:

• Scheduled or emergency maintenance and updates
• Technical issues, bugs, or errors
• Network or server failures
• Circumstances beyond our reasonable control

We will make reasonable efforts to provide advance notice of scheduled maintenance, but we do not guarantee such notice.

9.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any modifications, suspensions, or discontinuation of the Service or any features, functionality, or content. Changes may include:

• Adding or removing features and functionality
• Changing pricing or billing terms
• Modifying the look, feel, or operation of the Service
• Deprecating or removing support for certain features

10. Disclaimers and Limitations

10.1 Service Disclaimers

10.2 Job Placement Disclaimer

Job Smartly does not guarantee job placement, employment opportunities, or career advancement. We provide tools, resources, coaching, and matching services to assist in job searching but cannot guarantee specific outcomes, results, or placement. Success depends on factors outside our control, including employer decisions, market conditions, and your qualifications and efforts.

10.3 Limitation of Liability

10.4 Maximum Liability

Our total, aggregate liability to you for all claims, demands, or causes of action arising out of or relating to these Terms or your use of the Service shall not exceed the total amount of fees you paid to us in the 12 months immediately preceding the claim, or $100, whichever is greater. This limitation applies even if any limited remedy fails in its essential purpose.

10.5 No Liability for Third Parties

We are not liable for the conduct, content, or actions of third parties, including employers, recruiters, other users, or third-party service providers, even if such conduct causes harm or damages to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Job Smartly, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, contractors, and licensors from and against all third-party claims, actions, demands, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of the Service or access to our website
• Your violation or breach of these Terms or any applicable law
• Your violation of any intellectual property, privacy, or other rights of any third party
• Your User Content or submissions
• Your negligent or wrongful conduct
• Any employment disputes or claims related to opportunities found through the Service

This indemnification obligation does not apply to the extent that claims arise from Job Smartly's gross negligence, willful misconduct, or violations of law.

12. Termination

12.1 Termination by You

You may terminate your account and subscription at any time by following the cancellation procedures outlined in your account settings or by contacting our support team. Termination will be effective at the end of your current billing cycle unless you request immediate cancellation.

12.2 Termination by Us

We may terminate, suspend, or restrict your account and access to the Service immediately, without prior notice or liability, if:

• You violate these Terms or any applicable law
• You engage in prohibited activities or misconduct
• You use the Service for fraudulent or illegal purposes
• We determine that continued access poses a risk to our Service, users, or business
• You fail to pay subscription fees
• We cease operations or decide to discontinue the Service

12.3 Effect of Termination

Upon termination of your account, your right to use the Service ceases immediately. We may delete your account data in accordance with our data retention policies. However, certain provisions of these Terms that by their nature should survive termination will remain in effect, including Intellectual Property Rights, Disclaimers and Limitations, Indemnification, and Dispute Resolution.

12.4 Survival

Sections that address payment obligations, indemnification, limitation of liability, dispute resolution, and intellectual property will survive termination of these Terms.

13. Dispute Resolution

13.1 Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the jurisdiction in which Job Smartly operates, without regard to its conflict of law principles. You consent to the jurisdiction and venue of the courts located in that jurisdiction for any legal proceedings arising from these Terms.

13.2 Arbitration Agreement

Any disputes, claims, or controversies arising out of or relating to these Terms, the Service, or your use thereof (including claims relating to privacy, employment, contract, tort, or any other theory) shall be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Arbitration of Consumer-Related Disputes.

• The arbitration will be conducted by a single neutral arbitrator
• Each party will bear its own attorneys' fees and costs, except as otherwise provided by law
• The arbitrator's decision will be final and binding
• Judgment on the arbitration award may be entered in any court of competent jurisdiction

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis only and not in a class, consolidated, representative, or mass action capacity. You waive your right to participate in any class action, collective action, or representative proceeding against Job Smartly.

13.4 Exceptions to Arbitration

Notwithstanding the above, the following disputes are not subject to arbitration:

• Claims brought by Job Smartly to collect fees or amounts owed by you
• Claims involving intellectual property infringement or misappropriation
• Requests for injunctive or equitable relief

13.5 Negotiation and Mediation

Before initiating arbitration or litigation, the parties agree to attempt to resolve any dispute through good faith negotiation and informal mediation.

14. General Provisions

14.1 Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other policies or documents referenced herein, constitute the entire agreement between you and Job Smartly regarding your use of the Service and supersede all prior agreements, understandings, negotiations, and discussions, whether written or oral.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be severed, and the remaining provisions will remain in full force and effect to the maximum extent permitted by law.

14.3 Waiver

Our failure to enforce any provision of these Terms, or our failure to take action regarding any breach, does not constitute a waiver of that provision or any other provision. No waiver of any provision will be effective unless made in writing and signed by an authorized representative of Job Smartly.

14.4 Assignment

You may not assign, sublicense, transfer, or delegate these Terms or your account to any third party without our prior written consent. Any unauthorized assignment is void. Job Smartly may assign these Terms or any of its rights or obligations hereunder at any time without notice to you.

14.5 Force Majeure

Job Smartly is not liable for any failure or delay in performance under these Terms or in providing the Service due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, government action, natural disasters, strikes, epidemics, or pandemics. In such cases, we will resume performance as soon as reasonably practicable.

14.6 Notices

Any notices, demands, or other communications required or permitted under these Terms may be delivered to you via email, in-app notification, or posted on our website. Notices to Job Smartly should be sent to the contact information provided in Section 16.

14.7 Relationship Between Parties

Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between you and Job Smartly.

15. Modifications to Terms

We reserve the right to modify, amend, or update these Terms and Conditions at any time at our sole discretion. Material changes will be communicated to you through email notification, prominent notice on our Service, or in-app messaging. We will indicate the effective date of any revised Terms.

Your continued use of the Service after such modifications or updates constitutes your acceptance of the updated Terms and Conditions. If you do not agree to any modifications, you must discontinue your use of the Service and may request account termination.

We encourage you to review these Terms periodically to stay informed of any changes.