Legal Documents
Complete Terms of Service, Privacy Policy, and User Agreement
IDENTIFAI.US USER AGREEMENT Version: 1.6 Agreement Created: May 27, 2026 By accepting this agreement, the user acknowledges and agrees to the following terms: ====================================================================== RESUME ANALYSIS SERVICE ====================================================================== 1. SERVICE DESCRIPTION Identifai.us provides AI-powered resume analysis and candidate evaluation services for recruitment and hiring purposes. 2. CANDIDATE DATA COLLECTION When you upload resumes or candidate information, we collect: - Candidate names, contact information, and location - Resume content including work history, education, and skills - AI-generated analysis scores and evaluations - Job posting details and matching criteria 3. RECRUITER RESPONSIBILITIES As a recruiter/employer using this service, you agree to: - Only upload resumes where you have lawful basis to process the data - Obtain necessary consent from candidates where required by law - Inform candidates their resumes will be analyzed by AI systems - Comply with all applicable employment and data protection laws - Not discriminate based on protected characteristics - Maintain confidentiality of candidate information 4. CANDIDATE CONSENT REQUIREMENTS You represent and warrant that: - You have obtained appropriate consent from candidates to process their data - Candidates have been informed their resumes will be analyzed using AI - Candidates have been informed their resume will undergo AI detection analysis - You have disclosed data retention periods to candidates - You will honor candidate requests to access, correct, or delete their data 5. DATA RETENTION FOR RESUMES - Resume metadata (scores, titles, skills) are retained for 7 years by default - Analysis results are retained for 3 years (36 months) by default - Bulk analysis job tracking data is retained for 14 days - Candidate management batch tracking data is retained for 14 days - You may archive candidate data to remove it from active searches while retaining it - You may permanently delete candidate data at any time through your account - Archived data remains subject to the retention periods above - Permanently deleted data is removed from active systems within 30 days and cannot be recovered - Deleted data may remain in encrypted disaster recovery backups for up to 35 days due to technical limitations of backup systems and cannot be accessed or restored during this period - You are responsible for complying with your own retention obligations - Candidate deletion requests must be fulfilled using permanent deletion, not archiving AUTOMATIC ARCHIVING: - Resumes and applications inactive for 6 months are automatically archived - Archived data is removed from active searches but retained in storage - We may notify you before automatic archiving occurs where feasible - Archived data can be unarchived or permanently deleted at any time - Talent Pool profiles expire after 6 months of inactivity and require the candidate to re-enable their public profile to rejoin - Automatic archiving helps maintain data freshness and system performance 6. AI ANALYSIS LIMITATIONS AND BIAS - Our AI analysis is a tool to assist hiring decisions, not make final decisions - You remain solely responsible for all hiring decisions and employment outcomes - AI systems may have inherent biases despite our efforts to minimize them - You MUST conduct your own validation that use of our service does not result in discriminatory outcomes - You MUST perform adverse impact analysis per EEOC Uniform Guidelines before using AI scores for hiring - You MUST maintain documentation of validation studies and adverse impact analyses - You MUST consult with legal counsel and employment law experts to determine appropriate validation methods - We strongly recommend human review of all AI-generated evaluations - Do not rely solely on AI scores for hiring decisions - Final hiring decisions must include human judgment and multiple evaluation factors - You accept full responsibility for compliance with employment discrimination laws - You indemnify Identifai.us for any claims arising from your hiring practices PROTECTED CHARACTERISTICS - WHAT WE NEVER COLLECT: Our AI analysis does NOT collect, analyze, or consider: - Race, ethnicity, or national origin - Gender, sex, or sexual orientation - Age or date of birth - Religion or religious beliefs - Disability status or medical conditions - Genetic information - Photos, images, or physical appearance - Marital status or family status - Pregnancy status Analysis is based solely on job-relevant skills, experience, and qualifications. SKILL INFERENCE AND BIAS REDUCTION: Our skill inference feature helps reduce discrimination by: - Recognizing transferable skills from different industries - Reducing bias against career changers and non-traditional backgrounds - Identifying relevant experience regardless of job title or industry - Expanding opportunity for candidates with diverse career paths EEOC COMPLIANCE AND VALIDATION: Employers must comply with EEOC Uniform Guidelines on Employee Selection Procedures (UGESP): - Monitor applicant demographics separately (not through our tool) - Track selection rates by protected class - Conduct validation studies as required by law - Perform bias testing with diverse resume samples - Document all validation efforts and maintain records - Consult with legal counsel for specific compliance requirements SCORING METHODOLOGY DISCLOSURE: Our AI scoring works as follows: 1. Extract skills and experience from resume 2. Match against job requirements 3. Infer transferable skills from work history 4. Calculate match quality 5. Generate recommendation: - Strong Match - Good Match - Low Match These recommendations are advisory only and should not be used as automatic cutoffs. 7. AI-GENERATED RESULTS AND VARIABILITY You acknowledge and agree that: - All resume analysis results are AI-generated and AI-reviewed - AI results may vary depending on how the AI interprets context and content - AI models select the most probable result within their capacity and may produce hallucinations, inaccuracies, or inconsistent interpretations - We strive to maintain industry-agnostic, unbiased standards but cannot guarantee perfect accuracy or consistency - Analysis scores and evaluations may change over time due to: * Improvements to our AI prompts and evaluation criteria * Upgrades to underlying AI models and providers * Refinements to our analysis methodology - We continuously work to improve accuracy and consistency, but results from different analysis runs may vary even for the same resume - No warranty is provided regarding the accuracy, completeness, or reliability of AI-generated analysis results - You should verify critical information independently before making hiring decisions - Some skills may be inferred based on candidate experience and background rather than explicitly stated in the resume. Inferred skills help provide comprehensive analysis but should be verified during interviews 7.1 AI DETECTION ANALYSIS As part of our resume analysis service, we run an automated AI detection assessment on every resume processed through our platform: - Every resume is analyzed to assess the probability that it was AI-generated or contains fabricated content - This analysis produces a classification (AI or HUMAN), a probability score, and supporting observations - The AI detection result is included in the analysis report visible to employers - Candidates who apply through the job board will also see their own AI detection result - AI detection is an advisory tool only and may produce false positives or false negatives - A high AI probability score does not constitute proof of fraud and must not be used as the sole basis for rejection - Employers must apply human judgment when reviewing AI detection results - We do not read or store raw resume text for AI detection beyond what is necessary to perform the analysis - AI detection results are subject to the same variability and limitations as all other AI-generated analysis 8. FAIR CREDIT REPORTING ACT (FCRA) NOTICE Our resume analysis service is NOT intended to be used as a "consumer report" as defined by the Fair Credit Reporting Act (FCRA). You agree: - Not to use our service as the sole basis for adverse employment actions - To conduct your own independent evaluation of candidates - To comply with FCRA requirements if you use our service in conjunction with consumer reports from other sources - That we are not a "consumer reporting agency" under FCRA 9. INDEMNIFICATION FOR HIRING PRACTICES You agree to indemnify, defend, and hold harmless Identifai.us and its operator from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: - Your hiring decisions and employment practices - Your use or misuse of AI-generated scores and recommendations - Any discriminatory outcomes or adverse impact resulting from your use of our service - Your failure to conduct required adverse impact analysis and validation studies - Your failure to comply with EEOC guidelines and employment discrimination laws - Claims by candidates or applicants regarding discrimination or unfair hiring practices - Your failure to apply human judgment and independent evaluation to hiring decisions - Any employment-related litigation or regulatory investigations - Your reliance on AI scores without proper validation 9.1 THIRD-PARTY AI AND INFRASTRUCTURE PROVIDERS Our resume analysis uses third-party AI services and cloud infrastructure providers to process your data. These may include but are not limited to: - Large language model (LLM) providers for resume parsing, analysis, and candidate evaluation - Cloud infrastructure providers for data storage, processing, and hosting - Analytics and machine learning service providers By using our service, you consent to your data being processed by these third-party providers in accordance with their own privacy policies. We select providers based on their security standards and data protection practices. We may change providers from time to time to improve service quality, reduce costs, or enhance features without prior notice. 10. EXPORT CONTROLS You agree not to use the service in countries subject to US export sanctions or embargoes. Identifai.us does not actively screen or enforce geographic restrictions and this obligation rests solely with the user. 11. INTELLECTUAL PROPERTY IN RESUMES You represent that uploaded resumes do not violate any third-party intellectual property rights. We claim no ownership of uploaded resumes. You grant us a limited license to process resumes solely to provide the analysis service. 12. AUTOMATED DECISION-MAKING AND AI PROCESSING Our service uses automated AI systems to analyze resumes and generate candidate scores, rankings, and recommendations. Important disclosures: - AI systems analyze resume content and generate scores without human intervention - Scores and rankings may influence hiring decisions - You can contact us at support@identifai.us to discuss your analysis results - Final hiring decisions must include human judgment and cannot rely solely on AI scores - AI processing logic is based on job requirements, skills matching, and experience evaluation 13. AI TRAINING AND MODEL IMPROVEMENT We may use anonymized, aggregated metadata from our platform to improve our AI models and services: - We use aggregated metadata (scores, skill categories, match patterns) to refine our analysis models over time - We do NOT read, store, or use the raw content of resumes for AI training - Individual resume text, candidate names, and personal information are never used for training - All training data is derived from anonymized metadata and cannot be traced back to any individual - You can opt-out of having your metadata used for AI model improvement by contacting support@identifai.us - Opting out will not affect your ability to use the service - Third-party AI providers have their own data usage policies 14. DATA PROCESSING FOR BUSINESS CUSTOMERS If you are a business customer using our resume analysis service: - You act as the "data controller" for candidate data you upload - We act as the "data processor" processing data on your behalf - We process data only according to your documented instructions - We implement appropriate technical and organizational security measures - We assist you in responding to data subject requests (access, deletion, etc.) - We notify you of any data breaches affecting your candidate data in a timely manner as required by applicable law and upon discovery of any confirmed breach - We delete or return all candidate data upon termination of service (subject to legal retention) - We do not sub-process data to third parties without your consent (except disclosed AI providers) ====================================================================== GENERAL PROVISIONS ====================================================================== G1. Data Security Identifai.us will keep all user-provided data as secure as possible using industry-standard practices including encryption and access controls. G2. Additional Data Collection We also collect: - User login email address - IP addresses for auditing and security purposes only - Account activity logs G3. Communication Consent You agree to receive emails from Identifai.us regarding analysis results, account notifications, platform activities, generated reports, account management, and service-related communications. Transactional emails (account notifications, security alerts) cannot be opted out of while your account is active. G4. Ethical AI Use You agree to use AI tools for good and not for malicious intent, including not using our services to discriminate against protected classes or violate employment laws. G5. Prohibited Conduct The following are strictly prohibited and will result in immediate account termination and potential legal action: - Posting jobs without genuine, active hiring intent for the purpose of harvesting candidate resumes, contact information, or AI analysis data - Submitting resumes or job descriptions containing content designed to manipulate, override, or interfere with our AI analysis systems, including embedded instructions, prompt injection attempts, or adversarial text patterns - Creating multiple accounts to circumvent upload limits, rate limits, or account restrictions - Automated scraping of job listings, candidate profiles, or analysis results - Any use of the platform to collect data without intent to use it for its stated purpose We actively detect manipulation attempts. Submissions found to contain adversarial content may be flagged, rejected, or result in account suspension. Analysis results generated from manipulative content are void and carry no weight. Identifai.us reserves the right to pursue legal remedies for damages caused by prohibited conduct. G6. Updates to Terms Identifai.us may update the Terms of Service and Privacy Policy from time to time. When material changes are made, users will be required to review and accept the updated terms before continuing to use the service. Continued use after accepting updated terms constitutes agreement to the new versions. ====================================================================== PUBLIC JOB BOARD SERVICE ====================================================================== 15. PUBLIC JOB BOARD AND CANDIDATE APPLICATIONS 15.1 Service Description Recruiters can post jobs publicly. Candidates apply by uploading their resume for AI-powered analysis. 15.2 For Recruiters Posting Public Jobs When you mark a job as "public," you agree to: - You remain solely responsible for all hiring decisions - You will review all applications manually and not rely solely on AI scores - You will not discriminate based on protected characteristics - You indemnify Identifai.us for your hiring decisions and practices - Identifai.us is a technology platform and intermediary only, not the employer 15.3 For Candidates Applying to Public Jobs When you apply to a public job, you acknowledge and agree that: CONSENT TO AI ANALYSIS: - You consent to Identifai.us using AI systems to analyze your resume - You consent to automated processing of your resume content, work history, education, and skills - You understand your resume will be processed by third-party AI providers - You acknowledge AI analysis will generate scores and recommendations without human intervention - By submitting your application, you provide explicit consent for AI-powered resume analysis AI SCORE DISCLOSURE: - You will receive an AI-generated score after analysis completes - The score is ADVISORY ONLY and does not guarantee employment or interview - The score is based on resume content compared to job requirements - The score does NOT consider age, race, gender, religion, disability, or other protected characteristics - Scoring methodology: skills match, experience relevance, education alignment, and job requirements fit - The job poster makes all final hiring decisions, not the AI system - A high score does not guarantee an interview - A low score does not prevent the job poster from reviewing your application WHAT YOU WILL SEE: - Overall score and analysis results - Information about how your resume matches job requirements - Advisory feedback to help you understand your application WHAT YOU WILL NOT SEE: - Internal scoring factors used for job poster decision-making - Comparison to other applicants - Job poster contact information UNDERSTANDING YOUR SCORE: - Your score is based on how your resume matches the job requirements - AI analysis may contain errors or misinterpretations - For questions about your score, contact support@identifai.us NO AUTOMATED REJECTION: - Identifai.us does not automatically reject applications based on score alone - Applications may be filtered for quality, relevance, or integrity (e.g. fraudulent, malicious, or clearly unrelated submissions) - Legitimate applications are forwarded to the job poster regardless of score - The job poster reviews applications and makes all final hiring decisions - The score helps job posters prioritize review order only AI-GENERATED RESULTS: - All scores and analysis are AI-generated and may contain errors - AI results may vary based on interpretation and context - No warranty is provided regarding accuracy or completeness - You should verify critical information independently - AI models may produce inconsistent results for the same resume DATA RETENTION: - Your application and analysis are retained for 3 years - You can request deletion at any time by contacting support@identifai.us - Deletion removes data from active systems within 30 days - Data may remain in encrypted backups for up to 35 days (inaccessible) PRIVACY: - Your resume and analysis are shared with the job poster you applied to - The job poster sees your full analysis report - Other candidates cannot see your application or score - You can view your applications and scores in "My Applications" page NO GUARANTEE OF EMPLOYMENT: - Applying does not guarantee interview, employment, or response from job poster - The job poster is not obligated to contact you - Identifai.us is not responsible for job poster hiring decisions - Identifai.us does not control job poster response times or hiring practices 15.4 Platform Role and Liability Identifai.us acts as a technology platform and intermediary only: - We provide AI-powered tools to assist hiring decisions, not make final decisions - We do not make hiring decisions on behalf of employers - We do not guarantee accuracy, completeness, or reliability of AI-generated scores - We are not responsible for employer hiring practices or decisions - We are not responsible for discrimination by employers using our platform - We are not liable for adverse impact or disparate treatment resulting from employer's use of AI scores - Employers are solely responsible for validating AI scores for bias and adverse impact - Employers are solely responsible for compliance with all employment laws - Candidates acknowledge scores are advisory tools only and not binding hiring decisions - Platform liability is limited to the maximum extent permitted by law - Employers indemnify Identifai.us for claims arising from their hiring practices - Our vetting process for employer accounts reduces but does not eliminate the risk of fraudulent job posters. Identifai.us is not liable for misuse of candidate data by approved employers. 15.5 Anti-Discrimination, Bias Mitigation, and Employer Validation Requirements We take measures to prevent discrimination: - AI scoring is based on job requirements, not protected characteristics - We continuously work to improve our AI systems and minimize bias - However, AI systems may exhibit inherent biases despite our efforts - We cannot guarantee complete elimination of bias in AI-generated results - Employers are solely responsible for validating AI outputs for bias and adverse impact EMPLOYER VALIDATION REQUIREMENTS: - Job posters MUST conduct their own adverse impact analysis before using AI scores for hiring decisions - Job posters MUST validate that use of our service does not result in discriminatory outcomes - Job posters are solely responsible for ensuring compliance with EEOC Uniform Guidelines on Employee Selection Procedures - Job posters must consult with legal counsel and employment law experts to determine appropriate validation methods - Job posters must maintain documentation of validation studies and adverse impact analyses - Job posters remain solely responsible for non-discriminatory hiring practices - Identifai.us provides tools to assist hiring decisions, not replace human judgment - Identifai.us does not provide legal advice or guidance on validation methodologies - Final hiring decisions must include human review and cannot rely solely on AI scores 15.6 Audit Trail and Compliance For legal compliance and transparency: - We log all applications, scores, and candidate consent - We maintain records of AI model versions used - We store job requirements at time of analysis - We track candidate acknowledgment of disclaimers - Audit trail retention periods are determined at our discretion and subject to change - Records may be available for legal proceedings if technically feasible 15.7 Rate Limits and Abuse Prevention To prevent spam and abuse: - Candidates may be subject to application rate limits - All applications are visible to the job poster - Applying multiple times to the same job may raise questions about resume accuracy - We reserve the right to limit applications per job or per time period to prevent abuse - We reserve the right to suspend accounts for abuse - Excessive applications may result in account restrictions - Rate limits are subject to change at our discretion 15.8 Resume Upload Limits To maintain data integrity and prevent abuse: - Candidate accounts are limited to 2 resume uploads per 90-day period - This limit applies regardless of whether previous resumes were deleted - The limit resets automatically after 90 days from your first upload in that period - Upload limits are subject to change at our discretion with notice 15.9 Employer-Candidate Connection System Employers may use communication credits to initiate contact with candidates: - Each connection attempt by an employer consumes one communication credit regardless of candidate response - If a candidate declines a connection, the employer may attempt again at the cost of another credit - Candidates consume one communication credit only when accepting a connection - Candidates do not incur any cost when declining a connection - Communication credits are non-refundable once consumed - Credit balances and limits are visible in your account dashboard 15.10 Candidate Rights As a candidate applying through the job board, you have the right to: - View your score and analysis - Contact us at support@identifai.us to discuss your analysis results - Request deletion of your application data - File complaint with EEOC if you believe discrimination occurred - Access your application history in "My Applications" Contact support@identifai.us to exercise these rights. 15.11 Employer Obligations Employers posting public jobs agree to: - Review all applications manually, regardless of score - Not use AI score as sole basis for rejection or hiring decisions - Comply with all employment discrimination laws (Title VII, ADA, ADEA, etc.) - Conduct adverse impact analysis to ensure non-discriminatory outcomes per EEOC guidelines - Validate that AI scores do not produce disparate impact on protected groups - Document validation studies and maintain records of adverse impact analyses - Apply human judgment and independent evaluation to all hiring decisions - Make final hiring decisions based on multiple factors, not AI scores alone - Not discriminate based on protected characteristics - Maintain confidentiality of candidate information - Accept full responsibility for compliance with employment laws - Indemnify Identifai.us for any claims arising from employer's hiring practices 15.12 Disclaimers and Limitations IMPORTANT DISCLAIMERS: - AI scores are advisory only and may contain errors - Scores do not guarantee employment, interview, or employer response - Identifai.us is not a consumer reporting agency under FCRA - Scores are not "consumer reports" under FCRA - Employers make all final hiring decisions - Platform is intermediary only, not employer or employment agency - No warranty regarding accuracy, completeness, or reliability of AI analysis - Candidates should verify all information independently 15.13 Legal Compliance This service is designed to support compliance with: - Title VII of the Civil Rights Act (employment discrimination) - Americans with Disabilities Act (ADA) - Age Discrimination in Employment Act (ADEA) - Equal Employment Opportunity Commission (EEOC) guidelines - Fair Credit Reporting Act (FCRA) - not applicable as we are not a CRA - State employment discrimination laws - CCPA (California Consumer Privacy Act) However, employers remain solely responsible for ensuring their use of the service complies with all applicable laws. 15.14 Modifications to Job Board Service We reserve the right to: - Modify scoring methodology to improve accuracy and reduce bias - Update AI models and analysis criteria - Change rate limits and usage restrictions - Suspend or terminate job board service with 30 days notice - Remove jobs or applications that violate terms - Adjust service features with 30 days notice Changes to scoring methodology may result in different scores for the same resume over time. 15.15 Account Types and Eligibility RECRUITER ACCOUNTS (Job Posters): - Must register with a business or organizational email address with a custom domain - Public email domains (Gmail, Yahoo, Hotmail, Outlook, AOL, iCloud, etc.) are not eligible for recruiter accounts - Recruiter accounts require manual approval by Identifai.us - Approval may take up to 10 business days - We may verify business legitimacy through various methods at our discretion - This vetting process protects candidates from scams and fraudulent job postings - We reserve the right to reject accounts without explanation - We may request additional verification of business legitimacy - If your account application is rejected, any data submitted during registration will be deleted within 30 days - Can post jobs and review candidate applications after approval - Can upload resumes for analysis after approval - Can access all resume analysis features after approval CANDIDATE ACCOUNTS: - Can register with any email address - Candidate accounts are approved automatically - Can apply to public job postings immediately - Can view their own application history - Cannot post jobs or access recruiter features - Cannot upload resumes for other candidates Account type is determined at registration and cannot be changed without contacting support@identifai.us. 15.16 Resume Information Sharing When Applying to Jobs IMPORTANT: When you apply to a job posting, the job poster will receive your complete resume and all information contained within it, including: - Your full name - Contact information (email, phone number, address, LinkedIn, etc.) - Work history and employment details - Education and certifications - Skills and qualifications - Any other information you included in your resume The job poster will also receive the complete AI analysis report, including all scores, strengths, weaknesses, and recommendations. By submitting your application, you explicitly consent to sharing this information with the job poster for recruitment and hiring purposes. 15.17 Candidate Profile Visibility and Job Matching When you apply to a public job posting as a candidate, you may opt-in to allow Identifai.us to make your profile visible to other job posters for matching purposes. OPT-IN PROFILE VISIBILITY: - You can enable profile visibility in your account settings - When enabled, your anonymized profile (skills, experience level, analysis scores) may be shown to verified job posters - Your name, contact information, and resume are NOT shared without your explicit consent - Job posters can express interest in your profile - You control whether to respond to job poster inquiries - You can disable profile visibility at any time in your account settings HOW IT WORKS: - Your skills and qualifications are extracted from your resume analysis - Verified job posters can search for candidates matching their requirements - Job posters see anonymized profiles without your personal contact information - Job posters can request access to your profile - You will be notified by email when a job poster requests access to your profile - You approve or deny each request individually - Contact between you and job posters may require credits or other platform resources - Specific features and requirements are subject to change BENEFITS: - Passive job search - get discovered by employers without actively applying - Control over who can contact you - Free exposure to verified recruiters from a single profile OPT-OUT: - Profile visibility is OFF by default - You must explicitly enable it in your account settings - You can disable it at any time in account settings - Disabling removes your profile from job poster searches immediately - Previous applications remain visible to those specific job posters PRIVACY PROTECTIONS: - Your name, email, phone, and resume file are never shared without consent - Only skills, experience summary, and analysis scores are visible - Job posters cannot contact you directly without your approval - Connection requests are stored and accessible through your account JOB POSTER VERIFICATION: Only verified job posters can access candidate profiles. Verification requires: - A custom domain business email address (public email domains such as Gmail, Yahoo, Hotmail are not accepted) - Manual review and approval by Identifai.us - We reserve the right to revoke access if a job poster is found to be fraudulent or in violation of these terms FUTURE FEATURES: - Proactive job matching notifications based on your skills and recruiter job postings are planned for a future release - Features described as future are not currently available and are subject to change DATA USAGE: - Anonymized profile data may be used for job matching algorithms - We may use aggregated data to improve matching accuracy - Individual profile data is not sold or shared with third parties - If you enable profile visibility, your anonymized resume profile is added to the Identifai.us Talent Pool for job matching purposes - The Talent Pool is your public-facing candidate profile visible to verified job posters - Your profile in the Talent Pool remains anonymized until you approve contact requests - If you do not enable profile visibility, your profile is NOT added to the Talent Pool and remains completely private ====================================================================== TERMS OF SERVICE Effective Date: January 20, 2026 1. Service Description Identifai.us provides AI-powered resume analysis and candidate evaluation services for recruitment and hiring purposes. 2. Acceptable Use You agree to: - Use the service only for lawful recruitment purposes - Not use the service for malicious purposes - Not use the service for illegal content or activities - Comply with all applicable laws and regulations including CCPA and employment discrimination laws - Not post jobs without genuine hiring intent for the purpose of harvesting candidate data - Not submit resumes or content containing prompt injection, embedded instructions, or adversarial text designed to manipulate AI systems - Not create multiple accounts to circumvent platform limits or restrictions - Respect rate limits and usage quotas - Not attempt to circumvent security measures or access controls - Not reverse engineer, decompile, or disassemble any part of the service 3. User Responsibilities You are responsible for: - For Resume Analysis Services: * Ensuring lawful basis to process candidate data * Obtaining required candidate consent for AI analysis * Not using AI scores as sole basis for hiring decisions * Conducting adverse impact analysis to prevent discrimination * Honoring candidate privacy rights and data requests - Ensuring compliance with your organization's policies - Maintaining the security of your account - All content created using our platform 4. Service Availability We strive to maintain service availability but do not guarantee uninterrupted access. We may perform maintenance or updates as needed. Service availability depends on our cloud infrastructure providers and other third-party services. No service level agreement (SLA) is provided. 5. Payment, Billing, and Refunds For paid services: - Payment is due according to your selected billing cycle - Your subscription includes a monthly AI usage limit as specified in your plan - Usage beyond your included limit may incur additional charges at our then-current overage rates - You are responsible for monitoring your usage and managing your account limits - Overage charges are billed in arrears and are due immediately upon invoice - All fees are non-refundable except as required by law or specified in writing - Refunds do not include overage charges for services already consumed - We may change pricing with 30 days notice to existing customers - Failure to pay may result in service suspension or termination - You are responsible for all taxes associated with your purchase - Billing disputes should be raised promptly, ideally within your current billing period - Refund requests should be submitted promptly, ideally within your current billing period - We reserve the right to deny refund requests made after the billing period ends - Under the Fair Credit Billing Act, you have 60 days from the statement date to dispute credit card charges with your card issuer - Credit card chargebacks are governed by federal law and your card issuer's policies, which supersede these terms - We encourage you to contact us directly before initiating a chargeback to resolve billing issues - If you dispute charges for services already consumed, we reserve the right to suspend your account pending resolution - No refunds will be provided for violations of these Terms of Service - Contact support@identifai.us for billing questions or disputes 6. Rate Limits and Abuse Prevention To ensure fair usage and prevent abuse: - We implement rate limits on API calls, uploads, and analysis requests - Excessive usage that impacts service performance may result in throttling - Automated scraping, data mining, or bulk extraction is prohibited - We reserve the right to suspend accounts that violate rate limits - Rate limits are subject to change based on system capacity and fair use policies 7. Right to Refuse Service We reserve the right to refuse service, suspend, or terminate accounts at our sole discretion for any reason, including but not limited to: - Violation of these Terms of Service or Acceptable Use Policy - Fraudulent activity or payment disputes - Abusive behavior toward staff or other users - Excessive resource usage or abuse of service - Attempts to reverse engineer, hack, or compromise the service - Use of the service for illegal purposes - Any business reason, with or without notice - With 30 days notice for non-violation terminations Upon termination: - Access to the service will be immediately suspended - Prepaid fees for unused services may be refunded at our discretion - No refunds will be provided for violations of these terms - You remain responsible for any outstanding charges - We may provide opportunity to export your data, subject to technical feasibility 8. Limitation of Liability Our liability is limited to the maximum extent permitted by law. We are not responsible for any indirect, incidental, or consequential damages. Our total liability for any claims arising from your use of the service shall not exceed the amount you paid us in the 12 months preceding the claim. 9. Indemnification You agree to indemnify, defend, and hold harmless Identifai.us and its operator from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: - Your use or misuse of the service - Your violation of these terms or applicable laws - Your violation of any third-party rights, including candidate privacy rights - Content you upload or create using the service - Your failure to obtain proper consent before uploading resumes - Any discriminatory hiring practices resulting from your use of our AI analysis 10. Termination We may terminate or suspend access to our service for violations of these terms or for any reason with or without notice. You may terminate your account at any time by contacting support@identifai.us. 11. Governing Law and Dispute Resolution These terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any disputes arising from these terms or your use of the service shall be resolved through: - Good faith negotiation between the parties - If negotiation fails, binding arbitration under the American Arbitration Association (AAA) rules - Arbitration shall be conducted remotely via video conference - Each party bears their own costs unless otherwise awarded by the arbitrator - You may bring claims in small claims court if they qualify - Class action lawsuits and jury trials are waived - The arbitrator's decision is final and binding For legal notices, contact: support@identifai.us 12. Changes to Terms We may update these terms at any time. Material changes will require acceptance before continued use. Continued use of the service after accepting updated terms constitutes agreement to the new versions. 13. Contact Information For questions about these terms, contact us at support@identifai.us PRIVACY POLICY Effective Date: May 27, 2026 1. Information We Collect We collect information you provide directly to us, information we automatically collect when you use our services, and information we may receive about you from third parties, including but not limited to: 1.1 Information You Provide: - Account registration information including email addresses, names, and authentication data - Profile information and preferences you choose to provide - Contact information (email, address, LinkedIn, etc.) - Resume files and candidate information uploaded for analysis - Job posting details and requirements - Content you create, upload, or manage through our platform including reports and job postings - Communications with us including support requests, feedback, and correspondence - Payment and billing information processed through secure third-party providers - Any other information you choose to provide to us 1.2 Information We Automatically Collect: - Device information including IP addresses, browser type, operating system, and device identifiers - Usage information including pages visited, features used, time spent, and interaction patterns - Location information including general geographic location based on IP address - Technical data including connection information, performance metrics, and error logs - Cookies, web beacons, and similar tracking technologies - Analytics data about how you interact with our services 1.3 Information from Third Parties: - Information from authentication providers and identity verification services - Data from business partners, affiliates, and service providers - Publicly available professional information such as LinkedIn profiles where you have made information public 2. How We Use Your Information We may use your information for any lawful business purpose, including but not limited to: 2.1 Service Provision and Operations: - Provide, maintain, and improve our services and platform functionality - Process transactions and manage your account - Generate reports, analytics, and insights - Provide customer support and respond to inquiries - Authenticate users and maintain security - Backup and restore data 2.2 Communications: - Send service-related notifications and updates - Provide customer support and respond to inquiries - Conduct surveys and collect feedback - Respond to your requests and communications 2.3 Business Operations and Improvement: - Analyze usage patterns and user behavior to improve our services - Develop new features, products, and services - Conduct research and analytics - Monitor platform performance and security - Troubleshoot technical issues - Optimize user experience and interface design 2.4 Legal and Compliance: - Comply with legal obligations and regulatory requirements - Enforce our terms of service and other agreements - Prevent fraud, abuse, and security threats - Protect our rights and the rights of others - Respond to legal requests and court orders - Maintain audit trails and records 2.5 Business Analytics: - Analyze market trends and customer preferences - Develop product improvement strategies 2.6 Resume Analysis and Recruitment: - Analyze resumes using AI and machine learning - Generate candidate scores and rankings - Match candidates to job requirements - Provide hiring recommendations and insights - Detect potential resume fraud or inconsistencies 3. Information Sharing and Disclosure We may share your information in the following circumstances: 3.1 Service Providers and Business Partners: - Third-party service providers who assist in operating our platform - Cloud infrastructure and hosting providers - AI and machine learning service providers - Payment processors and financial institutions (payment information is processed by third-party payment processors and is not stored on our servers) - Communication and email service providers - Analytics service providers - Authentication and security service providers - Professional service providers including legal and accounting firms 3.2 Business Transactions: - In connection with mergers, acquisitions, or sale of assets - During due diligence processes - As part of corporate restructuring or reorganization - To potential investors or business partners 3.3 Legal Requirements: - To comply with applicable laws, regulations, and legal processes - In response to lawful requests from government authorities - To protect our rights, property, and safety - To protect the rights, property, and safety of our users and others - To prevent or investigate fraud, security threats, or illegal activities 3.4 Consent and Other Purposes: - With your explicit consent for specific purposes - For any other purpose disclosed at the time of collection - As otherwise permitted or required by law 4. Cookies and Tracking Technologies We use cookies, web beacons, pixels, and similar technologies to: - Remember your preferences and settings - Authenticate users and maintain sessions - Analyze usage patterns and improve our services - Improve user experience - Prevent fraud and enhance security - Collect analytics and performance data You can manage cookie preferences through your browser settings or our cookie preference center at https://identifai.us/cookie-preferences. 5. Data Retention We retain your information for as long as necessary to: - Provide our services and fulfill the purposes described in this policy - Comply with legal obligations and regulatory requirements - Resolve disputes and enforce our agreements - Maintain business records and audit trails - Protect our rights and interests Specific retention periods: - Resume metadata (scores, titles, skills): 7 years (user-deletable at any time) - Analysis results: 3 years / 36 months (user-deletable at any time) - Bulk analysis job tracking: 14 days (automatically deleted) - Candidate management batch tracking: 14 days (automatically deleted) - Deleted data in backups: Up to 35 days in encrypted disaster recovery backups (inaccessible and non-restorable) - Account data: Duration of account plus 90 days after closure - Transaction records: Retained by our payment processor (Stripe) per their own retention policies - Security logs: Retained at our discretion based on available infrastructure 6. International Data Transfers Your information may be transferred to, stored, and processed in countries other than your country of residence, including the United States and other countries where we or our service providers operate. We implement safeguards for such transfers as required by applicable law. 7. Your Rights and Choices Depending on your location and applicable law, you may have certain rights regarding your personal information, including: - Right to access your personal information - Right to correct or update inaccurate information - Right to delete your personal information - Right to restrict or object to certain processing - Right to data portability - Right to withdraw consent Response Timeframes: - CCPA Requests: We will make reasonable efforts to confirm receipt within 10 business days and respond within 45 days (extendable to 90 days if needed) - All requests are processed free of charge - Identity verification required for sensitive requests CANDIDATE PRIVACY RIGHTS: If your resume has been uploaded to our platform by a recruiter: - Right to Know: You can request what information we have about you - Right to Access: You can request a copy of your resume and analysis - Right to Delete: You can request deletion of your data - Right to Correct: You can request corrections to inaccurate information - Right to Object: You can object to AI-based processing To exercise these rights, contact support@identifai.us with: - Your full name and email address - The company/recruiter who uploaded your resume (if known) - Specific request details 8. Security We implement reasonable security measures to protect your information, including: - Encryption of data in transit and at rest - Access controls and authentication systems - Ongoing platform monitoring and observability practices - Incident response procedures No method of transmission or storage is completely secure, and we cannot guarantee absolute security. 9. Children's Privacy Our services are not intended for children under 16 years of age. We do not knowingly collect personal information from children under 16. 10. Changes to This Policy We may update this privacy policy from time to time. We will notify you of material changes through our services or other appropriate means. 11. Contact Information For privacy-related questions or requests, contact us at support@identifai.us. For Cookie Settings: - Manage cookie preferences at https://identifai.us/cookie-preferences - Email us with subject "Cookie Settings" For Data Requests: - Email us with subject "Data Request - [Access/Delete/Correct/etc.]" - Include your email address and request details For California Residents: - Use our California Privacy Rights page at https://identifai.us/do-not-sell - Email us with subject "California Request" 12. Data Breach Notification In the event of a data breach affecting your information, we will make reasonable efforts to: - Notify affected users in a timely manner as required by applicable California law - Provide details about the breach and steps being taken - Offer guidance on protective measures you can take We will notify affected users upon discovery of any confirmed breach. 13. Data Sale, Sharing, and Market Insights We do not sell personal information that identifies you, your candidates, or any individual. Specifically: - We do not sell names, email addresses, phone numbers, resumes, or any personally identifiable information - We do not share personal information for cross-context behavioral advertising - We do not provide individual-level data to third parties for marketing purposes - We do not sell aggregated data to third parties However, we may use and share aggregated, anonymized data for legitimate business purposes, including: - Market insights and industry benchmarking reports (e.g., "percentage of candidates meeting specific qualification thresholds") - Hiring trend analysis and workforce analytics - Product improvement and feature development - Research publications and whitepapers - Sales materials demonstrating platform effectiveness - Aggregated public reporting such as weekly candidate counts and approximate job title distributions published on social media platforms including LinkedIn and X (Twitter) Aggregated data: - Cannot be used to identify any individual person or company - Is derived from combining data across multiple users and candidates - Does not include names, contact information, or other identifying details - Is not subject to CCPA or GDPR personal information restrictions Under CCPA, you have the right to opt-out of the sale of personal information. Since we do not sell personal information, this right does not apply. If our data practices change in the future, we will update this policy and provide appropriate notice and opt-out mechanisms. 14. California Shine the Light Law California residents may request information about our disclosure of personal information to third parties for their direct marketing purposes. Since we do not share personal information with third parties for direct marketing purposes, this disclosure requirement does not apply. 15. Quick Links and Resources For your convenience, here are direct links to important privacy resources: - Cookie Preferences: https://identifai.us/cookie-preferences - California Privacy Rights (CCPA): https://identifai.us/do-not-sell - Privacy Policy: https://identifai.us/user-agreement?mode=readonly - Contact Support: support@identifai.us By using this service, the user confirms they have read, understood, and agree to these terms, Terms of Service, and Privacy Policy.