Effective date: January 24, 2024
Welcome to GenAI Resume, Inc. Thank you for using the GenAI Resume platform and the products, services, and features we make available to you as part of the platform (collectively, the “Services”). Please read on to learn the rules and restrictions that govern your use of the Services. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Services. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
The entity providing the Services is GenAI Resume, Inc., located at 1150 S Olive St, 10th Floor, Los Angeles, CA 90015 (referred to as “GenAI Resume™,” “we,” “us,” or “our”)..
GenAI Resume, Inc. is a corporation registered in the state of Delaware. All references to "GenAI Resume™" within this document refer to services provided under the legal entity GenAI Resume, Inc.
Your use of the Services is subject to these terms which may be updated from time to time (together, this “Agreement”). The Agreement includes the provisions in this document as well as those in the Privacy Policy. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
You must be at least 13 years old to use the Services; however, children of all ages may use the Services if enabled by a parent or legal guardian.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to this Agreement on your behalf).
If you are under 18, you represent that you have your parent or guardian’s permission to use the Services. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Services, you are subject to the terms of this Agreement and responsible for your child’s activity on the Services.
If you are using the Services on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.
The content stored or processed by the Services includes resumes, cover letters, and related files provided by users in DOCX, TXT, and PDF formats (collectively, “Content”). For the purposes of this Agreement, “Content” refers solely to the information or materials users upload or submit to GenAI Resume™. GenAI Resume™ does not host or serve multimedia content such as videos, audio, photographs, or other interactive materials.
Customer Content also includes job descriptions and related details submitted by users to generate resumes tailored to specific roles. By submitting Customer Content, you affirm that:
AI Output refers to resume content generated using generative artificial intelligence models based on the information you provide. While GenAI Resume strives to deliver high-quality, tailored results, you acknowledge and agree that:
AI Output refers to resume content generated using generative artificial intelligence models based on the information you provide. While GenAI Resume™ strives to deliver high-quality, tailored results, you acknowledge and agree that:
GenAI Resume™ strives to provide reliable and high-quality services, but the use of AI-based services comes with limitations.
If you choose a subscription plan, payments will be billed on a recurring basis unless canceled at least 24 hours before the next billing cycle. No refunds are provided for unused portions of a subscription period. You are responsible for maintaining accurate billing information in your account settings.
Any disputes arising from these Terms or your use of the Services will be resolved through binding arbitration in Los Angeles, California, under the JAMS Streamlined Arbitration Rules. Claims must be brought individually and not as part of a class or consolidated action.
These Terms are governed by and construed under the laws of the State of California, without regard to conflict-of-law principles.
If you delete your account or request data removal, GenAI Resume™ will cease processing and securely delete your data, except where retention is required by law or for legitimate business purposes. Residual copies of your data may remain in backup systems for a limited time but will not be used.
You may be required to sign up for an account, select a password and user name (“GenAI Resume™ Account”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not provide us with a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your GenAI Resume™ Account to anyone else without our prior written permission.
Additionally, you may be able to access certain parts or features of the Services by using your GenAI Resume™ Account credentials from other Services (each, a “Third Party Account”), such as those offered by Google. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. Notwithstanding the foregoing, if you are a user of Paid Services, you are licensed to use the Services for commercial uses and otherwise to the fullest extent possible under applicable law, subject to all the terms and conditions of this Agreement as they are applicable to the Services. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your GenAI Resume™ Account with anyone, and you must protect the security of your GenAI Resume™ Account, account, password and any other access tools or credentials. You’re responsible for any activity associated with your GenAI Resume™ Account. We may access your GenAI Resume™ Account to troubleshoot, provide or administer our provision of the Services and for diagnostic, security and corrective purposes.
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Services. For the current GenAI Resume™ Privacy Policy, please click here.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at hello@genairesume.com.
We employ the use of cookies. By accessing GenAI Resume™, you agreed to use cookies in agreement with our Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
As part of the Services, you may receive communications through the Services, including messages that GenAI Resume™ sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want GenAI Resume™ to send you information that we think may be of interest to you, which may include GenAI Resume™ using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from GenAI Resume™, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from GenAI Resume™. You agree to indemnify and hold GenAI Resume™ harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
You may access and use the Services as made available to you, as long as you comply with this Agreement and applicable law.
You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:
infringes or violates the intellectual property rights or any other rights of anyone else (including GenAI Resume™);
violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by GenAI Resume™;
is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
jeopardizes the security of your GenAI Resume™ Account or anyone else’s (such as allowing someone else to log in to the Services as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
decompiles, reverse engineers, reverse complies, translate, or otherwise attempts to discover or obtain the source code, underlying components of models, algorithms, underlying ideas, or information of or relating to the Services;
uses output from the Services to develop models that compete with GenAI Resume™;
buys, sells, or transfers API keys without our prior consent;
sends us any personal information of children under 13 or the applicable age of digital consent.
collects or harvests any information that might identify a person (for example, usernames or faces);
uses the Services to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
knowingly uses or infringes upon the use of an individual’s name, photograph, voice, or likeness in any medium, in any manner directed to any person other than such individual, for purposes of advertising products, merchandise, goods, or services, or for purposes of fundraising, solicitation of donations, purchases of products, merchandise, goods, or services, without proper authorization;
publishes, performs, distributes, transmits, or otherwise makes available to the public an individual’s voice or likeness, with knowledge that use of the voice or likeness was without proper authorization; or
distributes, transmits, or otherwise makes available an algorithm, software, tool, or other technology, service, or device, the primary purpose or function of which is the production of an individual’s photograph, voice, or likeness without proper authorization.
A violation of any of the foregoing (“Use Violation”) is grounds for termination of your right to use or access the Services. We may use IP addresses or other indicators to detect possible fraudulent or suspicious activity. Without limiting any other rights or remedies of GenAI Resume™, if we detect activity we believe to be fraudulent or suspicious, we may cancel your earned resume generated credits, terminate your accounts, or restrict your IP addresses or other identifiers from registering new accounts.
We reserve the right to terminate your right to use or access the Services at any time, for any reason, in our sole discretion, and without notice.
Using the Services does not give you ownership of or rights to any aspect of the Services, including user names or any other Content posted by others or GenAI Resume™.
GenAI Resume™ is constantly changing and improving the Services. As part of this continual evolution, we may make modifications or changes (to all or part of the Services) such as adding or removing features and functionalities, offering new digital content or Services, or discontinuing old ones. We may also need to alter or discontinue the Services, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Services require or include downloadable software, that software may update automatically on your device once a new version or feature is available, subject to your device settings. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical.
We are constantly trying to improve our Services, so this Agreement may need to change along with our Services. We reserve the right to change this Agreement at any time, but if we do, we will place a notice on our site located at genairesume.com, send you an email, and/or notify you by some other means.
If you don’t agree with the new terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to this Agreement is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of this Agreement will be effective unless in writing and signed by both you and us.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth are protected by copyright, Publicity Rights and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including GenAI Resume™’) rights.
Subject to this Agreement, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution, or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that GenAI Resume™ owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
The Services use the information and content you provide, such as your professional details, skills, experience, and preferences, to generate resumes in DOCX, TXT, and PDF formats (collectively, “User Information”). GenAI Resume™ does not host, share, or display any User Information publicly, nor do we allow submissions intended for user-to-user interaction.
You are solely responsible for ensuring that the information you provide is accurate, complete, and compliant with this Agreement, as well as all applicable laws, rules, and regulations. By using the Services, you represent and warrant that the information you provide:
(i) does not infringe on any third party's intellectual property, privacy, or publicity rights;
(ii) does not include false, misleading, or fraudulent details;
(iii) is free from prohibited or harmful material such as malware or illegal content; and
(iv) is submitted with the understanding that it will be processed solely for generating resumes.
GenAI Resume™ reserves the right to refuse to process information that violates these terms or applicable laws.
GenAI Resume™ uses the information you provide, such as your professional details, experience, and skills, solely for generating resumes in DOCX, TXT, and PDF formats (collectively, "Resume Data"). You retain ownership of your Resume Data, and GenAI Resume™ operates as a service provider processing this information to deliver the requested Services.
By providing Resume Data, you grant GenAI Resume™ a limited, royalty-free, non-exclusive, sublicensable, and worldwide license to use, modify, reproduce, and adapt your information for the sole purpose of generating and delivering your resume. This license is necessary to enable the Services, such as formatting your data for technical compatibility and generating resumes tailored to your specifications. GenAI Resume™ does not share, display, or distribute your Resume Data to other users or third parties, except as required to provide the Services or comply with legal obligations.
If you delete your account or request the removal of your Resume Data, GenAI Resume™ will stop processing and securely delete your data, except where retention is required by law or for legitimate business purposes. Please note that residual copies of your data may remain in backup storage for a limited time but will not be used for any purpose.
Certain features of the Services may allow you to share your generated resumes with others, such as via email or social networks. These actions are initiated by you, and GenAI Resume™ does not automatically share your information with any third-party services. If you choose to share your resume through a third-party platform, you are responsible for reviewing the terms and policies of that platform to understand how they may use or process your data.
To provide a seamless user experience, GenAI Resume™ may need to adapt your Resume Data to meet technical requirements, such as ensuring compatibility with various devices or networks. These adaptations are made solely for providing the requested Services and do not affect your ownership rights.
By using GenAI Resume™, you agree to these terms and understand that your information is processed securely and exclusively for generating your resumes. If you have any questions about data usage or wish to delete your data, please contact us directly.
You may remove your Content from the Services at any time. Additionally, you have the option to download and save copies of the resumes generated in your account before removing your Content. If you no longer have the rights required under these terms, you must remove your Content.
You may stop using the Services at any time by deleting the Services from your GenAI Resume™ Account, which involves closing your account and removing your data. You also have the option to download a copy of your data first from your account dashboard. You can contact us at hello@genairesume.com if you need support in deleting your account.
GenAI Resume™ is free to terminate (or suspend access to) your use of the Services or your GenAI Resume™ Account for any reason in our discretion, including your breach of this Agreement. GenAI Resume™ has the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and this Agreement), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of GenAI Resume™.
If you have deleted your GenAI Resume™ Account by mistake, contact us immediately at hello@genairesume.com– we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of this Agreement shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
The Services may be free, or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.
Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please see our Paid Services page for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for Paid Services are deemed part of this Agreement.
If you wish to purchase Paid Services (the “Purchase”), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you supply to us is true, correct, and complete.
We may use third-party payment processors (the “Payment Processors”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processors in addition to this Agreement. By submitting your payment information, you understand that we may share that information with the Payment Processors subject to our Privacy Policy. We are not responsible for any error by, or other acts or omissions of, the Payment Processors.
By choosing to use Paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processors, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processors makes even if it has already requested or received payment. We reserve the right to reject your Purchase due to Services unavailability, or if fraud or an unauthorized or illegal transaction is suspected.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processors, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you (“Subscription(s)”). By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
We, in our sole discretion and at any time, may modify subscription fees for the Subscription(s). We will inform you of any change to your subscription fees in advance to give you an opportunity to terminate your Subscription before such change becomes effective. Any subscription fee change will become effective immediately upon publishing, or, if you have an active Subscription, at the end of your then current billing cycle. Your continued use of a Subscription after a subscription fee change comes into effect constitutes your agreement to pay the revised subscription fee amount.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Unless you opt out of auto-renewal, which can be done through your account settings, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the Subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Services at any time, go to account settings. If you terminate a Paid Services, you may use your Subscription until the end of your then-current term, and your Subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable Paid Services through your account settings or terminate your GenAI Resume™ account before the end of the recurring TERM. Paid Services cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in this agreement, GenAI Resume™ will not refund any fees that you have already paid.
Your non-termination or continued use of a Paid Services reaffirms that we are authorized to charge your Payment Method for that Paid Services. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Services.
Any free trial or other promotion that provides access to a Paid Services must be used within the specified time of the trial. You must stop using a Paid Services before the end of the trial period in order to avoid being charged for that Paid Services. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Services, please contact us at hello@genairesume.com. At any time before the start of your Free Trial and without notice, we reserve the right to (i) modify the terms applicable to any Free Trial offer, or (ii) cancel such Free Trial offer.
GenAI Resume™ and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (GenAI Resume™ and all such parties together, the “GenAI Resume™ Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the GenAI Resume™ Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The GenAI Resume™ Parties make no representations or warranties regarding suggestions or recommendations of Services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY GenAI Resume™ (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE GenAI Resume™ PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO GenAI Resume™ IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold the GenAI Resume™ Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of this Agreement. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
The Services may contain links to third-party websites and online Services that are not owned or controlled by GenAI Resume™. GenAI Resume™ has no control over, and assumes no responsibility for, such websites and online Services. Be aware when you leave the Services; we suggest you read the terms and privacy policy of each third-party website and online Services that you visit.
You may not assign, delegate, or transfer this Agreement or your rights or obligations hereunder, or your GenAI Resume™ Account, in any way (by operation of law or otherwise) without GenAI Resume™’ prior written consent. We may transfer, assign, or delegate this Agreement and our rights and obligations without consent.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
In this Agreement, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
This Agreement is governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
YOU AND GenAI Resume™ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with GenAI Resume™ and limits the manner in which you can seek relief from GenAI Resume™. Both you and GenAI Resume™ acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of this Agreement, GenAI Resume™’ officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Personnel will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of this Agreement directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Los Angeles County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. GenAI Resume™ will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. GenAI Resume™ will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or GenAI Resume™ may assert claims, if they qualify, in small claims court in Los Angeles County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, Publicity Rights, or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND GenAI Resume™ WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and GenAI Resume™ are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and GenAI Resume™ over whether to vacate or enforce an arbitration award, YOU AND GenAI Resume™ WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor GenAI Resume™ is entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 1150 S Olive St, 10th Floor, Los Angeles, CA 90015
postmarked within thirty (30) days of first accepting this Agreement. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of this Arbitration Agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or GenAI Resume™ to litigate any dispute arising out of or relating to the subject matter of this Agreement in court, then the foregoing arbitration agreement will not apply to either party, and both you and GenAI Resume™ agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Los Angeles County, California, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with GenAI Resume™.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the GenAI Resume™ may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. You and GenAI Resume™ agree that this Agreement IS the complete and exclusive statement of the mutual understanding between you and GenAI Resume™, and that this Agreement supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of GenAI Resume™, and you do not have any authority of any kind to bind GenAI Resume™ in any respect whatsoever.
Except as expressly set forth in the sections above regarding the Apple Application and the Arbitration Agreement, you and GenAI Resume™ agree there are no third-party beneficiaries intended under this Agreement.