Effective Date: Jan 1, 2025
Last Updated: April 1, 2025
Welcome to JobSmith! These Terms and Conditions ("Terms") govern your access to and use of the JobSmith website located at www.jobsmith.io (the "Site") and the services provided therein, including our AI-powered resume building, saving, and downloading tools (collectively, the "Services"). The Services are provided by JobSmith AI Solutions ("JobSmith", "we", "us", "our").
By accessing or using the Site and Services, you agree to be bound by these Terms and our Privacy Policy (located at jobsmith.io/privacy-policy.html), which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Site or Services.
JobSmith provides an online platform that allows users to input personal career information (like work history, education, skills) to generate, enhance (using Artificial Intelligence features), customize, save, and download resumes in various formats (e.g., PDF, Word). Access to certain features requires a paid membership subscription.
a. Registration: To access certain features, including saving resumes and using premium AI enhancements, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
b. Security: You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.
c. Eligibility: You must be at least 18 years old or the age of legal majority in your jurisdiction to create an account and use the Services.
a. Subscription: Access to premium features of the Service requires a paid membership subscription. We offer weekly and monthly plans. Details of current plans and pricing are available on our Site.
b. Billing: We use Stripe, a third-party payment processor, to bill you through a payment account linked to your JobSmith account. The processing of payments will be subject to the terms, conditions, and privacy policies of Stripe in addition to these Terms. We are not responsible for errors by Stripe.
c. Automatic Renewal: Your subscription will automatically renew at the end of each subscription period (monthly or weekly) unless you cancel it before the end of the current period. You authorize us (through Stripe) to charge your payment method for the renewal term.
d. Cancellation: You may cancel your subscription at any time through your account settings or by contacting us at support@jobsmith.io. Cancellation will be effective at the end of the current billing cycle. You will retain access to the premium features until the end of that cycle.
e. Refunds: Refunds may be issued under specific circumstances, such as technical errors preventing service use, at our sole discretion. Contact support to inquire.
f. Payment Failures: If your payment method fails, we may suspend your access to premium features until payment is received. We reserve the right to retry billing your payment method.
g. Price Changes: We reserve the right to change our subscription fees. We will provide you with reasonable prior notice of any price changes by posting the new prices on the Site or sending you an email notification. Price changes will take effect at the start of the next subscription period following the date of the price change.
a. Your Content: You are solely responsible for all information, data, text, or other materials ("User Content") that you upload, input, generate, or store in connection with the Services. This includes the accuracy, legality, and appropriateness of your User Content.
b. License to Us: By providing User Content, you grant JobSmith a worldwide, non-exclusive, royalty-free, sublicensable license to use, host, store, reproduce, modify (e.g., format changes), communicate, publish (only if you explicitly choose public sharing features, if any), and distribute such User Content solely for the limited purpose of operating, providing, improving, and developing the Services.
c. Your Responsibility: You represent and warrant that you have all necessary rights to grant the licenses in section 4(b) and that your User Content does not violate any third-party rights (including privacy and intellectual property rights) or any applicable laws.
d. Prohibited Conduct: You agree not to use the Services to:
a. AI as a Tool: The Services utilize AI to help generate and enhance resume content. You acknowledge that AI output is generated based on patterns in data and may not always be accurate, complete, unique, or suitable for your specific needs.
b. User Review Required: You are solely responsible for reviewing, editing, and verifying any content suggested or generated by the AI features before using it in your resume or for any other purpose. JobSmith is not liable for any inaccuracies, errors, or omissions in AI-generated content.
c. No Guarantees: Use of AI features does not guarantee any specific outcome, including job interviews or employment offers.
a. Our IP: The Services and Site, including their underlying software, algorithms, design, text (excluding User Content), graphics, logos, icons, images, and the overall "look and feel," are the exclusive property of JobSmith and its licensors and are protected by copyright, trademark, and other intellectual property laws.
b. Your IP: You retain ownership of the factual information comprising your User Content (your work history, education details, etc.) and the final text of the resume you create using the Service. The license granted in section 4(b) is only for operating the Service.
c. Limited License to You: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial resume-building purposes.
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JOBSMITH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
JOBSMITH MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES (INCLUDING AI-GENERATED CONTENT) WILL BE ACCURATE, RELIABLE, OR COMPLETE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
JOBSMITH DOES NOT GUARANTEE THAT USING OUR SERVICES WILL RESULT IN JOB OFFERS OR EMPLOYMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOBSMITH, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF JOBSMITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT SHALL JOBSMITH'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED CANADIAN DOLLARS (CAD $100), WHICHEVER IS GREATER.
You agree to indemnify, defend, and hold harmless JobSmith, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your User Content, your use of the Services, your violation of these Terms, or your violation of any rights of another party.
a. By You: You may terminate your account and stop using the Services at any time by using the account deletion feature or contacting us.
b. By Us: We may suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, particularly if you breach these Terms. We reserve the right to refuse service to anyone for any reason at any time.
c. Effect of Termination: Upon termination, your right to use the Services will immediately cease. Your User Content may be deleted according to our Privacy Policy and data retention practices. Sections related to Payments (for amounts due), Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and other provisions that by their nature should survive termination shall survive termination.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles.
You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the provincial or federal courts located in Toronto, Ontario, and you hereby consent to the jurisdiction and venue of such courts.
Before initiating any legal action, you agree to attempt to resolve the dispute informally by contacting us first at support@jobsmith.io.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, likely via email or a notice on the Site. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.
These Terms constitute the entire agreement between you and JobSmith regarding the Services and supersede all prior agreements. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If you have any questions about these Terms, please contact us: