Terms of Service

a. Age Restrictions

You must be at least 13 years old or be of the minimum age as required in your country to use our Services. If you are between the ages of 13 and 18, you must have your parent or legal guardian's permission to use our Services. If you do not meet these age requirements, you may not use our Services.

b. Access

Our Services are available to all users who comply with these Terms. We reserve the right to revoke access at any time for any reason, including but not limited to violations of these Terms.

c. Registration

You may need to register for an account to access certain features of our Services. You agree to provide accurate, current, and complete information during registration and to update such information as needed. You are responsible for safeguarding your login credentials and are liable for any activity originating from your account.

As a user of our Services, you may create and customize resumes and cover letters, and view how well they match up to specific job postings. Any content that you create using our Services is referred to as "Output".

When using our Services, you may not:

1. Engage in any illegal, harmful, or abusive activity.
2. Use or distribute copyrighted material without permission.
3. Generate or distribute content that impersonates others, damages their reputation, or causes them harm, including but not limited to defamatory, harassing, or threatening content.
4. Modify, copy, lease, sell or distribute any part of our Services without prior approval.
5. Create, distribute, or promote false, misleading, or deceptive information ("misinformation"), including content that could cause harm to individuals, organizations, or the public.
6. Interfere with or disrupt our Services, including circumventing restrictions or safety measures we put in place.
7. Use our Services for unauthorized data collection or extraction, or to develop a competing service.

Any content you upload or input to our Services ("Input") will be used by Upplai and may be shared with third-party Large Language Model (LLM) providers like OpenAI solely for the purposes of analyzing job matches and generating resumes and cover letters to provide our Services to you. Our contracts with these providers prohibit them from using your data to train their models.

Additionally, data collected within the Upplai app will only be used to improve the user experience. We will never sell your personally identifiable information to any third party for purposes unrelated to providing and improving our core Services.

You are solely responsible for your Input and Output. By providing Input, you represent that you have all necessary rights to such content and that it does not infringe any third-party rights or violate any laws.

Upplai processes personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), where applicable.

a. Data Subject Rights

If you are located in regions where these regulations apply, you may have certain rights regarding your personal data, including:

• The right to access your personal data
• The right to correct inaccurate data
• The right to request deletion of your data
• The right to restrict or object to processing
• The right to data portability
• The right to withdraw consent

To exercise these rights, please contact us at team@uppl.ai. We will respond to your request within the timeframe required by applicable law.

b. Third-Party Processing

When we share your data with third-party providers (such as OpenAI) to deliver our Services, we ensure these providers are contractually bound to process your data only for the purposes of providing our Services and in compliance with applicable data protection laws.

c. International Transfers

Your data may be transferred to, stored, and processed in countries other than your country of residence. By using our Services, you consent to such transfers where permitted by law. When transferring data internationally, we implement appropriate safeguards in compliance with applicable law.

For more detailed information about our privacy practices, please review our Privacy Policy.

Unless you delete your account or request deletion of your personal data, we will retain your information for as long as your account is active or as needed to provide you with our Services. We may retain certain information as necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

If you delete your account, we will delete or anonymize your personal information within 30 days, except where:

• We must retain it to comply with applicable law
• We store it for legitimate business purposes, such as fraud prevention
• We maintain it in anonymized, aggregated form

For users subject to the GDPR, CCPA, or similar regulations, we will respond to data deletion requests as required by applicable law. To request deletion of your data, please contact us at team@uppl.ai.

Upplai implements reasonable security measures to protect your information. Access to our Services is provided exclusively through secure OAuth authentication with LinkedIn, Google, and Microsoft. We do not store passwords and rely on these third-party authentication providers to verify your identity.

Our systems implement industry-standard encryption for data in transit and at rest. We regularly review our information collection, storage, and processing practices to guard against unauthorized access. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

You are responsible for maintaining the confidentiality of your account access and for all activities that occur under your account. You should notify Upplai immediately of any unauthorized use of your account or any other security breach related to the Services.

a. Upplai IP

The Services and all intellectual property rights in the Services, including copyrights, trademarks, service marks, trade secrets, patents, and other proprietary rights, are owned by Upplai or its licensors. Nothing in these Terms grants you any right, title, or interest in the Services or Upplai's intellectual property, except for the limited access rights expressly granted in these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of the software, unless laws prohibit these restrictions or you have our written permission.

b. Upplai Trademarks

"Upplai", the Upplai logo, and any other product or service name or slogan contained in the Services are trademarks of Upplai and may not be copied, imitated or used, in whole or in part, without the prior written permission of Upplai. You may not use any meta tags or any other "hidden text" utilizing "Upplai" or any other name, trademark or product or service name of Upplai without our prior written permission.

c. Your IP

You retain all ownership rights in your Input and the Output generated based on your Input.

d. License to Upplai

By using our Services, you grant Upplai a non-exclusive, royalty-free license to use your Input and Output solely for the following limited purposes:

• To provide and improve the Services to you
• To develop features that help match you with job opportunities
• To create aggregated, anonymized insights to improve the Service
• To enhance career advancement tools and services that we may offer

This license does not permit us to use your content for marketing purposes without your explicit consent, and we will never sell your personally identifiable information. You may revoke this license for any future uses by deleting your account, though we may retain copies as required for legal compliance or as necessary to provide the Services.

e. Feedback and Suggestions

If you provide feedback, ideas, or suggestions regarding our Services ("Feedback"), you grant Upplai a non-exclusive, royalty-free, perpetual, irrevocable right to use, modify, and incorporate such Feedback into our Services without compensation to you.

a. Free Services

Upplai offers certain features free of charge ("Free Services"), which may include but are not limited to resume match scoring, keyword analysis, ATS scoring, and a limited number of tailored resumes and cover letters. The specific features and usage limits of Free Services are detailed on our pricing page at: uppl.ai/pricing.

b. Paid Services

Additional features and increased usage limits ("Paid Services") are available through one-time purchase options called "Resume Packs." The current pricing, features, and validity periods for Resume Packs are listed on our pricing page at uppl.ai/pricing.

c. Pricing Changes

Upplai reserves the right to modify the features, limitations, and pricing of both Free Services and Paid Services at any time. Any such changes will:

• i. Apply only to new purchases made after the change takes effect
• ii. Not affect existing Paid Services during their validity period, unless required by law or regulatory requirements
• iii. Be communicated via email at least 30 days in advance only if they materially affect the terms and conditions of existing Paid Services that are still within their validity period
• iv. Not require advance notice for changes to Free Services or pricing changes that only affect future purchases

d. Special Offers and Discounts

Upplai may offer promotional pricing or discounts to certain user categories or as part of marketing campaigns. Eligibility requirements and verification processes for such offers are detailed on our pricing page.

e. Payment Terms

All payments for Paid Services are:

• i. Due in full at the time of purchase
• ii. Non-refundable except as required by law
• iii. Subject to applicable taxes
• iv. Processed through our authorized payment processors

f. Currency and Taxes

All prices are listed in US dollars unless otherwise specified. You are responsible for paying any applicable taxes or fees imposed by any government entity in connection with your use of our Services.

We strive to maintain the availability of our Services, but we do not guarantee uninterrupted access. We may conduct scheduled maintenance that could temporarily impact availability. When possible, we will provide advance notice of scheduled maintenance through email or notices on our website.

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. If we discontinue a Paid Service that you have purchased, we will provide a pro-rata refund for the unused portion.

a. By You

You may stop using our Services at any time by deleting your account.

b. By Upplai

We may suspend or terminate your access to our Services if you breach these Terms, if required by law, or if your actions could cause risk or harm to Upplai or others. We may also delete inactive accounts after 6 months, with advance notice.

Our Services may allow you to connect with or access certain third-party services, websites, or applications. Your use of those third-party services is subject to their respective terms and policies. Upplai is not responsible for the availability, security, or functionality of any third-party services.

OUR SERVICES ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

To the maximum extent permitted by law, Upplai and its affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, goodwill, or other intangible losses related to your use of the Services. Upplai's aggregate liability will not exceed the amount you paid for the Services that gave rise to the claim during the 12 months before the liability arose. This limit applies to all claims related to the Services.

You agree to indemnify and hold harmless Upplai and its affiliates from any claims, losses, liabilities or expenses (including attorney fees) arising out of your use of the Services or Content, your Input or Output, or your violation of these Terms.

Upplai will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, embargoes, strikes, labor disputes, internet service provider failures or delays, power failures, or governmental actions.

Your use of our Services may be subject to export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce. You agree to comply with all such laws and regulations, and not to export, re-export, or release the Services to any country or jurisdiction subject to trade sanctions, embargoes, or where use is otherwise prohibited under applicable law.

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of laws principles. Any disputes will be resolved through binding arbitration in New Castle County, Delaware, in accordance with the American Arbitration Association's rules for commercial disputes. Arbitration will be conducted on an individual basis; class arbitrations are not permitted. Judgment on the arbitral award may be entered in any court with jurisdiction. Notwithstanding this arbitration agreement, either party may seek equitable relief to protect its intellectual property rights.

We may provide notices, whether such notices are required by law or are for marketing or other business-related purposes, to you via email notice, or through posting of such notice on our website, as determined by Upplai in our sole discretion.

For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Notices to you will be sent to the email address associated with the OAuth provider you used to sign up for the Services. You are responsible for ensuring that your email address is accurate and current. Any notice that you provide to Upplai must be sent to team@uppl.ai.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force. Upplai's failure to enforce any right or provision does not waive that right. Upplai will not be liable for failing to perform its obligations due to circumstances beyond its reasonable control. You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Upplai.