Terms of Service

Welcome to our AI/ML Job Portal ("Platform", "Service", "we", "us", or "our"). By accessing or using our Platform, you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, you may not access or use the Service. Your continued use of the Platform constitutes acceptance of any modifications to these Terms.

These Terms apply to all users of the Platform, including candidates seeking employment and employers posting job opportunities.

Our Platform provides a specialized job matching service focused on AI/ML and technology positions. Our services include:

• Job aggregation from public sources and direct employer postings
• Skills-verified candidate profiles with proctored assessments
• AI-powered job matching and recommendations
• Application tracking and management tools
• Direct messaging between employers and candidates
• Success-based placement services for employers

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.

Employers using our Platform to hire candidates agree to pay a success-based placement fee upon successful hire. The fee structure is tiered based on the candidate's annual base salary:

Fee Calculation:

• The success fee is calculated as a percentage of the candidate's first-year annual base salary
• Base salary includes guaranteed compensation only (excludes bonuses, equity, or benefits)
• For hourly positions, annual salary is calculated as: hourly rate × 2,080 hours
• For contract-to-hire positions, fees apply upon conversion to full-time employment

When Fees Apply:

Success fees are due when an employer extends a written offer of employment to a candidate that was sourced through or matched by our Platform, and the candidate accepts that offer. This includes:

• Direct hires through the Platform
• Candidates who applied through aggregated job listings claimed by the employer
• Candidates contacted through our messaging system
• Re-hires of candidates within 12 months of initial introduction through our Platform

Payment Schedule:

Success fees are payable in two installments:

Payment Methods:

• ACH bank transfer (preferred)
• Wire transfer
• Credit card (subject to 3% processing fee)
• Check (must be received within payment deadline)

Late Payments:

Late payments are subject to a 1.5% monthly interest charge (18% APR) on the outstanding balance. Accounts with payments overdue by more than 30 days may result in suspension of Platform access and referral to collections.

Invoicing:

Invoices will be sent electronically to the employer's registered email address. Employers are responsible for maintaining accurate billing contact information.

Disputes:

Payment disputes must be raised in writing within 15 days of invoice date. Undisputed portions of invoices remain due according to the payment schedule.

We stand behind the quality of our placements. If a hired candidate voluntarily leaves or is terminated for cause within 90 days of their start date, we will provide a replacement candidate at no additional placement fee.

Guarantee Coverage:

This guarantee applies when:

• The candidate voluntarily resigns within 90 days of start date
• The candidate is terminated for cause (performance, conduct, or attendance issues) within 90 days
• The employer has paid all invoiced fees in full and on time
• The employer notifies us in writing within 5 business days of the candidate's departure

Guarantee Exclusions:

This guarantee does NOT apply if:

• The candidate is laid off due to company restructuring, downsizing, or budget cuts
• The position is eliminated or substantially changed from the original job description
• The candidate's departure is due to workplace harassment, discrimination, or hostile work environment
• The employer breaches the employment agreement (salary, benefits, or working conditions)
• Outstanding payment obligations exist

Replacement Process:

1. Employer notifies us in writing within 5 business days with termination documentation
2. We review the circumstances to confirm guarantee eligibility
3. Upon approval, we initiate a replacement search with the same urgency as the original search
4. Replacement candidates are presented within 30 days
5. No additional placement fee is charged for the replacement hire

Limitations:

This guarantee is limited to one replacement per original placement. If the replacement candidate also departs within 90 days, the employer may request a partial refund (50% of fees paid) in lieu of a second replacement.

Job Aggregation:

Our Platform aggregates job listings from publicly available sources including company career pages, SkillProofs, and public APIs. This service helps candidates discover opportunities and allows employers to increase visibility for their openings.

Employer Job Claiming:

Employers can "claim" aggregated job listings that belong to their organization. By claiming a job, employers:

• Gain access to candidates who apply through our Platform
• Can view candidate profiles and skills assessments
• Receive application notifications and analytics
• Can update or remove the job listing

Fee Applicability for Aggregated Jobs:

Important: Success fees apply to hires made through candidates who applied via aggregated job listings that were claimed by the employer. By claiming a job listing, employers acknowledge:

• They accept our success fee terms for any resulting hires
• Candidates applying through the Platform are introduced by our Service
• The 90-day replacement guarantee applies to these hires

Removal Requests:

Employers may request removal of aggregated job listings by contacting us at jobs@example.com. We will remove listings within 48 hours. However, success fees still apply to candidates who applied before removal.

Job Posting Rights:

Employers may also post jobs directly to our Platform. Direct postings receive:

• Higher visibility in search results
• Featured placement in candidate recommendations
• Priority access to skills-verified candidates
• Advanced analytics and tracking

Our Platform offers proctored skills assessments to verify candidate competencies. These assessments are designed to provide employers with objective measures of technical abilities.

Assessment Process:

• Assessments are proctored using webcam monitoring and screen recording
• Candidates must complete assessments in one sitting within the allotted time
• Code execution and browser activity are monitored for integrity
• Results are reviewed by our technical team before badge issuance

Skill Tiers:

Candidate Responsibilities:

By taking an assessment, candidates agree to:

• Complete assessments independently without outside assistance
• Not share assessment questions or answers
• Allow proctoring through webcam and screen recording
• Provide a quiet, private environment for testing
• Accept that cheating or integrity violations result in permanent account suspension

Employer Use of Assessments:

Skills badges are provided as supplementary information. Employers should use assessments as one factor among many in hiring decisions. We make no guarantees about job performance based solely on assessment scores.

Retake Policy:

Candidates may retake assessments once every 60 days. Previous scores remain visible to employers with a timestamp indicating when each assessment was completed.

To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

Account Security:

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access or security breach
• We are not liable for any loss or damage arising from your failure to protect your account

Account Types:

• Candidate Accounts: For individuals seeking employment opportunities
• Employer Accounts: For companies and organizations hiring talent

You may only create one account per email address. Creating multiple accounts to circumvent Platform restrictions or fees is prohibited and may result in termination of all associated accounts.

Account Verification:

We may require verification of your identity or company affiliation before granting full Platform access. Employer accounts may require business verification through domain confirmation or documentation.

You agree NOT to:

• Post false, misleading, or fraudulent job listings or candidate information
• Discriminate based on race, gender, age, religion, disability, or other protected characteristics
• Harass, abuse, or threaten other users through messaging or communications
• Scrape, copy, or extract Platform data using automated tools
• Reverse engineer or attempt to access Platform source code
• Circumvent success fees by moving candidates off-platform before hire
• Share account credentials with others
• Spam users with unsolicited messages or job offers
• Post content containing viruses, malware, or malicious code
• Violate any applicable laws or regulations

Candidate Responsibilities:

• Provide truthful and accurate information in your profile and applications
• Maintain professional conduct in all communications with employers
• Respond promptly to interview requests and job offers
• Update your profile if you are no longer seeking opportunities

Employer Responsibilities:

• Post only legitimate job openings with intent to hire
• Provide accurate salary ranges and job requirements
• Respond to candidate applications in a timely manner
• Comply with all employment laws and regulations
• Pay success fees promptly according to payment terms
• Report hires made through the Platform honestly and completely

Consequences of Violations:

Violation of these responsibilities may result in warning, account suspension, permanent termination, withholding of services, legal action, or reporting to relevant authorities.

The Platform and its original content, features, and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Platform Content:

All text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation and organization thereof (collectively, "Content") are our exclusive property or that of our licensors.

User-Generated Content:

You retain ownership of content you submit to the Platform (profiles, job postings, messages, etc.). However, by submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content for the purpose of operating and improving the Platform.

Restrictions:

You may not:

• Reproduce, distribute, or create derivative works from Platform content
• Use our trademarks, logos, or branding without written permission
• Frame or mirror any part of the Platform
• Use automated systems to access the Platform without authorization

DMCA Compliance:

We respect intellectual property rights. If you believe content on our Platform infringes your copyright, please contact us at legal@example.com with detailed information about the alleged infringement.

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Data Collection:

We collect the following types of information:

• Account Information: Name, email, phone, profile details
• Professional Information: Resume, work history, skills, assessments
• Usage Data: How you interact with the Platform, search queries, clicks
• Technical Data: IP address, browser type, device information
• Communication Data: Messages sent through the Platform

How We Use Your Data:

• To provide and improve our Services
• To match candidates with relevant job opportunities
• To facilitate communication between employers and candidates
• To verify skills and assess candidate qualifications
• To prevent fraud and ensure Platform security
• To comply with legal obligations
• To send service-related notifications and updates

Data Sharing:

We do not sell your personal information. We may share your data with:

• Employers when you apply to jobs or grant profile access
• Service providers who help us operate the Platform
• Legal authorities when required by law

Your Data Rights:

You have the right to access, correct, delete, or export your personal data. Contact us at privacy@example.com to exercise these rights.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Cost of substitute services
• Damage to reputation or goodwill
• Personal injury or emotional distress

Service Disclaimers:

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• That the Service will be uninterrupted, timely, secure, or error-free
• That any defects or errors will be corrected
• That the Service is free of viruses or harmful components
• Regarding the accuracy, reliability, or completeness of content
• That job listings are current, accurate, or represent legitimate opportunities
• That candidate profiles or assessments accurately reflect qualifications

Employment Outcomes:

We do not guarantee that candidates will find employment or that employers will find suitable candidates. Employment decisions are solely between employers and candidates.

Maximum Liability:

Our total liability for any claims arising from your use of the Platform shall not exceed the total fees paid by you to us in the 12 months preceding the claim, or $500, whichever is greater.

Third-Party Content:

The Platform may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, accuracy, or practices of these third parties.

Informal Resolution:

Before initiating formal dispute resolution, you agree to contact us at legal@example.com to attempt to resolve the dispute informally. We will make good-faith efforts to resolve disputes within 30 days.

Binding Arbitration:

If informal resolution fails, any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.

Arbitration Rules:

• Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
• The arbitration will take place in [Jurisdiction], unless both parties agree otherwise
• The arbitrator's decision will be final and binding
• Each party will bear their own legal costs unless the arbitrator awards costs to the prevailing party
• The arbitration will be confidential

Class Action Waiver:

YOU AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. ARBITRATORS MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

Exceptions to Arbitration:

Either party may seek injunctive or equitable relief in court for:

• Intellectual property disputes
• Data privacy violations
• Unauthorized access to the Platform

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of law provisions.

Termination by You:

You may terminate your account at any time by contacting us at support@getskillproof.com or using the account deletion feature in your settings. Upon termination, your profile will be deactivated and removed from public view within 48 hours.

Termination by Us:

We may suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent activity or misrepresentation
• Non-payment of owed fees
• Harassment or abuse of other users
• Circumventing success fees or platform restrictions
• Violation of laws or regulations
• Prolonged inactivity (no login for 24+ months)

Effect of Termination:

Upon termination:

• Your right to access and use the Platform immediately ceases
• Your profile and job postings will be removed from public view
• We may retain certain information as required by law or for legitimate business purposes
• Outstanding payment obligations remain due and payable
• Success fees for hires initiated before termination remain applicable

Survival:

The following sections survive termination: Success Fee Terms, Payment Terms, Intellectual Property Rights, Limitation of Liability, Dispute Resolution, and any provisions that by their nature should survive.

Data Retention After Termination:

After account termination, we will retain your data for 90 days to allow for account reactivation. After 90 days, your data will be permanently deleted, except for information we are required to retain by law or for legitimate business purposes (e.g., payment records, dispute resolution).

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will notify you by:

• Posting a notice on the Platform homepage
• Sending an email to the address associated with your account
• Displaying a prominent notification when you next log in

What Constitutes Material Changes:

Material changes include, but are not limited to:

• Changes to success fee percentages or payment terms
• Modifications to the replacement guarantee
• Changes to dispute resolution or arbitration provisions
• Significant changes to data collection or privacy practices
• Changes to user responsibilities or prohibited activities

Notice Period:

For material changes, we will provide at least 30 days' notice before the changes take effect. Non-material changes may take effect immediately upon posting.

Your Acceptance:

By continuing to use the Platform after changes take effect, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Platform and may terminate your account.

Version History:

We maintain a version history of these Terms. You can view previous versions by contacting legal@example.com.

If any provision of these Terms is found to be unenforceable or invalid under applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole.

In such cases, the unenforceable or invalid provisions will be modified to the minimum extent necessary to make them enforceable and valid while preserving their intent. If such modification is not possible, the provision will be severed from these Terms.

The remaining provisions of these Terms will continue in full force and effect and will not be affected by the modification or severance.

If you have questions, concerns, or feedback about these Terms of Service, please contact us:

Response Time:

We strive to respond to all inquiries within 2-3 business days. For urgent matters, please mark your subject line as "URGENT."