Terms of Service
Welcome to Kleo Labs Inc!
These Terms of Service (these "Terms") describe the terms and conditions by which you may access and/or use the website(s), including kleoklaw.com, and any and all related software, documentation, and online, mobile-enabled, and/or digital services (collectively, the "Service") provided by Kleo Labs Inc, with offices at 15633 NE 173rd St, Woodinville, WA 98072, United States (including its successors and assigns, "Kleo Labs Inc," "we," "our," or "us"). Contact: founders@kleoklaw.com. The Service is delivered primarily through Apple iMessage via SendBlue (not carrier SMS / A2P 10DLC) and related web interfaces. If and when we make companion mobile applications available for Apple and/or Google devices (the "Apps"), Section 12 will apply. KleoKlaw is an SMS and iMessage job-application assistant: it searches and scores job postings, may tailor a résumé using a large language model, fills applicant tracking system ("ATS") forms, and submits applications on Greenhouse and Workday on your behalf as described in Section 11. Kleo Labs Inc is not an employer, recruiter, employment agency, staffing firm, or law firm, and does not guarantee interviews, offers, or employment. By accessing and/or using the Service, you're agreeing to these Terms and acknowledging that you have read and understood our Privacy Notice which is incorporated herein by reference. If you don't agree to these Terms, you may not use the Service. We reserve the right to modify these Terms, as described below. These Terms apply to all visitors and users of the Service, and to all others who access the Service (collectively, "Users," and, as applicable to you, "you" or "your").
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 17.2 (THE "ARBITRATION AGREEMENT") AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 17.3 (THE "CLASS ACTION/JURY TRIAL WAIVER") THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (AS DEFINED BELOW), YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.
1. How We Administer the Service
1.1 Eligibility. This is a contract between you and Kleo Labs Inc. You must read and agree to these Terms before using the Service. You may use the Service only if you can form a legally binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations ("Applicable Law"). To use the Service, you must be at least 18 years old. The Service is not directed to children under 13, and we do not onboard users we know to be 16 or 17 even if they seek internships. You represent and warrant that you meet the applicable age requirements and are competent to agree to these Terms. We store an age attestation ("at_least_18") and may answer employer "are you 18 or older" questions from that attestation. The Service is not available to any Users we previously removed from the Service.
1.2 User Accounts
1.2.1 Your User Account; Suspension and Termination. Your account on the Service (your "User Account") gives you access to certain services and functionalities that we may, in our sole discretion, establish and maintain as part of the Service from time to time. We may, with or without prior notice, permanently terminate or temporarily suspend your access to your User Account and/or the Service without liability and for any or no reason, including abuse, fraud, unpaid Fees, or if you violate any provision of these Terms. You may cancel billing, stop outbound product messages, or request deletion of your User Account; those are three different actions, as described in Sections 8.4.3, 10.5, and 20.7. We may, with or without prior notice, change or stop providing the Service, to you or to Users generally, or create usage limits for the Service.
1.2.2 Connecting Via Third-Party Services. By connecting to the Service via a Third-Party Service, you give us permission to access and use your information from that service.
1.2.3 Account Security. You may never use another User's User Account without such User's permission. You are solely responsible for the activity that occurs on your User Account, you will keep your User Account password(s) and/or any other authentication credentials secure and private. You are solely responsible for the activity that occurs on your User Account, you will keep your User Account password(s) and/or any other authentication credentials secure, and you will not share your password(s) and/or any other authentication credentials with anyone else. We encourage you to use "strong" passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) to protect your User Account. We will not be liable for, and expressly disclaim liability for, any losses caused by any unauthorized use of your User Account and/or any changes to your User Account. You will notify us immediately of any breach of security or unauthorized use of your User Account.
1.2.4 Account Management. You may control certain aspects of your User Account and how you interact with the Service by messaging Kleo over iMessage or by contacting us at founders@kleoklaw.com. Your Google-verified account email ("account_email") is used for Stripe billing and Service-related email notices and may differ from the job-application email stored on your profile. By providing us with an email address, you consent to our using the billing account email (or, if none, the profile email) to send you Service-related notices. If we send you marketing-related emails, you may opt out of receiving them or change your preferences by contacting the Service support team at founders@kleoklaw.com or by clicking on the "unsubscribe" link within a marketing email. Opting out will not prevent you from receiving Service-related notices.
1.3 Geographic Scope. The Service is intended for users located in the United States. Work-authorization questions, EEO-1 and similar self-identification forms, and iMessage delivery all assume a U.S. context. We do not currently target or offer the Service to residents of the European Economic Area, the United Kingdom, or Switzerland. If you access the Service from outside the United States, you do so at your own initiative, and your information may be processed in the United States and in other countries where our processors operate.
2. Access to the Service; Service Restrictions
2.1 Access to the Service. Subject to your compliance with these Terms and any documentation we may make available to you, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable right to access and use the Service, solely for your personal use, as permitted by the features of the Service. We reserve all rights not expressly granted herein in and to the Service. Notwithstanding anything to the contrary herein, certain portions of the Service may be available only during the Subscription Term(s) (as defined below), as further described in Section 8.4 (Subscription Plans).
2.2 Restrictions and Acceptable Use. Except to the extent a restriction is prohibited by Applicable Law, you will not do, and will not enable any third party to do, any of the following. The restrictions in this Section 2.2 apply to unauthorized access to the Service and to unauthorized automation of third-party sites. Section 11 governs authorized job application automation on third-party career sites and applicant tracking systems ("ATS") platforms solely as your limited agent, using credentials and profile data you provide, subject to the limits in Section 11. In the event of any conflict between Section 2.2 and Section 11 regarding job application automation, Section 11 controls.
2.2.1 disassemble, reverse engineer, decode, or decompile any part of the Service or license or resell or modify any part of the Service;
2.2.2 use any automated or non-automated means to access the Service for "scraping" (except that public search engines may use spiders to create searchable indices of public materials, only as specified in the robots.txt file);
2.2.3 use the Service in any manner that impacts the stability of the servers or the operation or performance of the Service or any User's use of the Service;
2.2.4 copy, rent, lease, sell, loan, transfer, assign, sublicense, resell, distribute, modify, alter, or create derivative works of any part of the Service or any of our intellectual property;
2.2.5 use the Service in any manner that (i) violates any Applicable Law, contractual obligation, or right of any person, (ii) is fraudulent, false, deceptive, or defamatory, (iii) promotes hatred, violence, or harm against, or (iv) otherwise may be harmful or objectionable to us or any other third party;
2.2.6 use the Service in competition with us, to develop competing products or services, for benchmarking or competitive analysis of the Service, or otherwise to our detriment or disadvantage;
2.2.7 bypass the measures we may use to prevent or restrict access to the Service;
2.2.8 use the Service to transmit spam or other unsolicited email (and we may immediately remove any content that we believe to be spam) or use the Service for commercial solicitation;
2.2.9 access any content available on or via the Service through any technology or means other than those provided by the Service or authorized by us;
2.2.10 attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Service;
2.2.11 transmit invalid data, viruses, worms, or other software agents through the Service;
2.2.12 collect or harvest any personal information from the Service; or
2.2.13 refer to us or to the Service in a manner that could imply a relationship that involves endorsement, affiliation, or sponsorship between you (or a third party) and us without our consent.
2.3 User Responsibilities.
2.3.1 User Controls. You have and will retain sole responsibility for the security, use, and permissions to use the credentials associated with your email accounts, Workday candidate accounts we create or reset for you, any dedicated IMAP inbox you connect, the local desktop agent if you install it, and any other accounts you may provide to us through the Service.
2.3.2 User Sensitive Information. Certain categories of information require special protection under Applicable Law. For purposes of these Terms, "Prohibited Sensitive Information" means information we do not collect or store as a profile field, including: (i) Social Security numbers, driver's license numbers, passport numbers, or other government identification numbers — we do not collect SSN, and if an employer form requires it we will text you a gap question rather than invent or store it as a standing profile field; (ii) protected health information as defined in the Health Insurance Portability and Accountability Act, as amended ("HIPAA"); (iii) financial account credentials beyond what our payment processor (Stripe) collects; (iv) children's data subject to the Children's Online Privacy Protection Act ("COPPA"); (v) biometric identifiers; and (vi) precise GPS geolocation (we may store city, state, and postal code from your résumé or profile, which is not precise geolocation). Separately, "Employment Application Data" means work history, education, work authorization or visa/sponsorship answers, salary preferences, optional equal-opportunity or demographic responses you choose to provide for ATS forms, and screening answers reused across jobs. We collect Employment Application Data only to prepare and submit job applications you authorize under Section 11. You represent that Employment Application Data you provide is accurate and that you are authorized to provide it. False statements on job applications can constitute fraud against the employer and may have legal consequences for you.
2.3.3 Third-Party Services. You understand and agree that Kleo Labs Inc may from time to time make certain third-party sites, materials, and services ("Third-Party Services") available to you or allow for such Third-Party Services to be integrated with the Service to allow for the transmission of User Content (as defined below) from such Third-Party Services into the Service. For purposes of these Terms, such Third-Party Services are subject to their own terms and conditions. Kleo Labs Inc is not responsible for the operation of any Third-Party Services and makes no representations, warranties or endorsements of any kind with respect to Third-Party Services or their respective providers. If you do not agree to abide by the applicable terms for any such Third-Party Services, then you should not install or use such Third-Party Services. If you access a Third-party Service from the Service or share your User Content on or through any Third-Party service, you do so at your own risk, and you understand that these Terms and our Privacy Notice do not apply to your use of any Third-Party Service. By authorizing Kleo Labs Inc to transmit your User Content from Third-Party Services into the Service, you represent and warrant to Kleo Labs Inc that you have all right, power, and authority to provide such authorization.
YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY ARISING FROM YOUR ACCESS TO AND/OR USE OF ANY THIRD-PARTY SERVICE. ADDITIONALLY, YOUR DEALINGS WITH, OR PARTICIPATION IN PROMOTIONS OF, ADVERTISERS FOUND ON THE SERVICE ARE SOLELY BETWEEN YOU AND SUCH ADVERTISERS. YOU UNDERSTAND AND ACKNOWLEDGE THAT WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH SUCH ADVERTISERS.
3. User Content
3.1 As between us and you, you (or your licensors) will own any and all information, data, and other content that is collected or otherwise received by us from you through the Service ("User Content").
3.2 We claim no ownership rights over User Content, and, as between you and us, all User Content that is submitted, posted, displayed, provided, shared, or otherwise made available on or via the Service by you is and will remain yours (or your licensors). You own your résumé content. We have the right (but not the obligation) in our sole discretion to remove any of your User Content that is shared via the Service. You further grant, and you represent and warrant that you have all rights necessary to grant, to us, under all of your intellectual property rights, a non-exclusive and royalty-free right and license to use, copy, store, modify, distribute, reproduce, publish, list, make derivative works of, and display your User Content: (i) to maintain and provide the Service, including parsing résumés, tailoring résumés, generating cover letters and application responses, filling forms, and submitting applications you authorize; (ii) for security, fraud prevention, debugging, operational alerts, and customer support; (iii) to create de-identified or aggregated analytics; and (iv) to perform such other actions as described in our Privacy Notice or as authorized by you in connection with your use of the Service. This license does not grant us the right to sell your résumé as a standalone product. Kleo Labs Inc does not independently train general-purpose third-party models on your User Content. We send User Content to large-language-model providers to operate the Service, as described in the Privacy Notice; we do not warrant those providers' training or retention practices.
3.3 WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER CONTENT. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF SUBMITTING, POSTING, DISPLAYING, PROVIDING, SHARING, OR OTHERWISE MAKING IT AVAILABLE ON OR THROUGH THE SERVICE. For job search and application submission, KleoKlaw acts as your limited agent as described in Section 11, and the "passive conduit" characterization in this Section applies only to other User Content distribution on the Service, not to applications submitted on your behalf. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICE MAY EXPOSE YOU TO CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF OR RELATING TO ANY CONTENT ACCESSED ON OR THROUGH THE SERVICE.
4. Intellectual Property
4.1 Kleo Labs Inc Intellectual Property. You understand and acknowledge that we (or our licensors (including other Users), as applicable) own and will continue to own all rights (including intellectual property rights), title, and interest in and to the Service, all materials and content displayed or otherwise made available on and/or through the Service (excluding your User Content), and all software, prompts, matching models, job index, algorithms, code, technology, and intellectual property underlying and/or included in or with the Service. Use of any intellectual property for any purpose not expressly permitted by these Terms is strictly prohibited.
4.2 Usage Data. We may collect, or you may provide to us, diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, "Usage Data"). All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including intellectual property rights), title, and interest in and to same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Service; (b) to improve our products and services (including the Service), and to develop new products, services, and/or features; (c) to monitor your usage of the Service; (d) for research and analytics, including, without limitation, data analysis, identifying usage trends, and/or customer research; and (e) to share analytics and other derived Usage Data with third parties, solely in de-identified or aggregated form. The Service may contain technological measures designed to prevent unauthorized or illegal use of the Service; you understand and acknowledge that we may use these and other lawful measures to verify your compliance with these Terms and to enforce our rights, including intellectual property rights, in and to the Service.
4.3 Output. Subject to your compliance with these Terms, you may use your output of the Service ("Output"), including but not limited to tailored resumes, cover letters, application answers, and chat or message text, for any lawful purpose (except as described below), on a royalty-free basis, provided that you acknowledge and agree: (i) that your use of the Service and the Output does not transfer to you ownership of any intellectual property rights in the Service and that (ii) we may, by notice to you at any time, limit your use of the Output or require you to cease using them (and delete any copies of them) if we form the view, in our sole and absolute discretion, that your use of the Output may infringe the rights of any third party. You shall not represent that Output was human-generated or use the Output to train your own machine learning models. Job matching and auto-apply use automated decision-making. Enqueueing an application at or above your minimum score can occur without a human reviewing that match. You can require per-job approval by keeping manual review on.
DUE TO THE NATURE OF MACHINE LEARNING, THE OUTPUT MAY NOT BE UNIQUE ACROSS USERS AND THE SERVICE MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR OTHER USERS. USE OF THE SERVICE MAY RESULT IN INCORRECT OUTPUT THAT DOES NOT ACCURATELY REFLECT REALITY. YOU MUST EVALUATE THE ACCURACY OF ANY OUTPUT AS APPROPRIATE FOR YOUR USE CASE, INCLUDING BY USING HUMAN REVIEW OF THE OUTPUT. YOU UNDERSTAND AND AGREE THAT THE OUTPUT MAY CONTAIN "HALLUCINATIONS" AND MAY BE INACCURATE, OBJECTIONABLE, INAPPROPRIATE, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY THIRD PARTY ALLEGES TO INCUR AS A RESULT OF OR RELATING TO ANY OUTPUT OR OTHER CONTENT GENERATED BY OR ACCESSED ON OR THROUGH THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ACTIONS YOU TAKE BASED ON RELYING ON THE OUTPUT, INCLUDING APPLICATION SUBMISSIONS, JOB SEARCH DECISIONS, AND INTERVIEW OR EMPLOYMENT DECISIONS MADE BASED ON REVIEW OF THE OUTPUT.
4.4 Open Source Software. Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.
5. Feedback. To the extent you provide us any suggestions, recommendations, or other feedback relating to the Service or to any other Kleo Labs Inc products or services (collectively, "Feedback"), you hereby assign to us all rights (including intellectual property rights), title, and interest in and to the Feedback, without providing any attribution or compensation to you or to any third party. Please treat Feedback as our Confidential Information (as defined below).
6. Confidential Information
The Service may include non-public, proprietary, or confidential information of Kleo Labs Inc and/or of other Users ("Confidential Information"). Confidential Information includes any information that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology, and marketing information. You will: (a) protect and safeguard the confidentiality of all Confidential Information with at least the same degree of care as you would use protect your own highly sensitive confidential information, but in no event with less than a reasonable degree of care; (b) not use any Confidential Information for any purpose other than to exercise your rights, or to perform your obligations, under these Terms; and (c) not disclose any Confidential Information to any person or entity, except your service providers or financial or legal advisors who/that (i) need to know the Confidential Information and (ii) are bound by non-use and non-disclosure restrictions at least as restrictive as those set forth in this Section.
7. Our Publicity Rights
We may identify you as a User in our promotional materials. We will promptly stop doing so upon receipt of your request sent to founders@kleoklaw.com.
8. Payments, Billing, and Subscription Plans
8.1 Billing Policies; Taxes. Certain aspects of the Service may be provided for free, while certain other aspects of the Service may be provided for a fee ("Fee"). Each Fee (including each Subscription Fee (as defined below)) is the sum of the applicable Kleo Labs Inc Fee (as defined below) and any applicable Third-Party Fees (as defined below). Kleo Labs Inc reserves the right to negotiate different Fees with Users via the Service. By electing to use paid aspects of the Service, including enrolling in Subscription(s) (as defined below), you agree to the pricing and payment terms applicable to you, as disclosed at checkout and incorporated by reference herein. We may add new products and/or services for additional Fees, add or amend Fees for existing products and/or services, and/or discontinue offering any Subscriptions at any time; provided, however, that if we have agreed to a specific Subscription Term and a corresponding Subscription Fee, then that Subscription will remain in force for that Subscription Fee during that Subscription Term. Any change to our pricing and payment terms will become effective in the billing cycle following our provision of notice of such change. Except as may be expressly stated in these Terms, all Fees must be paid in advance, payment obligations are non-cancelable once incurred (subject to any cancellation rights set forth in these Terms), and Fees paid are non-refundable. Fees are stated exclusive of any taxes, levies or duties (collectively, but, for clarity, excluding taxes based on our net income, "Taxes"). Taxes may apply where required by law and may be added at checkout.
8.2 Definitions.
8.2.1 "Payment Processor" means the third-party payment processor, which we engage to process payments Users make in connection with the Service.
8.2.2 "Kleo Labs Inc Fee" means the portion of the Fee (including any Subscription Fee) that Kleo Labs Inc may retain as consideration for providing the Service or any portion thereof (including any particular Subscription), as applicable.
8.2.3 "Subscription" means a particular portion of the Service that is available on an automatically renewing subscription basis, and your access thereto, as applicable.
8.2.4 "Subscription Fee" means the recurring amount due as consideration for a Subscription.
8.2.5 "Third-Party Fees" means the portion of the Fee (including any Subscription Fee) retained by one (1) or more third parties, including Payment Processor, that we may engage from time to time, in our sole discretion.
8.3 Your Payment Method for Payments to Kleo Labs Inc
8.3.1 General. To use non-free aspects of the Service, you must provide us with at least one (1) valid payment card that is accepted by us and Payment Processor (each such card, a "Payment Method"). By providing a Payment Method, you authorize each of Kleo Labs Inc and Payment Processor to charge that Payment Method the applicable Fees and Taxes, including, if applicable, on a recurring basis until you cancel your Subscription (including any notice period specified in the Cancellation Procedures section below). Fees and Taxes will be charged to your Payment Method on the specific payment date indicated in your User Account. The length of your billing cycle will depend on the type of Subscription in which you are enrolled, if applicable. We may authorize your Payment Method in anticipation of Service-related charges through various methods.
8.3.2 Third-Party Payment Processor. Our current Payment Processor is Stripe, Inc. and its affiliates ("Stripe"). You also agree to Stripe's applicable terms (including the Stripe Services Agreement) for payment processing. We do not store full payment-card numbers; Stripe does. We or Payment Processor will attempt to verify your Payment Method(s), and may do so by processing an authorization hold, which is standard practice. To the extent Payment Processor processes payments made by you, you will be subject to terms and conditions governing the use of Payment Processor's service. Please review such terms and conditions as well as Payment Processor's privacy notice (each of which is available on Payment Processor's website). You acknowledge and understand that Payment Processor may collect and retain Third-Party Fees whenever you pay Fees (including Subscription Fees). Payment must be received by Payment Processor before our acceptance of an order. For all payments, Payment Processor will collect your Payment Method details and charge your chosen Payment Method in connection with an order. If any of your account, order, or Payment Method information changes, you will promptly update such information, so that we or Payment Processor may complete your transaction(s) and/or contact you, as needed.
8.3.3 Payment Representations and Warranties. You represent and warrant that: (i) the account, order, and Payment Method information you supply to us and/or to Payment Processor, as applicable, is true, accurate, correct, and complete; (ii) you are duly authorized to use the Payment Method(s); (iii) you will pay any and all charges incurred by users of your Payment Method in connection with the Service, including any applicable Fees (at the prices in effect when such charges are incurred) and Taxes; (iv) charges incurred by you will be honored by your Payment Method company; (v) you will not allow or enable anyone else to use your Subscription (including, without limitation, by sharing your password(s) or any other authentication credentials with anyone else, or by attempting to transfer your Subscription to anyone else); and (vi) you will report to us any unauthorized or prohibited access to or use of your Subscription and/or password(s) or other authentication credentials.
8.3.4 Disclaimer. WE DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR: (I) ANY SECURITY OR PRIVACY BREACHES RELATED TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD, (II) ANY FEES THAT MAY BE CHARGED TO YOU BY YOUR BANK IN CONNECTION WITH THE COLLECTION OF FEES, AND/OR (III) ANY UNAUTHORIZED USE OF YOUR CREDIT CARD, DEBIT CARD, OR OTHER PAYMENT METHOD BY A THIRD PARTY.
8.4 Subscription Plans
8.4.1 Automatic Renewals. Subscriptions are available on an automatically renewing subscription basis and entail payment of Subscription Fees. The paid Subscription is offered as a monthly plan at $29.99 USD per month, with an optional one (1) month free trial as disclosed at checkout. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM FOR SUBSEQUENT MONTHLY TERMS UNLESS AND UNTIL YOU CANCEL THE APPLICABLE SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED BELOW. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR INTENT TO CANCEL, YOUR SUBSCRIPTION AND THE CORRESPONDING SUBSCRIPTION FEE WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE EACH OF KLEO LABS INC AND PAYMENT PROCESSOR (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE SUBSCRIPTION FEE AND ANY APPLICABLE TAXES, USING ANY OF YOUR PAYMENT METHODS.
8.4.2 Automatic Billing and Policies. When you enroll in a Subscription, you expressly acknowledge and agree that: (i) each of Kleo Labs Inc and Payment Processor is authorized to charge you, at the beginning of each Subscription Term, the Subscription Fee for the applicable Subscription, any applicable Taxes, and any other charges you may incur in connection with such Subscription, subject to adjustment in accordance with these Terms; and (ii) your Subscription is continuous until the earlier of: (A) your cancellation of such Subscription (including any notice period specified in the Cancellation Procedures section below) and (B) the suspension, discontinuation, or termination of your access to such Subscription or to the Service in accordance with these Terms. You understand and acknowledge that the amounts billed may vary due to changes to the Subscription Fee in accordance with the payment terms set forth via the Service, and/or changes in applicable Taxes, and you authorize each of Kleo Labs Inc and Payment Processor to charge your Payment Method the changed amounts.
8.4.3 Cancellation Procedures. You may cancel your Subscription at any time by texting "CANCEL". We will then direct you to the cancellation page, where you can complete cancellation. Cancellation takes effect at the end of your then-current Subscription Term. You will continue to have access to the Subscription through the end of the then-current Subscription Term. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR INTENT TO CANCEL, YOUR SUBSCRIPTION AND THE CORRESPONDING SUBSCRIPTION FEE WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE EACH OF KLEO LABS INC AND PAYMENT PROCESSOR (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE SUBSCRIPTION FEE AND ANY APPLICABLE TAXES, USING ANY OF YOUR PAYMENT METHODS.
8.4.4 Cancellation; Refunds. You may de-activate your User Account or any Subscription at any time and we may suspend or terminate your Subscription, your User Account, or the Service at any time, in our sole discretion. HOWEVER, YOU UNDERSTAND AND ACKNOWLEDGE THAT, UNLESS REQUIRED BY APPLICABLE LAW, YOU WILL NOT BE ENTITLED TO RECEIVE ANY REFUND OR CREDIT FOR ANY SUCH CANCELLATION, SUSPENSION, OR TERMINATION, NOR FOR ANY UNUSED TIME ON YOUR SUBSCRIPTION, ANY PRE-PAYMENTS MADE IN CONNECTION WITH YOUR SUBSCRIPTION, ANY USAGE OR SUBSCRIPTION FEES FOR ANY PORTION OF THE SERVICE, ANY CONTENT OR DATA ASSOCIATED WITH YOUR USER ACCOUNT, OR ANYTHING ELSE, AND THAT ANY SUCH REFUNDS OR CREDITS MAY BE GRANTED AT OUR SOLE OPTION AND IN OUR SOLE DISCRETION. If you believe you have been improperly charged and would like to request a refund, please contact us at founders@kleoklaw.com.
8.4.5 Free Trials. We may, at our sole option and in our sole discretion, offer a one (1) month free trial to the monthly Subscription, subject to the terms disclosed at checkout and in the in-product price disclosure (currently $29.99 USD per month with a one-month free trial). A payment method is required up front. If you are signed up to such a free trial, we or Payment Processor will automatically bill your Payment Method on the day that follows the last day of your free trial (which day will be the first day of your first Subscription Term), and on the first day of each subsequent Subscription Term, subject to these Terms. If you wish to avoid charges to your Payment Method, you must cancel before the free trial ends by texting "CANCEL", after which we will direct you to the cancellation page. If you cancel your free trial while it is ongoing, your access to the applicable portion of the Service may be terminated immediately upon such cancellation. Unused trial or subscription days are not refunded except where required by Applicable Law.
8.4.6 Failed Payments. If Stripe reports your Subscription as past_due, unpaid, canceled, or otherwise not in an active or trialing status, we treat the Subscription as inactive and may pause matching, auto-apply, and other paid features until payment succeeds or you restore the Subscription.
8.4.7 Billing Email. Stripe customer records and billing notices use your Google-verified account email, not the job-application email on your profile, unless no account email is on file.
9. Privacy; Data Security
9.1 Privacy. We care about your privacy. To provide and enhance the Service, we may need to be able to identify you and your interests, and we use your personal data to do this. By using the Service, you acknowledge that we may collect, use, and disclose your personal information and aggregated and/or anonymized data as set forth in our Privacy Notice, and that your personal information may be transferred to, and/or processed in, the United States.
9.2 Security. We implement technical and organizational measures described in the Privacy Notice, including a per-user vault data-encryption key wrapped with a system key. Those measures are not a guarantee. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or to use your data for improper purposes. You acknowledge that you provide your data at your own risk. In particular: (i) equal-opportunity and demographic answers are stored in plaintext on your user profile, not in the vault; (ii) each queued application carries a plaintext snapshot of profile data in our application database; (iii) iMessage is not end-to-end encrypted from a product perspective — we generate, store, reset, and may text Workday passwords and one-time codes; (iv) if you install the local desktop agent, Workday passwords leave our servers and are typed on your machine. We do not claim that we never see your Workday password.
10. Messaging and Communications
10.1 Program and Channel. The consumer-facing program name is KleoKlaw. The Service is delivered primarily through Apple iMessage via SendBlue. We do not use A2P 10DLC carrier SMS registration. Delivery is not guaranteed. Device, Apple, or SendBlue outages have caused and can cause lost or delayed messages. Message and data rates may apply if a message falls back to SMS. Passwords, one-time codes, and equal-opportunity answers will appear in your iMessage history and may appear on a lock screen.
10.2 Consent to Messages. By providing a telephone number and using the Service, you consent to receiving variable-frequency iMessages from us, or on our behalf, at that number. Frequency is not a fixed monthly cap; volume follows matches, gap questions, and account events. You consent to transactional messages that are a condition of the Service: onboarding, job matches, gap questions, one-time-code asks, Workday notices (including password handoff), submit confirmations, billing, and account support. You also consent to proactive Service messages (for example match alerts) unless you reply STOP. Consent to promotional or marketing messages is not a condition of purchase. If we send promotional messages, you may opt out of those while still receiving transactional apply-flow messages until you STOP or close the account.
10.3 Promotional Messages. We may offer you the chance to receive promotional messages about Kleo Labs Inc products and services. You may opt out of promotional messages at any time by replying STOP or UNSUBSCRIBE to a message from us, or by contacting founders@kleoklaw.com. You may receive one (1) final confirmation message after opting out.
10.4 Help. For help with messaging, reply HELP to a message from us or contact founders@kleoklaw.com.
10.5 STOP, CANCEL, and DELETE Are Different. Reply STOP, STOPALL, UNSUBSCRIBE, QUIT, or END to stop outbound proactive product messages. STOP does not cancel your Stripe Subscription and does not delete your User Account or data. To cancel billing, text CANCEL; we will send a link to the cancellation page (Stripe Customer Portal or equivalent). Cancellation takes effect at period end as described in Section 8.4.3. To delete your account and data, email founders@kleoklaw.com as described in Section 20.7 and the Privacy Notice. After STOP, we may still send a reply if you text us (including START to re-enable proactive messages). STOP during onboarding is recorded as an opt-out of proactive messages on that path.
10.6 Quiet Hours. Default quiet hours are 10:00 p.m. to 8:00 a.m. in America/Los_Angeles unless your settings use another timezone. Quiet hours delay proactive sends (matches, some gap asks, submit confirmations). They do not delay replies to messages you send us.
11. Job Search and Application Automation
11.1 Limited Agency. You appoint Kleo Labs Inc as your limited agent and attorney-in-fact, solely to the extent needed to operate the Service, to: (a) search and score job postings; (b) create candidate accounts at employers, including Greenhouse and Workday tenant accounts; (c) sign in with credentials KleoKlaw generates, stores, resets, or that you supply; (d) fill and submit job applications, including clicking submit; (e) upload your original and/or tailored résumé; (f) answer screening questions from your saved profile and from SMS answers you give us; (g) tick employer privacy-notice and terms-acknowledgement checkboxes as described in Section 11.7; (h) decline optional marketing consents; (i) refuse binding agreements (including arbitration, class-action waiver, intellectual-property assignment, and non-compete) until you answer over iMessage; (j) retrieve verification emails from a forwarding address or a dedicated IMAP inbox you connect, not from your unrelated personal mail; (k) use plus-addressed email variants (for example user+tenant@gmail.com) that may expose an employer tenant name in email headers; and (l) run a local desktop agent on your computer if you install one, including sending job data and Workday passwords to that software so it can type credentials and click submit. You may revoke this authorization by disabling Workday, disabling auto-apply, cancelling an in-flight application before submit, or requesting account deletion.
11.2 Authorized Representations. You authorize statements we make on forms as if you typed them yourself, including your name, contact information, work authorization, visa or sponsorship answers, salary expectations, equal-opportunity or self-identification answers, "I certify this is true" attestations, and work-authorization or "U.S. person" / export-control eligibility answers derived from your saved citizenship and authorization profile. A "yes" (or equivalent acceptance) you send over iMessage to a gap question is your acceptance of the proposed answer, including employer terms presented in that question.
11.3 Accuracy; Fraud. You are solely responsible for the accuracy of your profile, résumé, SMS answers, and every application submitted on your behalf, including tailored résumés. False statements on applications can be fraud against the employer. You will not use the Service to misrepresent identity, work authorization, immigration status, criminal history, degrees, or other material facts.
11.4 Stopping Rather Than Guessing. We may stop, skip, or fail an application rather than guess, including for gap questions, binding agreements, missing résumé, CAPTCHA, dead or closed postings, or fields we cannot map. We may tick "No," decline, or skip rather than invent an answer; that can cost you a posting. We do not warrant that forms are filled correctly. If you need to inspect applications before they go out, keep manual review enabled.
11.5 Workday Candidate Accounts. Applying on Workday requires a per-tenant candidate account. Workday auto-apply is on by default; you may opt out (for example by texting WORKDAY OFF) and we will skip Workday postings for auto-apply. If Workday remains on, we create those accounts or reset the password on Workday candidate accounts used to apply for you, including accounts you already have at that email. We reuse the same managed password across Workday tenants. You may choose your own by texting "set my workday password". We do not take over your email account or any non-Workday account. After a reset, we text you the password. The local Pass-3 desktop agent receives that Workday password from our servers and types it on your machine. These facts match the Workday notice we text before touching a Workday account; that notice is a disclosure, not a separate consent gate, unless you opt out.
11.6 Auto-Apply versus Review. Manual review is on by default (manual_review_enabled). Auto-apply is off by default (auto_apply_enabled). If you turn auto-apply on and turn manual review off, we may submit strong matches without per-job approval. A non-exhaustive list of large employers (including certain $100B+ companies, major banks, and private-equity names) overrides that toggle: those applications still pause for review even if auto-apply is on. You may set a minimum match score (default 60), a daily application cap (default 10), quiet hours, and a company blacklist. Matching uses automated scoring; enqueue at or above your minimum score can proceed without a human reviewing the match. You may cancel an in-flight application by text until we click submit; after submit, KleoKlaw cannot un-file it. We will not re-apply to the same job unless you ask (force_reapply). Jobs on Lever, Ashby, and other ATS platforms are matched and sent as links; we do not submit them today.
11.7 Employer Terms and Privacy Checkboxes. Every submission binds you to that employer's terms, privacy notice, arbitration clauses, background-check consents, and certifications to the extent the employer imposes them. On submit, KleoKlaw may tick boxes whose labels look like ordinary privacy or terms acknowledgements (including labels containing acknowledge, privacy, consent, or gdpr). That can bind you to the employer's privacy notice, not ours. We do not auto-accept: arbitration; class-action waiver; intellectual-property assignment; non-competes; optional marketing; or consent to processing of sensitive demographic survey data. Those are texted as gap questions. We also refuse-and-ask for FCRA-style "ability to pass a background check" and criminal-history fact questions, and for ADA / essential-functions capability questions, rather than auto-answering "Yes" for everyone. Willingness to undergo a lawful background or drug screen may be auto-affirmed as an application commitment. Salary-history fields are not stored on your profile and are not auto-filled; salary expectations may be filled from your saved range. Employers may reject automated applications. We do not warrant that an application is undetectable as automated, and we do not claim employers will not know.
11.8 Résumé Tailoring. By default, KleoKlaw rewrites the résumé per posting onto a one-page template using a large language model. You may turn tailoring off, in which case the uploaded file is sent unchanged. A tailored résumé remains your document; you are responsible for it. We apply an internal allowlist intended to reduce fabricated employers, titles, and numbers, and we may fall back to your uploaded file if a rewrite fails that check. We do not warrant that tailoring is undetectable, complete, or limited to truthful résumé facts.
11.9 Mailbox Access. If you forward verification mail or connect IMAP on a dedicated job-application inbox, we read those messages to retrieve one-time codes and activation or password-reset links. IMAP on that dedicated account is full mailbox access to that account, not your unrelated personal mail. A shared KleoKlaw inbox may receive mail for many applicants, filtered by recipient; that is a residual mixing risk. We do not use Gmail or mailbox data for advertising.
11.10 Local Desktop Agent. Submitting an application (Pass 3) may require software you install on your computer. That agent receives order payloads and, for Workday, the candidate password, and uses your machine to type credentials and click submit. You can uninstall the agent; uninstalling does not by itself cancel billing or delete your account.
11.11 No Guarantees; Not an Employment Agency. Kleo Labs Inc does not guarantee interviews, offers, or employment. We are not a recruiter, staffing agency, employer, or legal, immigration, or career advisor. Matching is automated and can miss or over-include jobs. A posting can close between match and submit. We do not verify the accuracy of job listings or employer legitimacy.
11.12 Third-Party Platforms and ATS. Employer and ATS platforms have their own terms and privacy policies. When an application is submitted, the employer or ATS becomes an independent controller of the application data. We do not control employer hiring decisions, form availability, or data retention on third-party platforms. You accept the risk of account restrictions or bans. Applications may use your real email or a plus-addressed or proxy address. Submitted applications persist at the employer after your KleoKlaw account is closed and cannot be recalled by us. You can recover access to employer accounts through each platform's password-reset flows where the account used your email. We are not responsible for orphaned ATS credentials or inboxes after account deletion.
11.13 Operational Limits. We do not create fake identities or accounts using fabricated personal information, and we do not offer tools intended to circumvent security controls on third-party sites. Some applications require you to complete a step manually (such as CAPTCHA, multi-factor authentication, custom employer questions, or credentials you have not provided). If we cannot complete a step, we may pause and text you; some failures may be reported as unsuccessful without completing submission. You must not use the Service to spam-apply or apply to roles for which you are ineligible.
11.14 Prohibited Use. Without limiting Section 2.2, you will not use the Service to submit applications containing misrepresentations, to apply on behalf of others without authority, or with fabricated credentials. You will comply with applicable Third-Party Services' terms when we act on your behalf. You acknowledge that some platforms prohibit accounts created through third-party services or automated submissions; you accept the risk that those platforms may restrict or terminate accounts created or used through the Service. You will not use the Service to send SHAFT content (sex, hate, alcohol, firearms, tobacco) or other content prohibited by Apple or SendBlue acceptable-use rules.
11.15 Operational Logs. We may keep operational logs of submission attempts (job URLs, timestamps, filled-form state, change logs, and screenshots of filled forms, which may include name, address, and equal-opportunity fields) for debugging, support, and fraud prevention. Ops alerts by email or SMS may include user or job identifiers when something breaks. Retention is described in the Privacy Notice.
12. Additional Terms for Apps
12.1 General. If and when we make mobile applications available, the following terms apply. To use any App, you must have a mobile device that is compatible with such App. Kleo Labs Inc does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider in connection with such App. You understand and acknowledge that you are solely responsible for any such charges. We hereby grant you a non-exclusive, limited, non-transferable, and freely revocable license to use a compiled code copy of the App(s) under your User Account on one (1) or more mobile devices owned or controlled solely by you (except to the extent the applicable App store platform permits any shared access and/or use of the App), solely in accordance with these Terms. The foregoing license grant is not a sale of any App or of any copy thereof. You may not: (a) modify, disassemble, decompile, or reverse engineer any App, except to the extent that such restriction is expressly prohibited by Applicable Law; (b) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer any App to any third party, or use any App to provide time sharing or similar services for any third party; (c) make any copies of any App; (d) remove, circumvent, disable, damage, or otherwise interfere with security-related features of any App, features that prevent or restrict use or copying of any content accessible through any App, or features that enforce limitations on use of the Apps; or (e) delete the copyright or other proprietary rights notices on any App. You acknowledge that we may, from time to time, issue upgraded versions of the Apps, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and you understand and acknowledge that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated into an App is covered by the applicable open source or third-party license, if any, authorizing use of such code. We or our third-party partners or suppliers retain all right, title, and interest in and to the Apps (and any copies thereof). Any attempt by you to transfer or delegate any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
12.2 iOS App. This Section 12.2 (iOS App) applies to any App you acquire from the Apple App Store (such App, "iOS App"). You and Kleo Labs Inc understand and acknowledge that these Terms are solely between you and Kleo Labs Inc, not Apple, Inc. ("Apple"), and that Apple has no responsibility for the iOS App or content thereof. Your access to and use of the iOS App must comply with the usage rules set forth in Apple's then-current Apple Media Services Terms and Conditions and with the applicable Volume Content Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms and any law applicable to Kleo Labs Inc as provider of the iOS App. You and Kleo Labs Inc acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the iOS App, or your possession and use of that iOS App, infringes that third party's intellectual property rights, Kleo Labs Inc, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms. You and Kleo Labs Inc acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as relates to your license of the iOS App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the iOS App against you as a third-party beneficiary thereof.
12.3 Android App. The following applies to any App you acquire from the Google Play Store (such App, "Android App"): (a) you acknowledge that these Terms are between you and Kleo Labs Inc only, and not Google LLC or any affiliate thereof (collectively, "Google"); (b) your access to and use of the Android App must comply with Google's then-current Google Play Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Android App; (d) Kleo Labs Inc, and not Google, is solely responsible for the Android App; (e) Google has no obligation or liability to you with respect to the Android App or these Terms; and (f) you understand and acknowledge that Google is a third-party beneficiary to these Terms as they relate to the Android App.
13. Release
You hereby release us from all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses, in each case of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including any other User) in connection with the Service. In addition, you waive any Applicable Law that says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASED PARTY."
14. Indemnity
You will defend, indemnify, and hold us and our subsidiaries and affiliates, and our and their respective agents, suppliers, licensors, employees, contractors, officers, and directors (collectively, including Kleo Labs Inc, the "Kleo Labs Inc Indemnitees") harmless from and against any and all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, legal fees) arising from: (a) your access to and/or use of the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including, without limitation, any privacy right or intellectual property right; (d) your violation of any Applicable Law; (e) User Content or any content that is submitted via your User Account, including applications and application materials submitted on your behalf; (f) your willful misconduct; (g) any third party's access to and/or use of the Service with your authentication credential(s); (h) claims by employers, recruiters, or ATS platforms relating to applications submitted on your behalf; (i) misrepresentation or inaccuracy in application content (including AI-generated content you approved or authorized for submission, and including false work-authorization, visa, citizenship, criminal-history, or degree facts); (j) your violation of third-party platform terms in connection with applications; or (k) your breach of Section 11.
15. No Warranty; Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE INTELLECTUAL PROPERTY, AND ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NONE OF THE KLEO LABS INC INDEMNITEES WARRANTS THAT ANY CONTENT OR ANY OTHER INFORMATION CONTAINED IN, OR AVAILABLE VIA, THE SERVICE IS ACCURATE, COMPREHENSIVE, RELIABLE, USEFUL, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS SO OBTAINED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR MOBILE DEVICE(S) AND/OR FOR LOSS OF DATA THAT RESULTS FROM SAME OR FROM YOUR ACCESS TO AND/OR USE OF THE SERVICE. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW.
Further, Kleo Labs Inc does not warrant, endorse, guarantee, recommend, or assume responsibility for any product or service advertised or offered by any third party through the service or any hyperlinked website or service, and Kleo Labs Inc will not be a party to, or in any way monitor, any transaction between you and third-party providers of products or services. Without limiting the foregoing: we do not warrant interviews, offers, or employment; we do not warrant that matching will include every suitable job or exclude every unsuitable job; we do not warrant that a posting will remain open until submit; we do not warrant correct form fills; we do not warrant undetectable automation; and we do not warrant iMessage delivery.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY KLEO LABS INC INDEMNITEE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY PORTION THEREOF. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE OR YOUR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
UNLESS EXPRESSLY STATED OTHERWISE HEREIN, IN NO EVENT WILL ANY KLEO LABS INC INDEMNITEE BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS RUNNING THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (G) YOUR DATA, ANY USER CONTENT, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
17. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
17.1 Governing Law. These Terms will be governed by the laws of the State of California, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law governing these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (as it may be amended, "FAA") governs the interpretation and enforcement of the Arbitration Agreement below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by Applicable Law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the U.S. state where you live (if applicable) or the jurisdiction mutually agreed upon in writing by you and us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Confidential Information, or intellectual property rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that California is the proper and exclusive forum for any appeals of an arbitration award, or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable. These Terms were drafted in the English language and this English language version of the Terms is the original, governing instrument of the understanding between you and us. In the event of any conflict between the English version of these Terms and any translation, the English version will prevail.
17.2 Arbitration Agreement
17.2.1 General. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (i) these Terms; (ii) access to or use of the Service, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Service; or (iv) any other aspect of your relationship or transactions with us as a User or consumer (each, a "Claim," and, collectively, "Claims"). This Arbitration Agreement is only about disputes with Kleo Labs Inc under these Terms. It is separate from any employer arbitration, class waiver, or similar clause we refuse to auto-tick on an application form (Section 11.7). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.
17.2.2 Opting Out of Arbitration Agreement. If you are a new User, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at founders@kleoklaw.com with your full, legal name and stating your intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.
17.2.3 Dispute-Resolution Process. For any Claim, you will first contact us at founders@kleoklaw.com and attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the "Arbitrator"), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the "Rules"), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the U.S. county where you live (if applicable) or Santa Clara County, California, unless you and Kleo Labs Inc agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys' fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.
17.2.4 Equitable Relief. NOTHING IN THIS ARBITRATION AGREEMENT WILL BE DEEMED AS: PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, CONFIDENTIAL INFORMATION, OR INTELLECTUAL PROPERTY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN A SMALL CLAIMS COURT, PROVIDED THAT YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.
17.2.5 Severability. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties' ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.
17.3 Class Action/Jury Trial Waiver. BY ENTERING INTO THESE TERMS, YOU AND KLEO LABS INC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATURAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S OR ENTITY'S CLAIMS. YOU AND KLEO LABS INC AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS.
18. U.S. Government Restricted Rights
To the extent the Service is being used by or on behalf of the U.S. Government, the Service will be deemed commercial computer software or commercial computer software documentation (as applicable). Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Service as are granted to all other Users hereunder, in accordance with 48 C.F.R. §227.7202 and 48 C.F.R. §12.212, as applicable.
19. Export Controls
You will comply with applicable U.S. export control and sanctions laws. You represent that you are not located in, or a national or resident of, any country or territory subject to comprehensive U.S. trade sanctions, and are not listed on any U.S. government restricted-party list.
20. General Provisions
20.1 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
20.2 Notification Procedures and Changes to these Terms. We may provide notifications, including of material changes to these Terms, by iMessage, by email to your account email, by posting at kleoklaw.com/terms, or any combination of those methods, as we determine in our sole discretion. We may modify or update these Terms from time to time, and you should review this page periodically. These Terms apply to and govern your access to and use of the Service effective as of the start of your access to the Service, even if such access began before publication of these Terms. Your continued use of the Service after any change to these Terms constitutes your acceptance of the new Terms of Service. If you do not agree to any part of these Terms or to any future Terms of Service, do not access or use (or continue to access or use) the Service.
20.3 Entire Agreement; Severability. These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, will constitute the entire agreement between you and us concerning the Service. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
20.4 No Waiver. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
20.5 California Residents. The provider of the Service is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
20.6 Contact. If you have any questions about these Terms and/or the Service, please contact us at founders@kleoklaw.com or by mail at Kleo Labs Inc, 15633 NE 173rd St, Woodinville, WA 98072, United States.
20.7 Account Deletion versus Billing Cancel versus STOP. Texting STOP stops proactive outbound product messages only. Texting CANCEL starts cancellation of your Stripe Subscription and does not by itself delete data. To delete your User Account, email founders@kleoklaw.com. Deletion removes your profile, preferences, settings, vault credentials (the per-user vault key is zeroized), matches, conversation history we store, application-queue rows, and résumé objects under your user prefix from our active systems, on a best-effort basis as described in the Privacy Notice. Deletion does not retract applications already submitted to employers, does not erase employer or ATS copies, and may leave residual copies in backups, logs, payment-processor records, messaging-provider records, large-language-model provider logs, and a shared verification mailbox. We do not currently offer an automated file export of your data; you may request access as described in the Privacy Notice.