Terms of Service

1. Introduction and Acceptance

Welcome to JobBlueLink ("JobBlueLink," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you (referenced herein as "you," "your," "User," or "Customer") and JobBlueLink governing your access to and use of our website, mobile applications (the "App"), and related services (collectively, the "Services").

By creating an account, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

If you are accessing the Services on behalf of a company or other legal entity (a "Customer" or "Employer"), you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity.

2. Definitions

• "User" or "Job Seeker": An individual searching for employment, uploading a resume, or using the Services to apply for jobs.
• "Customer" or "Employer": An individual or entity accessing the Services to post job advertisements, search for candidates, or manage hiring processes.
• "AI Features" refers to any feature on the platform powered by artificial intelligence, machine learning, or generative algorithms, including but not limited to AI Profile Boosting, AI Portrait Reshaping, JD Creator, and AI Matching.
• "User Content" refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials submitted, posted, or displayed by you on or through the Services.

3. Eligibility and Account Security

3.1 Age Restriction

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you meet this age requirement. Due to the collection of biometric data and precise geolocation, the Services are strictly prohibited for use by individuals under 18.

3.2 Identity Verification

To maintain the integrity of our marketplace and ensure the safety of our Users, JobBlueLink reserves the right, but constitutes no obligation, to verify your identity. You authorize JobBlueLink, directly or through third-party service providers, to make any inquiries we consider necessary to validate your identity. Failure to provide such information upon request constitutes a breach of these Terms and may result in the immediate suspension or termination of your Account.

3.3 Account Security

To access certain features, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify JobBlueLink immediately of any unauthorized use of your account.

4. Services for Job Seekers (AI & Features)

4.1 Resumes, Profiles and Visibility

By creating a public profile or uploading a resume, you authorize JobBlueLink to make your User Content available to third parties, including Employers and our matching algorithms. You acknowledge that we may parse your resume into different formats to facilitate job matching. Once your resume has been accessed or downloaded by a third party, JobBlueLink has no control over the retention, use, or dissemination of that copy.

4.2 AI-Powered Profile Boosting and Matching

JobBlueLink offers "Profile Boosting" tools powered by Large Language Models (LLM) to assist you in rewriting resumes and profiles.

• No Guarantee: You acknowledge that AI technologies are probabilistic and may generate incorrect, misleading, or "hallucinated" content. You are solely responsible for reviewing, verifying, and editing all AI-generated content for accuracy and truthfulness before using it.
• Accuracy: While AI Profile Boosting aims to improve your visibility, you are solely responsible for reviewing and verifying any AI-generated text or modifications to your profile to ensure accuracy and truthfulness before publishing.
• Ownership: As between you and JobBlueLink, you own the specific output generated for you by the AI Features, provided you have complied with these Terms. You grant JobBlueLink a license to use this content to improve our models.

4.3 AI Portrait Reshaping and Video Introductions (Biometric Data)

This section applies to your use of the "AI Portrait Reshaping" and any other features that process facial imagery. By using these features, you acknowledge that they may involve the collection, analysis, and storage of data that may be considered "Biometric Identifiers" or "Biometric Information" under laws such as the Illinois Biometric Information Privacy Act (BIPA) or the Texas Capture or Use of Biometric Identifier Act (CUBI).

• Consent to Collect: By uploading a photograph for AI processing, you explicitly consent to JobBlueLink and its third-party service providers collecting, capturing, and processing your facial geometry for the sole purpose of generating your stylized portrait or verifying your identity.
• Retention: We will retain your Biometric Data only as long as necessary to perform the requested service or for up to three (3) years from your last interaction, whichever is shorter, after which it will be permanently destroyed.
• Deepfake Prohibition: You are strictly prohibited from using the Services to create images or videos of any person other than yourself without their express written consent. You may not use the Services to generate deceptive media ("deepfakes") or sexually explicit content. Violation will result in immediate permanent suspension and reporting to law enforcement.

4.4 GPS Job Matching and Attendance Verification

The App uses your device's location services to show you job opportunities in your immediate vicinity.

• Authorization: By enabling location services, you authorize JobBlueLink to collect your precise location data.
• Control: You may disable location services at any time in your device settings, though this will disable the "Near Me" job search functionality.
• Background Tracking: You acknowledge that to function properly, the App may collect location data even when the App is closed or not in use, but only while you are in a "Clocked In" or "On Shift" status.
• Revocation: You may revoke location permissions at any time through your device settings; however, doing so may prevent you from using the Attendance features.

4.5 Salary Estimations

JobBlueLink may provide estimated salary ranges for Job Listings based on historical data and third-party sources. Estimated Salaries are approximations and are not provided by the Employer unless explicitly stated. They do not represent a guarantee of compensation. JobBlueLink disclaims any liability for discrepancies between Estimated Salaries and the actual compensation offered.

5. Services for Employers

5.1 Job Postings and Compliance

You are solely responsible for the content of your job postings ("Job Ads"). You represent and warrant that your Job Ads comply with all applicable laws, including but not limited to the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and all applicable state and local laws regarding anti-discrimination, wage transparency, and fair hiring practices.

5.2 AI Job Description (JD) Creation

• Human Review Required: This content is generated by artificial intelligence. You acknowledge that AI can make errors ("hallucinations"). You agree to review, edit, and verify all AI-generated Job Ads for accuracy and legal compliance before posting.
• Ownership: As between you and JobBlueLink, you own the final content of the Job Ad you post, subject to our license to display it.

5.3 AI Applicant Matching and Automated Decisions

• Human-in-the-Loop: You agree that JobBlueLink's AI tools are decision-support tools only. You remain the sole decision-maker in the hiring process.
• Bias Audits: If you are in a jurisdiction requiring bias audits for Automated Employment Decision Tools (AEDT), you are responsible for ensuring your use of our tools complies with local notice and audit requirements.
• Indemnification: You agree to indemnify JobBlueLink against any claims, damages, or fines arising from your use of AI Matching tools in a discriminatory manner or in violation of AEDT regulations.

5.4 GPS Attendance Verification

You may use our location verification feature solely to confirm a new hire's attendance on their first day or for interview attendance verification. You agree not to use this feature for continuous surveillance, stalking, or any unlawful purpose. You represent that you have obtained any necessary consents from the employee required by local labor laws.

5.5 One-Time Payments and Boosts Services

JobBlueLink may offer one-time paid features (e.g., "Urgent Hiring" posts or "Post Boosts"). Fees for one-time services are due immediately upon order. One-time payments are non-refundable once the service has been delivered, regardless of whether the post results in a hire.

6. Community and Communication

6.1 Community Guidelines

JobBlueLink provides community features (chat, forums) for Users to discuss job-related topics. You agree not to use these features to:

• Harass, abuse, defame, or threaten others.
• Post illegal, obscene, or hate speech content.
• Solicit Users to leave JobBlueLink to circumvent our fees.

6.2 Content Moderation

JobBlueLink has the right, but not the obligation, to monitor, screen, edit, or remove any User Content at our sole discretion. We reserve the right to suspend or ban Users who violate these Community Guidelines.

6.3 SMS and Text Messaging (TCPA)

By providing your mobile number, you provide express written consent to receive automated job alerts and account notifications from JobBlueLink. You can cancel SMS services at any time by texting "STOP" to the shortcode provided. Message and data rates may apply. Message frequency varies based on your activity and preferences.

7. Mobile Application Terms

7.1 License

Subject to these Terms, JobBlueLink grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Application ("App") on a compatible mobile device.

7.2 Location Data Transparency

The App may request access to your device's location services, including "Background Location." We collect background location data only to enable the "Attendance Verification" feature. You can enable or disable this access in your device settings.

7.3 Apple-Specific Terms

If you download the App from the Apple App Store, you acknowledge that: (a) These Terms are between you and JobBlueLink, not Apple; (b) Apple has no obligation to furnish any maintenance or support services for the App; (c) Apple is a third-party beneficiary of these Terms and has the right to enforce them against you.

8. Payments and Subscriptions

8.1 Subscriptions

Certain Services are offered on a subscription basis ("Subscription"). You agree to pay the fees associated with your chosen plan.

8.2 Automatic Renewal

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE UNLESS YOU CANCEL IT. BY SUBSCRIBING, YOU AUTHORIZE JOBBLUELINK TO CHARGE YOUR PAYMENT METHOD FOR THE RENEWAL TERM AT THE THEN-CURRENT RATE.

8.3 Cancellation

You may cancel your Subscription at any time through your Account Settings or by contacting support. Cancellation will be effective at the end of your current billing period. Except as required by law, paid Subscription fees are non-refundable.

8.4 California Cancellation Rights

If you are a resident of California, you may cancel your Subscription at any time and may be entitled to a pro-rated refund if you cancel within the first three (3) days of the initial purchase.

9. Intellectual Property Rights

9.1 Your Content

You retain ownership of the User Content you post. However, you grant JobBlueLink a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your content in connection with the Services.

9.2 JobBlueLink IP

Except for User Content, all rights, title, and interest in the Services, including our software, AI algorithms, look and feel, and trademarks, are the exclusive property of JobBlueLink or its licensors and are protected by copyright, trademark, and other intellectual property laws.

9.3 Feedback

If you provide suggestions or feedback regarding the Services, you agree that JobBlueLink may use such feedback without any obligation or compensation to you.

10. Disclaimers

• Employment: We do not guarantee that Job Seekers will find a job or that Employers will find a qualified candidate.
• AI Features: We do not guarantee that AI-generated content (resumes, JDs, portraits) is accurate, unique, or error-free. You use AI features at your own risk.
• Location Data: We do not guarantee the accuracy or availability of GPS data or location services.

11. Limitation of Liability

12. Indemnification

You agree to defend, indemnify, and hold harmless JobBlueLink from and against any claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including copyright, property, or privacy rights (specifically including claims related to BIPA or GPS tracking consents).

13. Dispute Resolution and Arbitration

13.1 Binding Arbitration

Any dispute arising from these Terms or your use of the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.

13.2 Class Action Waiver

YOU AND JOBBLUELINK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.3 Arbitration Rules

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (for Users) or Commercial Arbitration Rules (for Customers). The arbitration will be conducted in the county where you reside or at another mutually agreed location.

13.4 Opt-Out

You have the right to opt-out of this Arbitration Agreement by sending written notice to JobBlueLink Legal Department within 30 days of creating your account.

14. Prohibited Activities

You agree not to:

• Use any automated means (robots, spiders, scrapers) to access the Services or collect data without our express written permission.
• Reverse engineer, decompile, or attempt to derive the source code of the Services or our AI models.
• Post false, misleading, or fraudulent content, including fake job postings or resumes.
• Harass, stalk, or harm another User.
• Create an account for anyone other than yourself.

15. General Provisions

• Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions will remain in full force and effect.
• Modifications: We may revise these Terms from time to time. The most current version will always be on this page. If the revision is material, we will notify you via email or through the Services.
• Contact: If you have any questions about these Terms, please contact us at legal@jobbluelink.com.