Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and innerTrack Inc. ("innerTrack," "Company," "we," "us," or "our") governing your access to and use of the innerTrack platform, including our website, applications, and all related services (collectively, the "Services").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.

2. Description of Services

innerTrack provides an AI-powered job application management platform that includes:

• AI-generated resume tailoring and optimization
• Automated LinkedIn and email outreach message generation
• Application tracking and pipeline management
• Contact management and follow-up scheduling
• ATS (Applicant Tracking System) scoring and analysis
• Resume editing and management tools

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of the Services, 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.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

3.3 Account Eligibility

You must be at least 16 years of age to use the Services. By using the Services, you represent and warrant that you meet this eligibility requirement.

4. User Obligations and Acceptable Use

4.1 Lawful Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not use the Services in any way that violates any applicable federal, state, local, or international law or regulation.

4.2 Prohibited Conduct

You agree NOT to:

• Use the Services to create fraudulent, misleading, or deceptive content in resumes or communications
• Impersonate any person or entity or misrepresent your affiliation with a person or entity
• Upload false, inaccurate, or misleading information about your qualifications or experience
• Use the Services to harass, spam, or send unsolicited communications
• Attempt to gain unauthorized access to the Services, other accounts, or computer systems
• Use automated means (bots, scrapers, etc.) to access the Services without our express written permission
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Remove, alter, or obscure any proprietary notices from the Services
• Use the Services in any manner that could disable, overburden, or impair the Services
• Resell, sublicense, or transfer your access to the Services without authorization

4.3 Content Accuracy

You are solely responsible for ensuring the accuracy and truthfulness of all information you provide, including resume content and professional qualifications. innerTrack is not responsible for verifying the accuracy of user-submitted content.

5. Intellectual Property Rights

5.1 innerTrack Property

The Services, including all content, features, functionality, software, and technology, are owned by innerTrack or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 User Content

You retain ownership of all content you submit, upload, or create through the Services ("User Content"). By using the Services, you grant innerTrack a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and process your User Content solely for the purpose of providing and improving the Services.

5.3 Generated Content

Content generated by our AI tools based on your inputs ("Generated Content") is provided for your personal or authorized business use. You may use Generated Content in your job applications and professional communications. innerTrack makes no claim of ownership over Generated Content derived from your User Content.

5.4 Feedback

Any feedback, suggestions, or ideas you provide regarding the Services become the exclusive property of innerTrack, and we may use such feedback without compensation or attribution.

6. Subscription Plans and Payments

6.1 Free and Paid Tiers

The Services are offered in free and paid subscription tiers. Free tier users receive limited access to features as described on our pricing page. Paid subscriptions provide additional features and usage limits.

6.2 Billing and Payment

Paid subscriptions are billed in advance on a weekly basis unless otherwise specified. You authorize us to charge your designated payment method for all applicable fees. All fees are non-refundable except as expressly set forth herein or as required by law.

6.3 Price Changes

We may change subscription prices at any time. Price changes will take effect at the start of your next billing period following notice of the change. Your continued use of the Services after the price change constitutes acceptance of the new price.

6.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period, and you will continue to have access to paid features until then.

7. Service Availability and Data Backup

7.1 Availability

While we strive to maintain high availability, we do not guarantee uninterrupted access to the Services. The Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

7.2 Data Backup Responsibility

While we implement reasonable backup procedures, you are responsible for maintaining independent backups of your important data. We recommend exporting and saving copies of your resumes and other critical content.

7.3 No Guarantees

innerTrack does not guarantee that use of the Services will result in job interviews, offers, or employment. The effectiveness of AI-generated content depends on many factors outside our control.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

INNERTRACK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content
• Any employment decisions or outcomes related to your use of the Services

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

INNERTRACK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Indemnification

You agree to indemnify, defend, and hold harmless innerTrack and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your User Content
• Your use of the Services
• Your violation of any rights of a third party
• Any false or misleading information in your resume or communications

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at legal@innertrack.com to attempt to resolve any dispute informally.

11.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall take place in San Francisco, California, unless otherwise agreed.

11.3 Class Action Waiver

YOU AND INNERTRACK 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.

11.4 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction for intellectual property infringement or unauthorized access to the Services.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the Services will immediately cease.

12.2 Termination by innerTrack

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

12.3 Effect of Termination

Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in San Francisco County, California.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and innerTrack regarding the Services and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

14.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.

16. Contact Information

For questions about these Terms of Service, please contact us: