TERMS OF USE

1. AGREEMENT TO TERMS

These Terms of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Elite Ad Operations, LLC d/b/a JumpYield (“Company,” “we,” “us,” or “our”), concerning your access to and use of the HiringCoach.ai website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms or documents may be posted on the Site from time to time and are hereby expressly incorporated by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms at any time for any reason. We will alert you about any changes by updating the “Last updated” date. Your continued use of the Site after such changes means that you accept and agree to the revisions.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are owned or controlled by us or licensed to us and are protected by copyright, trademark, and other intellectual property rights. You are granted a limited license to access the Site and use it solely for your personal, non-commercial use. Any unauthorized use of Content or Marks without our express written permission is prohibited.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms; (2) you are not a minor in your jurisdiction; (3) you will not access the Site through automated or non-human means (e.g., bots, scripts) unless specifically allowed; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site does not violate any applicable law or regulation.

If any information you provide is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse your continued use of the Site.

4. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. Prohibited activities include, but are not limited to:

• Systematically retrieving data or other content to create a collection, compilation, or database without written permission from us.
• Circumventing, disabling, or otherwise interfering with security-related features of the Site.
• Harassing, abusing, or harming another person using information obtained from the Site.
• Using the Site in a manner inconsistent with any applicable laws or regulations.
• Uploading or transmitting viruses, Trojan horses, or other harmful material.
• Engaging in unauthorized automated use of the Site (e.g., bots, scripts) unless specifically permitted.
• Attempting to impersonate another user or person, or using another user’s username.
• Interfering with, disrupting, or creating an undue burden on the Site’s networks or services.
• Using the Site as part of any effort to compete with us or otherwise exploiting the Site for a commercial purpose without authorization.

5. USER GENERATED CONTRIBUTIONS

The Site may allow you to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials, including but not limited to text, videos, audio, photographs, graphics, comments, suggestions, or personal information (collectively, “Contributions”). Contributions may be viewable by other users and through third-party websites. As such, any Contributions you transmit may be treated according to our Privacy Policy.

When you create or make available any Contributions, you represent and warrant that:

• You are the creator and owner of the Contributions or have the necessary licenses, rights, consents, and permissions to use and to authorize us and other users of the Site to use your Contributions.
• Your Contributions do not infringe any third party’s proprietary rights and are not obscene, harassing, defamatory, or otherwise objectionable.
• Your Contributions do not violate any applicable law, regulation, or rule.

6. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide, in accordance with our Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. We do not claim any ownership over your Contributions, and you retain full ownership of all of your Contributions.

7. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights to these Submissions and shall be entitled to unrestricted use and dissemination of these Submissions for any lawful purpose without acknowledgment or compensation to you.

8. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who violates the law or these Terms; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

9. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

We may terminate your use or participation in the Site or delete any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

10. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. We will not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime.

11. GOVERNING LAW

These Terms shall be governed by and defined following the laws of the State of California, without regard to conflicts of law principles. You agree that any dispute arising out of these Terms shall be subject to the exclusive jurisdiction of the courts located in San Francisco, California.

12. DISPUTE RESOLUTION

Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber. The seat of arbitration shall be San Francisco, California, United States, and the language of the proceedings shall be English. The governing law shall be the substantive law of the State of California, United States.

Restrictions: The parties agree that any arbitration shall be limited to the Dispute between the parties individually. There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures.

Exceptions: Any Dispute related to the enforcement or validity of our intellectual property rights, or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use, shall not be subject to arbitration. If any portion of this clause is found to be unenforceable, that portion shall be severed, and the remainder of this clause shall remain in effect.

13. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

14. DISCLAIMER

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES, PERSONAL INJURY OR PROPERTY DAMAGE, UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

15. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to (1) your use of the Site; (2) your breach of these Terms; (3) your violation of the rights of a third party; or (4) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

17. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of data.

AI Data Processing

In Short: Your data (including personal information) may be transmitted to a third-party AI provider as part of the core functionality of HiringCoach.ai. This processing is required for Services such as resume rewriting, cover-letter suggestions, or interview feedback. If you do not consent, you must discontinue use of the Site.

We disclaim all liability for outcomes or content produced by the AI provider. We do not guarantee that AI-generated content is accurate, complete, or fit for any particular purpose. You should carefully review any AI-generated output before using it for professional or personal applications.

18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

19. MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms. You agree that these Terms will not be construed against us by virtue of having drafted them.

20. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at [email protected].