1. Acceptance of Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and CareerBrains, Inc. (“CareerBrains,” “we,” “our,” or “us”) governing your access to and use of the CareerBrains platform, website, mobile applications, and related services (collectively, the “Platform”).
By registering for an account, clicking “I agree,” or otherwise accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are using the Platform on behalf of an organisation, you represent and warrant that you are authorised to bind that organisation to these Terms.
2. Eligibility
To use the Platform, you must:
- Be at least 18 years of age (or the age of legal majority in your jurisdiction, if higher).
- Have the legal capacity to enter into binding contracts.
- Not be prohibited from using the Platform under applicable law.
- Not have had a previous account terminated by CareerBrains for cause.
The Platform is not directed to persons under 18.
3. Account Registration & Security
3.1 Registration
To access most features, you must create an account with accurate, current, and complete information. You may register as a “Candidate” (job seeker) or a “Recruiter” (employer). Platform staff roles are assigned internally and not available through public registration.
3.2 Account Security
You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at legal@CareerBrains.com if you suspect unauthorised access.
3.3 One Account per Person
Each user may maintain only one Candidate account and one Recruiter account. Duplicate accounts to circumvent usage limits or suspensions are a material breach of these Terms.
4. Subscriptions, Payment & Free Tier
4.1 Free Tier
CareerBrains offers a free tier with limited AI feature usage. Free tier limits are defined on the Pricing page and may change with 30 days’ notice.
4.2 Paid Subscriptions
Paid plans are billed monthly or annually on a recurring basis until cancelled.
- Subscription fees are non-refundable except as stated in our Refund Policy.
- Prices are exclusive of applicable taxes (VAT, GST, sales tax).
- Payment failures trigger up to three retries over seven days before paid features are suspended.
- Cancellation takes effect at the end of the current billing period.
4.3 Price Changes
We will give at least 30 days’ advance written notice of price increases. Continued use after the effective date constitutes acceptance.
4.4 EU Consumer Rights
EU and UK consumers’ statutory rights regarding the right of withdrawal for digital services are addressed in our Refund Policy.
5. AI-Generated Content
5.1 Nature of AI Outputs
The Platform uses large language models (including OpenAI GPT-4o) to generate content such as resume analyses, match scores, cover letters, interview prep guides, and career roadmaps (collectively, “AI Outputs”).
AI Outputs are generated probabilistically and may contain errors, inaccuracies, or outdated information. AI Outputs are for informational purposes only and do not constitute professional career counselling, legal advice, or any other form of professional advice.
5.2 No Guarantee of Employment
CareerBrains does not guarantee that using our platform will result in job interviews, offers, or employment. Match scores and recommendations are estimates.
5.3 Your Responsibility for AI Outputs
You are solely responsible for reviewing, validating, and deciding whether to use any AI Output. Do not submit AI-generated content to employers without reviewing it for accuracy and truthfulness.
5.4 Ownership of AI Outputs
AI Outputs generated from your personal resume data are provided for your personal use. CareerBrains retains no ownership interest in such outputs but may use aggregate, de-identified AI usage data to improve the platform.
6. Intellectual Property
6.1 CareerBrains IP
The Platform and all associated intellectual property are owned by or licensed to CareerBrains, Inc. You may not copy, modify, distribute, sell, or sublicense any part of the Platform without our prior written consent.
6.2 Your Data
You retain all ownership rights in your resume files, profile data, and other uploaded content. By uploading, you grant CareerBrains a non-exclusive, worldwide, royalty-free licence to store, process, and transmit your data solely to provide the Platform’s services to you.
6.3 Feedback
You grant us an irrevocable, royalty-free, perpetual, worldwide licence to use any Feedback you provide for any purpose without compensation.
6.4 DMCA
To submit a DMCA copyright infringement notice, email legal@CareerBrains.com with the information required under 17 U.S.C. § 512(c)(3).
7. User Content & Conduct Standards
All content you submit must be accurate, non-infringing, free of malware, lawful, and non-defamatory. Recruiters must post only genuine employment opportunities; fraudulent or discriminatory postings result in immediate account termination.
8. Prohibited Conduct
You must not:
- Reverse-engineer, decompile, or disassemble any part of the Platform.
- Use automated bots or scrapers to access the Platform at scale.
- Circumvent rate limits, access controls, or account restrictions.
- Upload malware or other harmful software.
- Impersonate another person or entity.
- Use the Platform to send unsolicited commercial communications.
- Attempt unauthorised access to any account, server, or network.
- Resell or sublicense Platform access without written authorisation.
- Use AI Outputs to mislead employers about your qualifications or identity.
- Violate any applicable local, national, or international law or regulation.
9. Disclaimers of Warranties
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CareerBrains SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. IN NO EVENT SHALL CareerBrains’S AGGREGATE LIABILITY EXCEED THE GREATER OF (A) AMOUNTS PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) USD $100.
EU/UK mandatory consumer protections and statutory rights are not excluded by this limitation.
11. Indemnification
You agree to defend, indemnify, and hold harmless CareerBrains and its officers, directors, employees, and agents from claims, liabilities, damages, and costs (including reasonable attorneys’ fees) arising from: (a) your violation of these Terms; (b) your User Data; (c) your use of the Platform; (d) your violation of any third party’s rights; or (e) your violation of any applicable law.
12. Governing Law & Jurisdiction
12.1 US Users
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law provisions.
12.2 EU / UK Users
EU and UK consumers also benefit from mandatory provisions of their country of residence. EU consumers may use the ODR platform at ec.europa.eu/consumers/odr for dispute resolution.
13. Dispute Resolution
13.1 Informal Resolution
Before any formal action, contact us at legal@CareerBrains.com with a written description of the dispute. Both parties will attempt informal resolution for at least 30 days.
13.2 Binding Arbitration (US Users)
Unresolved disputes will be settled by binding individual arbitration administered by the AAA under its Consumer Arbitration Rules.
Class action waiver: EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY — NOT AS A CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
Either party may seek injunctive relief in court to protect IP rights or confidential information.
13.3 Small Claims
You may bring an individual claim in small claims court in your jurisdiction instead of arbitration, if the claim qualifies.
14. Termination
14.1 Termination by You
You may delete your account at any time via Account Settings. Survival provisions (Sections 6, 9, 10, 11, 13, 15) remain in effect after termination.
14.2 Termination by CareerBrains
We may suspend or terminate your account immediately, without prior notice, if you materially breach these Terms, if required by law, if we discontinue the Platform, or if your account has been inactive for more than 24 months.
14.3 Effect of Termination
Upon termination, your access ceases and we will delete or anonymise your data as described in our Privacy Policy, subject to legal retention obligations.
15. General Provisions
- Entire Agreement. These Terms, together with the Privacy Policy, Cookies Policy, Refund Policy, and Delivery Policy, constitute the entire agreement between you and CareerBrains regarding the Platform.
- Severability. If any provision is found unenforceable, it shall be modified to the minimum extent necessary; remaining provisions continue in full force.
- No Waiver. Our failure to enforce any right does not constitute a waiver of that right.
- Assignment. You may not assign your rights without our written consent. We may assign these Terms freely in connection with a corporate transaction.
- Force Majeure. We are not liable for failures caused by circumstances beyond our reasonable control.
- Notices. Legal notices to CareerBrains: legal@CareerBrains.com. We may send notices to your registered email address.
- Updates to Terms. Material changes will be notified via email and/or a platform banner at least 30 days before they take effect.
- Language. These Terms are drafted in English. In conflicts between language versions, the English version governs.