# Terms of Service
These Terms of Service (“Terms”) are a legally binding agreement between you and Passionfruit AI LLC (“Passionfruit,” “we,” “us,” or “our”) governing your access to and use of Passionfruit websites, applications, browser extensions, mobile applications, APIs, integrations, software, and related services (collectively, the “Services”).
By creating an account, purchasing a Service, or otherwise using the Services, you agree to these Terms.
If you do not agree, do not use the Services.
## 1. Eligibility
You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services.
## 2. Passionfruit Services
Passionfruit provides software and technology services that may include tools for:
- job discovery and evaluation;
- career and application management;
- resume, CV, profile, and document management;
- job-application assistance and autofill;
- interview preparation;
- career analytics and recommendations;
- notifications and workflow management;
- artificial-intelligence-assisted features;
- integrations with third-party services;
- other functionality we may introduce.
Certain Services or features may be free, while others require payment.
Features may differ by product, platform, account, subscription, geography, or release stage.
Passionfruit currently intends the Services for users in the United States and does not currently market the Services outside the United States. If you access the Services from another location, information may be processed in the United States or other locations where our service providers operate.
## 3. Passionfruit Is an Assistance Platform
For job-seeker Services, Passionfruit provides tools to assist you with your own job search.
Unless expressly stated in a separate written agreement, Passionfruit is not your employer, recruiter, staffing agency, employment agency, career agent, or representative and does not represent any prospective employer.
Passionfruit does not make hiring decisions.
Job evaluations, scores, recommendations, predictions, suggested answers, and other outputs are informational tools and should not be interpreted as promises or determinations regarding employment.
## 4. Applications Remain Under Your Control
Passionfruit may assist you in identifying application fields, organizing information, suggesting content, or populating information into supported workflows.
**Passionfruit does not submit employment applications for you. You are expected to review and submit your applications yourself.**
You are responsible for reviewing information before submitting it and for determining whether it is truthful, accurate, appropriate, and complete.
Passionfruit does not automatically accept or agree to employer or third-party:
- terms and conditions;
- privacy policies;
- electronic-signature agreements;
- certifications;
- attestations;
- legal disclosures; or
- similar legally consequential declarations.
Those decisions remain yours.
Third-party accounts, credentials, account creation, and authentication remain under your control. Passionfruit does not assume ownership or independent control of your third-party accounts.
## 5. Your Responsibilities
You are responsible for:
- information submitted through your account;
- maintaining accurate account information;
- reviewing application materials before submission;
- truthfully representing your identity, qualifications, experience, education, employment history, eligibility, and other information;
- determining whether an opportunity is appropriate for you;
- protecting your account credentials;
- complying with applicable law; and
- complying with agreements that apply between you and third-party services you choose to use.
You remain responsible for legally consequential answers concerning matters such as work authorization, employment eligibility, background information, certifications, EEO information, and other declarations submitted in your name.
## 6. User Content
“User Content” means information, documents, files, text, responses, resumes, profiles, application materials, and other content that you provide to or through the Services.
As between you and Passionfruit, you retain ownership of your User Content.
You grant Passionfruit a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, modify as technically necessary, and otherwise use User Content to:
- provide the Services;
- perform actions you request;
- maintain and secure the Services;
- troubleshoot problems;
- comply with law; and
- exercise other rights expressly described in these Terms and our Privacy Policy.
This license continues only for as long as reasonably necessary for those purposes, subject to legitimate retention requirements described in our Privacy Policy.
You represent that you have the rights necessary to provide User Content to Passionfruit and permit us to process it as described in these Terms.
This license does not authorize Passionfruit to use identifiable private User Content to train a general-purpose model. Any such use would require a separate, affirmative opt-in as described in our Privacy Policy.
## 7. Artificial Intelligence
Some Services use artificial intelligence, machine learning, or third-party AI providers, including providers accessed through API or business accounts such as the Codex API and Antigravity API.
AI systems are probabilistic. Outputs may be inaccurate, incomplete, outdated, misleading, or inappropriate.
You are responsible for reviewing AI-assisted output before relying upon or submitting it.
You should not treat AI output from Passionfruit as legal, financial, immigration, tax, or other regulated professional advice.
Depending on the feature, information necessary to perform your request may be transmitted to a third-party AI provider. That information may include personal information, User Content, resume or profile information, job descriptions, application information, or other information relevant to the requested function.
Third-party AI providers' own terms, documentation, privacy policies, retention practices, monitoring practices, security practices, and deletion processes apply to information they process. Passionfruit does not control those practices. You should review the applicable provider documentation before using an AI-powered feature.
Passionfruit's handling of information for model development and training is described in our Privacy Policy.
## 8. Third-Party Services
The Services may interact with job boards, employers, applicant tracking systems, email providers, authentication services, AI providers, cloud services, and other third parties.
Third-party services are not controlled by Passionfruit and may change, restrict, suspend, or discontinue their services or interfaces at any time.
Your use of third-party services is governed by your agreements with those third parties.
Passionfruit is not responsible for:
- third-party availability;
- third-party content;
- job-posting accuracy;
- employer conduct;
- changes to third-party websites or APIs;
- decisions made by employers;
- third-party privacy or security practices; or
- third-party restrictions affecting Passionfruit functionality.
## 9. No Employment Guarantee
Passionfruit does not guarantee:
- that any job exists or remains available;
- that job-posting information is complete or accurate;
- application acceptance or delivery by a third party;
- employer responses;
- interviews;
- employment offers;
- compensation;
- employment;
- career outcomes; or
- any particular result from using the Services.
## 10. Accounts and Security
You are responsible for activity conducted through your account and for maintaining the confidentiality of your credentials.
You may not sell, transfer, or provide unauthorized access to your account.
Notify us promptly at **info@passionfruit.buzz** if you believe your account has been compromised.
We may implement authentication, verification, security, usage, and abuse-prevention measures.
## 11. Acceptable Use
You may not use the Services to:
- impersonate another person or organization;
- submit applications in another person's name without authorization;
- knowingly submit fraudulent or materially false qualifications or information;
- violate applicable law;
- infringe intellectual-property, privacy, publicity, or other rights;
- obtain unauthorized access to systems, accounts, or information;
- distribute malware or malicious code;
- interfere with or disrupt the Services;
- bypass or attempt to circumvent authentication, access controls, security controls, rate limits, CAPTCHAs, or similar technical safeguards;
- probe, scan, or test system vulnerabilities without authorization;
- reverse engineer the Services except where applicable law expressly permits it;
- use the Services to build or train a competing product through unauthorized extraction of Passionfruit software, proprietary data, or outputs;
- resell or commercially exploit the Services except as expressly authorized;
- use automation in a manner prohibited by applicable law or without necessary authorization; or
- facilitate unlawful, fraudulent, abusive, or deceptive activity.
We may investigate suspected violations and restrict, suspend, or terminate access when reasonably necessary to protect Passionfruit, users, third parties, or the integrity of the Services.
## 12. Fees, Subscriptions, and Payment
Some Services are offered without charge. Others may require payment.
Prices, billing periods, included features, renewal terms, and other commercial terms will be disclosed when you purchase a paid Service.
If you purchase a recurring subscription, you authorize Passionfruit and its payment provider to charge the applicable payment method according to the billing terms presented at purchase until you cancel.
You may cancel a subscription using the cancellation method made available for the applicable Service.
Unless otherwise required by law or expressly stated at purchase, amounts already paid are non-refundable.
We may change pricing prospectively. Pricing changes affecting an existing recurring subscription will be communicated before they take effect as required by applicable law.
## 13. Intellectual Property
Except for User Content and third-party materials, Passionfruit and its licensors own all rights, title, and interest in the Services, including software, source and object code, designs, interfaces, workflows, documentation, databases, trademarks, branding, and proprietary technology.
These Terms provide you only a limited, non-exclusive, non-transferable, revocable right to use the Services in accordance with these Terms.
No ownership rights in Passionfruit technology are transferred to you.
## 14. Feedback
If you provide ideas, suggestions, recommendations, or other feedback about the Services, you grant Passionfruit a perpetual, irrevocable, worldwide, royalty-free right to use, modify, commercialize, and otherwise exploit that feedback without restriction or compensation to you.
Feedback does not include User Content or other personal information submitted to obtain a feature. This provision does not give Passionfruit ownership of your User Content merely because it is processed through the Services.
## 15. Beta and Experimental Features
Some features may be identified as beta, preview, experimental, early-access, or similar.
Such features may be incomplete, contain errors, change materially, or be discontinued.
You use beta and experimental features at your own risk and should not rely on them for circumstances in which an error could cause material harm without independently reviewing the result.
## 16. Modification of the Services
We may add, modify, suspend, or discontinue features or Services.
We will use reasonable efforts to provide appropriate notice when a change materially affects a paid Service, but we do not guarantee that every feature or third-party integration will remain available indefinitely.
## 17. Suspension and Termination
You may stop using the Services at any time and may request account deletion as described in our Privacy Policy.
We may suspend or terminate access when reasonably necessary because of:
- a material violation of these Terms;
- fraud or suspected fraudulent activity;
- security threats;
- abuse of the Services;
- nonpayment;
- legal or regulatory requirements;
- risk of harm to Passionfruit, users, or third parties; or
- discontinuation of the applicable Service.
Where appropriate, we may provide notice and an opportunity to cure a violation before termination.
Sections that by their nature should survive termination—including intellectual-property, disclaimer, liability, and accrued-payment provisions—will survive.
## 18. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
PASSIONFRUIT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
PASSIONFRUIT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR ACCURATE OR THAT THIRD-PARTY SERVICES WILL REMAIN AVAILABLE OR COMPATIBLE.
Nothing in these Terms excludes warranties that cannot lawfully be excluded.
## 19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PASSIONFRUIT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR FOR LOST PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, EMPLOYMENT OPPORTUNITIES, OR GOODWILL ARISING FROM OR RELATING TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PASSIONFRUIT'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
**(A) THE AMOUNT YOU PAID PASSIONFRUIT FOR THE APPLICABLE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
(B) $100.**
These limitations apply regardless of the theory of liability and even if Passionfruit has been advised that damages are possible.
Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.
## 20. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Passionfruit and its affiliates, officers, directors, employees, contractors, and agents from third-party claims, liabilities, damages, and reasonable costs arising from:
- your unlawful use of the Services;
- fraudulent or intentionally false information submitted through your account;
- your infringement of another person's rights; or
- your material violation of these Terms.
This obligation does not apply to the extent a claim results from Passionfruit's own unlawful conduct, negligence, or willful misconduct.
## 21. Governing Law
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles, except to the extent federal law applies.
## 22. Changes to These Terms
We may update these Terms as the Services evolve.
If we make a material change, we will provide reasonable notice through the Services, by email, or through another appropriate method.
Where legally required, we will obtain renewed acceptance before materially changed Terms become binding.
Your continued use after non-material changes become effective constitutes acceptance of the revised Terms.
## 23. Privacy
Our Privacy Policy describes how Passionfruit collects, uses, and discloses personal information and is incorporated into these Terms by reference.
## 24. General Terms
If a provision of these Terms is determined to be unenforceable, the remaining provisions will remain effective to the extent permitted by law.
Our failure to enforce a provision is not a waiver of our right to do so later.
You may not assign these Terms without our consent. Passionfruit may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.
These Terms, together with the Privacy Policy and any applicable supplemental agreement, constitute the agreement between you and Passionfruit concerning the Services covered by them.
## 25. Contact
Questions about these Terms may be sent to:
**Passionfruit AI LLC**
**Email: info@passionfruit.buzz**
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