Terms of Service

Welcome to our website. This website is maintained as a service to our customers. By using this website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this website.

  1. Agreement. These Terms of Service (the “Terms of Service“) specify the terms and conditions for access to and use of Jesica accessible at https://employer.jesica.ai/ (the “Site“) and describe the terms and conditions applicable to your access of and use of the Site. These Terms of Service may be modified, amended, and/or supplemented at any time by Jesica LLC, a Delaware limited liability company (“Jesica“) upon posting of the modified, amended, and/or supplemented Terms of Service on the Site. Any such modifications, amendments and/or supplements shall be effective immediately. You can view the most recent version of these Terms of Service at any time at Terms of Service – Jesica. Each use by you shall constitute and be deemed your unconditional acceptance of these Terms of Service.
  2. Accessing the Site and Account Security. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Site or the entire Site.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Service and comply with them.
  1. Privacy. Your visit to our Site is also governed by our Privacy Policy. Please review our Privacy Policy at https://jesica.ai/privacy-policy-2/.
  2. Ownership. You acknowledge and agree that the Services (as defined in Section 5 below) provided by this Site and any necessary software used in connection with any Service (“Software“) contain proprietary and confidential information that is the property of Jesica and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information (if any) presented to you through any Service or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Jesica or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part.
  3. Purpose and Intended Audience. This Site, among others, is a provider of recruiter software services and uses the latest AI models to screen a large number of potential candidates for employment purposes with significant accuracy which helps to scale your hiring without expanding your HR team (the “Services“).  The Services shall be detailed and implemented through one or more separately executed invoice(s) (each an “Invoice“, and collectively the “Invoice“). All Invoices must reference and incorporate these Terms of Service. This Site is intended for 18+ years old adults only. This Site is not intended for any person under the age of 18.
  4. Delivery and Acceptance. Jesica will make the Services available to you as indicated on the Invoice. The Services will be deemed accepted upon the full execution of the applicable Invoice. Any updates, bug fixes, or upgrades (“Corrections“) to the Site will be deemed accepted by you on the day such Corrections are first made available to you or accessed by you, whichever is earlier.     
  5. Service Availability. Jesica will use commercially reasonable efforts to make the Services available to you and your end users 24/7, with the exception of scheduled downtime and any other factors beyond Jesica’s reasonable control. Jesica will provide you with at least seventy-two (72) hours advance notice of any scheduled downtime via email message to an address designated by you along with a method of procedure and any impact proposed during the maintenance window.
  6. Intellectual Property Rights. The (a) Services, (b) Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), (c) any comments, feedback, information and/or suggestions from you in relation to the Services (collectively, “Feedback“) and (d) the Jesica name, logo, trademarks and product names associated with the Services (collectively, the “Jesica Property“) are owned by Jesica, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly set forth herein, you acquire no rights in the Jesica Property. You hereby assign to Jesica all right, title and interest in and to any Feedback (including without limitation, all intellectual property rights). During the Term (as defined in Section 22 below and the Invoice), you hereby grant to Jesica a non-exclusive, worldwide, royalty-free right and license to use, copy, access, process, reproduce, perform, display, modify, distribute and transmit Customer Data (as defined below) to provide the Services as described hereunder. Notwithstanding the foregoing, you hereby agree that Jesica may aggregate Customer Data and use such aggregated data to evaluate and improve the Services and otherwise to use it for its business purposes. Except for any rights specifically granted to Jesica in these Terms of Service, you do not transfer any other right, title, or interest in and to your intellectual property. “Customer Data” means all data, information and other materials submitted by you to Jesica and/or the Site.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

You must not:

  • Modify copies of any materials from this Site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: info@jesica.ai

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms of Service, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Jesica. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

  1. Trademarks. “Jesica” is either a trademark or a registered trademark of Jesica. Other product and company names mentioned on this Site may be trademarks of their respective owners.
  2. Site Use and Prohibitions. Upon the execution of an Invoice by you and Jesica and during the Term (as defined in Section 22 below and the Invoice), Jesica grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right and license to access and use this Site and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer decompile, decode, adapt, decrypt, disassemble, or in any way derive or gain access to source code from, in whole or in part or break into the Site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of Jesica and Jesica may terminate your use of this Site at any time without notice at Jesica’s sole discretion.

You further agree not to use the Site:

  • in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • transmit through or post on the Site unlawful, immoral, libelous, tortuous, infringing, defamatory, threatening, vulgar, or obscene material or material harmful to minors;
  • harass or interfere with another subscriber or end-user’s use and enjoyment of the Site;
  • to impersonate or attempt to impersonate Jesica, a Jesica employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
  • modify, translate, adapt, alter, or create derivative works from the Site;
  • distribute, publicly display, transmit, sell, rent, lease, lend, or otherwise exploit the Site;
  • assign, sublicense, publish, transfer, loan or otherwise make available or grant any third-party access to or use of the Site to any third party;
  • remove, delete, alter, or obscure any trademarks, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site, including any copy thereof;
  • access or use the Site for purposes of competitive analysis of the Site, the development, provision, or use of a competing software service or product or any other purpose that is to Jesica’s detriment or commercial disadvantage; or
  • engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Jesica or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, destroy, disrupt, disable, impair, or otherwise harm in any manner the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Harvest, collect, gather, or assemble information or data regarding other parties using the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in the Terms of Service, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working or disrupt the integrity or performance of the Site or the data contained therein.
  • Introduce any viruses or other harmful or deleterious computer codes, files, scripts, agents, or programs, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of or bypass or breach any security device or protection used by the Site, computer systems, or networks related to the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.
  1. Corrective Action and Notice. If you become aware of any actual or threatened activity prohibited by 10 above, you shall immediately: (a) take all reasonable and lawful measures within your respective control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Services and permanently erasing from your systems and destroying any data to which you have gained unauthorized access); and (b) notify Jesica of any such actual or threatened activity.
  2. Online Purchases and Other Terms and Conditions. Your use of this Site and the Services are governed by these Terms of Service and the applicable Invoice.
  3. Prices and Payment Terms.
  1. You are obliged to notify Jesica immediately of any offer of an Engagement which you make to the candidate;

    You are obliged to notify Jesica immediately that your offer of an Engagement to the Candidate has been accepted and to provide details of the Remuneration to Jesica; and;

    To pay the Jesica’s fee within 14 days of the date of invoice.

    No fee is incurred by the you until the Candidate commences the Engagement when Jesica will render an invoice to you for its fees.

    Jesica reserves the right to charge interest on invoiced amounts unpaid for more than 30 days at the maximum rate allowed by law.

    The fee payable to Jesica by you for an Introduction resulting in an Engagement is as follows:

    3% of the prorated annual salary
     
  1. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
  2. Indemnification.

You agree to defend, indemnify and hold harmless Jesica, its subsidiaries, affiliates, successors and assigns, and each of their officers, directors, agents, contractors, subcontractors and employees, against and from any and all third-party claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including without limitation, reasonable attorneys’ fees and expenses to the extent arising out of any third party claims) (collectively, “Claims“) in connection with Jesica’s use of any Customer Data as permitted hereunder.

You further agree to indemnify, defend, and hold Jesica and our partners, employees, subsidiaries, successors, assigns, and affiliates, and each of their officers, directors, agents, contractors, subcontractors and employees harmless from any Claims related to your violation of these Terms of Service, the Services, or use of the Site.

Jesica agrees to defend, indemnify, and hold harmless both you and your subsidiaries, affiliates, successors and assigns, and each of their officers, directors, agents, contractors, subcontractors and employees, against and from any and all Claims in connection with any allegation that the Services, or any intellectual property underlying the Services, infringes, violates, or misappropriates the intellectual property or other proprietary rights of any third party.

In connection with the indemnification obligations in these Terms of Service: (i) the indemnified party shall provide the indemnifying party with prompt written notice of any Claim, (ii) the indemnified party shall cooperate in all reasonable respects with the indemnifying party in connection with any Claim, (iii) the indemnifying party shall be given sole control over defense and settlement of any Claim, provided that the indemnified party may engage its own outside counsel (at its own expense) to participate in (but not interfere with) the defense of the Claim, and (iv) the indemnifying party shall not settle any Claim in a manner that requires an admission of fault by or on behalf of the indemnified party without its prior written approval.

  1. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. JESICA DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
  2. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL JESICA BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms of Service that directly conflict with such laws may not apply to you.

  1. Use of Information. Jesica reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
  2. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to us at info@jesica.ai:
  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  1. Applicable Law. You agree that the laws of the state of Delaware, without regard to conflicts of laws will govern these Terms of Service and any dispute that may arise between you and Jesica or its affiliates.
  2. Severability. If any provision of these Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect.
  3. Waiver. The failure of Jesica to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. Any waiver of these Terms of Service by Jesica must be in writing and signed by an authorized representative of Jesica.
  4. Term and Termination.

Term. These Terms of Service shall remain in effect so long as your Invoice is in effect. Unless otherwise specified in the Invoice, each Invoice shall begin on its start date and continue for a period specified in the Invoice (“Initial Term“). Unless otherwise specified in writing, each Invoice shall continuously and automatically renew for successive terms equal in duration to the Initial Term (each a “Renewal Term“, and together with the Initial Term, the “Term“) unless terminated earlier in accordance with the below paragraph. 

Termination. Each party to these Terms of Service may terminate any upcoming Renewal Term by giving to the other party a sixty (60) days prior written notice for any or no reason. Upon any termination of any upcoming Renewal Term, all licenses and other rights granted to either party hereunder shall terminate at the end of the current Initial or Renewal Term, except for your assignment of Feedback to Jesica, the rights granted to Jesica with respect to aggregate Customer Data and post-termination licenses expressly set forth in these Terms of Use or an applicable Order Form.

  1. Relationship of the Parties. Nothing contained in these Terms of Use or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
  2. Taxes. Services are provided exclusive of any sales, use or VAT taxes (collectively, “Taxes“) and you shall pay all Taxes. If Jesica is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Jesica with a timely and valid exemption certificate authorized by the applicable taxing authority.
  3. Confidentiality. During and after the Term, neither you nor Jesica shall use, copy, disclose or permit any person access to any Confidential Information (as defined below) of the other party, except as required in connection with its performance hereunder and as required by law, the receiving party will hold the other party’s Confidential Information in confidence and take reasonable precautions to protect it (including without limitation, all precaution the receiving party employs with respect to its own confidential materials). Confidential Information shall not include information that: (i) is or has become readily publicly available without restriction through no fault of the receiving party (including without limitation, its employees, agents and third party contractors); (ii) is received without restriction from a third party lawfully in possession of such information; (iii) was rightfully in the possession of the receiving party without restriction prior to its disclosure by the other party; or (iv) was independently developed by employees or consultants of the receiving party without use of or reference to such Confidential Information. “Confidential Information” means all business, technical and financial data or information of either party that is of value to such party or relates to the Services and is not generally known to third parties, including the contents of the Order Forms, Service terms, intellectual property rights, trade secrets, exhibits, schedules and other attachments. All Confidential Information shall be protected and safeguarded, whether or not marked, designed or otherwise identified as “confidential,” “proprietary,” or otherwise that should be understood by a reasonable person to be confidential in nature. Notwithstanding the foregoing, each party may disclose the other party’s Confidential Information if and to the extent that such disclosure is required by law, provided that the receiving party uses reasonable efforts to limit the disclosure to solely the extent required and provides the disclosing party a reasonable opportunity to review and to object to such disclosure.
  4. Publicity. Jesica may issue a press release using your trademarks (if any) and service name unless you submit a request to the contrary in writing.  In addition, Jesica may use your logo, trademarks, service marks and name on the Jesica website located at https://www.Jesica.ai/ and in other promotional and marketing materials. Jesica will follow your trademark, branding and/or marketing guidelines if supplied to Jesica prior to the use of such materials.
  5. Representations and Warranties. Each of you and Jesica represents and warrants that: (a) it has the unencumbered right to enter into these Terms of Use and the applicable Order Form(s) and it holds the rights necessary to perform its obligations and duties hereunder and thereunder; (b) it holds the rights, title and interest necessary to grant the licenses granted by it in these Terms of Use; and (c) it will operate in accordance with all laws, rules and regulations applicable to its provision or use of the Services, including without limitation, privacy policies and applicable privacy and data security laws and regulations related to the use, collection and dissemination of data. You represent and warrant to Jesica that you own all rights, title and interest in and to Customer Data, or that you have otherwise secured all necessary rights in such data as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms of Use.
  6. Entire Agreement. These Terms of Use and all Order Forms together constitute the entire agreement between you and Jesica and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Jesica with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site. Jesica may revise these Terms of Use at any time by updating these Terms of Use and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
  7. Notices. All notices hereunder shall be sent by certified or registered mail, overnight delivery, or personal delivery, or emailed to the address set forth in the applicable Order Form (including with a copy to the Jesica legal department at legal@Jesica.ai).  Such notices shall be deemed given on the date notice is received by recipient when delivered by mail or personal delivery, and the date sent when delivered by email.
  8. No Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, except in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms of Use and any applicable Order Form shall bind and inure to the benefit of each party, their respective successors and permitted assigns.
  9. Independent Contractor. The parties hereto are independent contractors and no joint venture, partnership, employment, or agency relationship exists between you and Jesica as a result of these Terms of Use and/or any applicable Order Form, or use of the Services.
  10. Force Majeure. The inability  of either party hereunder to perform any term or condition of these Terms of Use and/or any applicable Order Form as a result of conditions beyond its control, including but not limited to, acts of God, war, strikes, fires, floods, governmental restrictions, power failures, epidemics, pandemics or damage or destruction of any network facilities or servers, shall not be deemed a breach of these Terms of Use and/or any applicable Order Form.
  11. No Third-Party Beneficiaries. These Terms of Use and/or any applicable Order Form are solely by and for the benefit of the parties hereto, and may be enforced only by you, Jesica and their permitted successors and assigns. These Terms of Use and/or any applicable Order Form will not be deemed to create any rights in third parties or to create any obligations of a hereunder to any third parties.
  12. Survival. Upon termination of these Terms of Use and the applicable Order Form, both parties shall retain the right to any and all data provided to or accessed from the Services during the Term. Sections 1, 8, 12, 14, 15, 16, 19 – 22, 24, 25, 27, and 29 – 34 shall survive any termination or expiration of these Terms of Use and the applicable Order Form.
  13. Contact Information.

Jesica LLC

22621 Sweetmeadow Mission Viejo, CA 92692

info@jesica.ai 

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