Terms and Conditions

1. Agreement Overview

1.1 Parties

These Terms and Conditions ("Terms") constitute a contract between you ("you," "User") and Qualifyr Jobs LLC, a North Carolina limited liability company ("Qualifyr," "we," "us").

1.2 Acceptance

By accessing or using qualifyrjobs.com (the "Platform" or "Services"), creating an account, or clicking to accept, you agree to these Terms and our Privacy Statement. If acting on behalf of an organization, you represent authority to bind that entity.

1.3 Eligibility

You must be at least 18 years old, have legal capacity to contract, not be prohibited by law from using Services, and not have had your account previously terminated for Terms violation.

1.4 Modifications

We may modify these Terms at any time. Material changes will be notified via updated "Last Updated" date, email, or platform notice. Continued use constitutes acceptance.

2. Definitions

• "Account" — Your registered user account
• "Candidate" — Individual using Services to apply for jobs or complete challenges
• "Challenge" — Skill-based assessment created by Employer
• "Challenge Reward" — Monetary payment to Candidates achieving specified performance
• "Content" — Text, images, documents, code, or other materials
• "Employer" — Organization using Services to post jobs or evaluate Candidates
• "Scorecard" — AI-generated evaluation and feedback
• "Services" — All products and features offered through the Platform
• "Submission" — Content submitted by Candidate in response to Challenge
• "User Content" — Content created or uploaded by Users

3. Account Registration

3.1 Account Creation

To access certain features, you must create an Account. You agree to provide accurate information, maintain current information, keep credentials confidential, accept responsibility for all account activity, and notify us of unauthorized use.

3.2 Account Types

Candidate Accounts: For individuals seeking employment. Employer Accounts: For organizations posting jobs and evaluating candidates. You may maintain both types with separate, accurate registrations.

3.3 Security

You are responsible for credential security. Do not share passwords. We are not liable for losses from security failures on your part.

3.4 Verification

We may require identity or status verification. Failure to verify may result in restricted access or termination.

4. Services Description

4.1 Platform Overview

Qualifyr provides: job posting and discovery; challenge creation and submission tools; AI-powered evaluation and scoring; candidate and employer dashboards; communication tools; challenge reward processing; analytics and reporting.

4.2 Availability

We do not guarantee uninterrupted access. Services may be suspended for maintenance, updates, security, or circumstances beyond our control. We will endeavor to provide advance notice where practicable.

4.3 Modifications

We may add, modify, or discontinue features at any time. Reasonable notice will be provided before discontinuing material features, except where immediate action is necessary.

5. Candidate Terms

5.1 Profile Accuracy

All profile information (resume, work history, education, skills) must be accurate and truthful. Misrepresentation may result in termination and affect employment eligibility.

5.2 Submissions

You represent that your Submission is original work, not plagiarized, completed without unauthorized assistance, does not infringe third-party IP, and you understand AI-generated assistance may be detected.

5.3 Applications

When applying: profile and Submissions are shared with the Employer; AI-generated Scorecards assist Employer evaluation; Employers make all hiring decisions independently; Qualifyr does not guarantee employment.

5.4 Reward Eligibility

To qualify for Challenge Rewards: complete Challenge per requirements, achieve performance threshold, provide accurate payment/tax information, comply with Terms and laws.

5.5 No Employment Relationship

Platform use does not create employment with Qualifyr. Employment relationships are solely between you and Employers.

6. Employer Terms

6.1 Job Posting Requirements

All postings must represent bona fide opportunities with accurate descriptions. No misleading, fraudulent, or deceptive listings. Respond to qualified Candidates professionally.

6.3 Challenge Design

Challenges must be job-relevant with clear instructions and reasonable scope. Do not use Challenges to obtain free commercial work. Ensure non-discriminatory design.

6.4 Candidate Data

You are the data controller for Candidate data received. Use only for legitimate hiring purposes, comply with privacy laws, maintain security, do not sell or misuse data, delete or return upon request, execute DPAs where required.

6.5 Background Checks

You are solely responsible for FCRA and state law compliance, including obtaining consents and providing required notices.

6.6 Hiring Decisions

All decisions are made by Employers. Qualifyr provides AI-assisted tools but does not make recommendations or decisions. You are responsible for legal compliance.

7. Challenge Rewards

7.1 Program

Employers may offer monetary rewards to top-performing Candidates. Rewards are optional and set by Employers.

7.2 Structure

Employers specify amounts and thresholds. Qualifyr processes payments and charges a 20% platform fee covering AI scoring, payment processing, and tax compliance. Candidates receive stated amounts minus applicable taxes.

7.3 Tax Compliance

Candidates: Rewards are taxable income. Report on tax returns. We issue required tax forms (e.g., 1099). Provide accurate tax ID. Employers: Fund rewards in advance. We handle distribution and reporting.

7.4 Processing

Payments via Stripe, subject to their terms and minimum thresholds. Processing may take several business days.

7.5 Disputes

Report errors within 30 days. We review in good faith but are not responsible for Employer eligibility decisions.

8. Payment Terms

8.1 Fees

Employers may be charged subscription fees, platform fees on rewards (20%), and additional service fees. Pricing available on request; may be modified with 30 days' notice.

8.2 Subscriptions

Subscriptions auto-renew unless canceled 30 days before renewal. Renewal reminders sent 30 days before annual renewals. Fees are non-refundable except as required by law.

8.3 Taxes

Fees exclude taxes. You pay applicable sales, VAT, or similar taxes.

8.4 Late Payments

May incur 1.5% monthly interest (or legal maximum) and collection costs. May result in service suspension.

9. User Content

9.1 Ownership

You retain ownership of User Content. Qualifyr does not claim ownership.

9.2 License to Qualifyr

By submitting Content, you grant Qualifyr a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display Content for operating and providing Services, sharing with Employers, generating AI evaluations, and improving Services.

9.3 Representations

You warrant Content ownership or rights, non-infringement, compliance with Terms and laws, and absence of harmful code.

9.4 Removal

We may remove Content violating Terms or laws. We are not obligated to monitor but may do so.

9.5 Feedback

Feedback grants us unrestricted, perpetual, royalty-free license to use without compensation.

10. Intellectual Property

10.1 Qualifyr IP

The Platform (software, algorithms, designs, content) is owned by Qualifyr or licensors and protected by IP laws. You receive a limited, non-exclusive, revocable license to use Services per these Terms.

10.2 Restrictions

Do not copy, modify, or create derivative works; reverse engineer; remove proprietary notices; use trademarks without permission; build competitive products; or scrape data without authorization.

10.3 Trademarks

"Qualifyr" and related marks are our trademarks. Use requires written consent except for accurate service references.

10.4 DMCA

Send copyright notices to [email protected] with: identification of work; identification of infringing material; contact info; good faith statement; accuracy statement under penalty of perjury; signature.

11. AI and Automated Processing

11.1 Use of AI

Qualifyr uses Anthropic's Claude for Challenge evaluation and Scorecard generation. By using Services, you consent to this processing.

11.2 Nature

AI Scorecards are assistive tools, not replacements for human judgment. Hiring decisions are made by Employers.

11.3 Limitations

AI may contain errors. Scorecards should be considered with other factors. Accuracy is not guaranteed.

11.4 Transparency

Candidates may request human review of AI assessments. See Privacy Statement for details.

12. Acceptable Use

Prohibited Activities

Illegal/Harmful Conduct

• Violating laws or third-party rights
• Discriminatory job postings or hiring practices
• Harassment or threats
• Fraudulent or deceptive content
• Spam or unsolicited communications

Data Misuse

• Using Candidate data beyond hiring purposes
• Selling or sharing data without authorization
• Automated data collection without permission
• Accessing others' accounts or information

Platform Abuse

• Interfering with or disrupting Platform
• Unauthorized access attempts
• Introducing malware
• Circumventing security features
• Using unauthorized bots or scripts
• Reverse engineering

Content Violations

• False information in profiles or listings
• Impersonation
• IP infringement
• Offensive content
• Non-bona-fide job opportunities

Enforcement: We may remove Content, warn/suspend/terminate accounts, report to authorities, or pursue legal action.

13. Third-Party Services

Platform integrates with: Firebase (Google Cloud) — hosting, auth, database; Anthropic — AI technology; Stripe — payments; Resend — email. Use is subject to their terms. Links to third-party sites do not imply endorsement. Access at your own risk.

14. Disclaimers

No Employment Guarantee: We do not guarantee employment or hiring outcomes.

AI Disclaimer: AI Scorecards may contain errors or biases. Accuracy is not guaranteed.

User Content: We are not responsible for User Content accuracy, quality, or legality.

Third Parties: We are not responsible for third-party actions or content.

15. Limitation of Liability

Basis of Bargain: These limitations are essential to the agreement and reflected in pricing.

Jurisdictional Limits: Some jurisdictions prohibit certain exclusions. In such cases, liability is limited to the fullest extent permitted.

16. Indemnification

16.1 Your Obligations

You agree to indemnify and hold harmless Qualifyr from claims arising from: your use of Services; your User Content; your violation of Terms or laws; your violation of third-party rights; disputes with other Users.

16.2 Employer Indemnification

Employers additionally indemnify against: job postings, challenges, or hiring practices; discrimination, harassment, or wrongful termination claims; employment law violations (Title VII, ADA, ADEA, FCRA, etc.); misuse of Candidate data.

16.3 Process

We provide prompt notice. You may assume defense with acceptable counsel. We may participate at our expense. Settlements require our consent if they impose obligations on us.

17. Termination

17.1 By You

Terminate anytime via account settings or by contacting us.

17.2 By Qualifyr

We may suspend or terminate with or without cause, including for Terms violations, risk of harm or legal exposure, extended inactivity, or commercial non-viability. Reasonable notice where practicable.

17.3 Effect

Access ceases immediately. Account and Content may be deleted. Outstanding payments remain due. Sections on IP, Disclaimers, Liability, Indemnification, and Disputes survive.

17.4 Data Export

Employers may request data export within 30 days of termination. Data may be deleted thereafter.

18. Dispute Resolution

18.1 Governing Law

These Terms are governed by North Carolina law, without conflict of laws principles.

18.2 Informal Resolution

Before formal proceedings, contact [email protected] to attempt informal resolution within 60 days.

18.5 Exceptions

Either party may bring small claims actions or seek injunctive relief for IP infringement.

18.6 Opt-Out

Opt out within 30 days by written notice to [email protected] with name, address, email, and clear opt-out statement.

18.7 Forum

For non-arbitrable disputes, exclusive jurisdiction in state/federal courts of Wake County, NC.

19. General Provisions

19.1 Entire Agreement: These Terms, Privacy Statement, and referenced policies constitute the entire agreement.

19.2 Severability: Invalid provisions enforced to maximum extent; remainder unaffected.

19.3 Waiver: Non-enforcement is not waiver. Waivers must be written.

19.4 Assignment: You may not assign without consent. We may assign in connection with corporate transactions.

19.5 Notices: Via email to your Account address or platform posting. Your notices via Section 20 contact info.

19.6 Relationship: Independent contractors; no partnership, joint venture, or employment created.

19.7 Force Majeure: Not liable for failures from causes beyond reasonable control.

19.8 Export: Comply with export/import laws. Do not use in sanctioned countries or by restricted parties.

19.9 Headings: For convenience only; no legal effect.

19.10 Language: English version controls over translations.

20. Contact Information