Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and Imaginapps Pty Ltd, ABN pending, operating as Profiled (“we,” “us,” or “our”). By creating an account, accessing, or using the Profiled platform at profiled.careers (the “Service”), you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Service.

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email and update the “Effective” date above. Your continued use of the Service after such changes constitutes acceptance of the revised Terms.

2. Description of Service

Profiled is an AI-powered candidate platform that allows professionals (“Candidates”) to build queryable profiles and allows hiring managers, recruiters, and other visitors (“Visitors”) to interact with those profiles through AI-driven conversations and fit assessments. The Service includes:

• A profile builder for Candidates to create and manage their professional profiles, including public and private content.
• An AI chat interface that allows Visitors to ask questions about a Candidate’s professional background, skills, and experience.
• A fit assessment tool that allows Visitors to paste a job description and receive an honest evaluation of the Candidate’s suitability.
• Subscription tiers (Free, Pro, and Agency) with varying features and usage limits.

3. Account Registration and Security

To use certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration and keep it updated.
• Maintain the security of your account credentials and not share them with any third party.
• Be responsible for all activities that occur under your account.
• Notify us immediately of any unauthorised access to or use of your account.

You must be at least 16 years old to create an account. We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe pose a risk to the Service or other users.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Create profiles containing false, misleading, or fraudulent professional information.
• Impersonate another person or entity, or misrepresent your affiliation with a person or entity.
• Upload content that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable.
• Attempt to manipulate, circumvent, or abuse the AI system, including prompt injection attacks, attempts to extract system prompts, or attempts to generate harmful content.
• Scrape, crawl, or use automated means to extract data from the Service without our prior written consent.
• Interfere with or disrupt the Service, servers, or networks connected to the Service.
• Reverse-engineer, decompile, or disassemble any aspect of the Service.
• Use the Service to collect personal information about other users without their consent.
• Violate any applicable local, national, or international law or regulation.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including removing content, suspending accounts, and reporting to law enforcement.

5. User Content

“User Content” means any information, text, documents, images, or other materials that you upload, submit, or otherwise make available through the Service.

5.1 Ownership

You retain all ownership rights in your User Content. By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, and display your User Content solely for the purpose of operating, providing, and improving the Service. This licence terminates when you delete your content or account, subject to reasonable backup and caching periods (up to 90 days).

5.2 Responsibility

You are solely responsible for the accuracy, legality, and appropriateness of your User Content. You represent and warrant that you have all necessary rights to submit your User Content and that it does not violate any third party’s intellectual property rights, privacy rights, or any applicable law.

5.3 Content moderation

We reserve the right, but are not obligated, to review, monitor, and remove User Content at our discretion. We may suspend or remove profiles that violate these Terms, contain misleading information, or receive moderation flags.

6. AI-Generated Content

The Service uses artificial intelligence to generate conversational responses and fit assessments based on Candidate profile data. You acknowledge and agree that:

• No guarantee of accuracy: AI-generated content may contain inaccuracies, hallucinations, or errors. The AI’s output does not constitute professional advice, endorsement, or recommendation.
• Honest assessment design:the AI is designed to provide honest fit assessments, which may include identifying gaps, weaknesses, or mismatches between a Candidate’s profile and a job description. This is a feature, not a defect.
• Not a hiring decision: AI-generated fit assessments are informational only and should not be the sole basis for hiring decisions. Users are responsible for conducting their own due diligence.
• Private context synthesis: the AI synthesises private information provided by Candidates to generate richer, more contextual responses. The AI is instructed never to reproduce private content verbatim, but we cannot guarantee with absolute certainty that fragments of private context will never appear in AI output.

7. Subscription and Billing

Profiled offers both free and paid subscription tiers. If you subscribe to a paid tier:

• Recurring charges: subscriptions are billed on a recurring basis (monthly or annual) at the rate displayed at the time of purchase.
• Payment processing:all payments are processed by Stripe. By subscribing, you also agree to Stripe’s terms of service.
• Automatic renewal: subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
• Cancellation: you may cancel your subscription at any time through your dashboard settings. Cancellation takes effect at the end of the current billing period. No prorated refunds are issued for partial billing periods.
• Price changes:we may change subscription prices with 30 days’ notice. Existing subscribers will be notified by email and the new price will apply from the next billing cycle.
• Free tier: the free tier may be subject to usage limits (e.g., number of chat messages or fit assessments per month). These limits may be adjusted at our discretion.

8. Intellectual Property

The Service, including its design, code, features, documentation, branding, logos, and all related intellectual property, is owned by Imaginapps Pty Ltd and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for its intended purpose, subject to these Terms.

You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service or any part of it without our prior written consent.

9. Disclaimer of Warranties

The Service 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.

We do not warrant that the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that any content or data available through the Service (including AI-generated output) is accurate, reliable, or complete. We expressly disclaim all liability for actions taken or not taken based on AI-generated content.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Imaginapps Pty Ltd, its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with:

• Your use of or inability to use the Service.
• Any conduct or content of any third party on the Service, including other users’ profiles and AI-generated content.
• Unauthorised access to or alteration of your data.
• Any hiring or employment decisions made based on information or assessments provided by the Service.

Our total aggregate liability for all claims arising out of or relating to the Service shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) AUD 100.

11. Indemnification

You agree to indemnify, defend, and hold harmless Imaginapps Pty Ltd and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the Service, your User Content, or your violation of these Terms.

12. Termination

You may terminate your account at any time by deleting it through your dashboard settings. We may terminate or suspend your access to the Service immediately, without prior notice, if:

• You breach any provision of these Terms.
• We are required to do so by law or a valid legal order.
• Your continued access poses a risk to the Service, other users, or third parties.
• Your account has been inactive for more than 12 months.

Upon termination, your right to use the Service ceases immediately. We will delete your personal data in accordance with our Privacy Policy. Sections of these Terms that by their nature should survive termination (including Sections 5, 6, 8, 9, 10, 11, and 14) will survive.

13. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may submit the dispute to binding arbitration under the rules of the Australian Centre for International Commercial Arbitration (ACICA), with the seat of arbitration in Melbourne, Victoria, Australia. Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of laws principles. You consent to the exclusive jurisdiction of the courts located in Melbourne, Victoria, Australia for the resolution of any disputes not subject to arbitration.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Imaginapps Pty Ltd regarding your use of the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral.

17. Contact Us

If you have questions about these Terms, please contact us:

• Email: legal@profiled.careers
• Company: Imaginapps Pty Ltd
• Address: Melbourne, VIC, Australia