Terms of use Updated: April 20, 2024 Effective: May 20, 2024 Thank you for using winjob.ai! These Terms of Use apply to your use of winjob, along with any associated software applications and websites (all together, “Services”). These Terms form an agreement between you and DDAY TECHNOLOGY INC., a Vancouver company, and they include important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms. We are not currently open to all users worldwide. Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read. Who we are DDAY TECHNOLOGY INC. is a technology company with the mission: 'to make life easier by tech'. Winjob is one of our products, which aims to ensure that AI (artificial intelligence) benefits job seekers. For more information about winjob, please visit https://winjob.ai/about. Registration and access Minimum age. You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian's permission to use the Services. Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf. Using our Services What you can do. Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws, and any other documentation, guidelines, or policies we make available to you. What you cannot do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not: Use our Services in a way that infringes, misappropriates or violates anyone's rights. Modify, copy, lease, sell or distribute any of our Services. Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law). Automatically or programmatically extract data or Output (defined below). Represent that Output was human-generated when it was not. Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services. Use Output to develop models that compete with DDAY TECHNOLOGY INC. Software. Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you're using the latest version. Our software may include open source software that is governed by its own licenses that we've made available to you. Third party Services. Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them. Feedback. We appreciate your feedback, and you agree that we may use it without restriction or compensation to you. Content Your content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services. Third party API. Our Services utilize the OpenAI API to generate Output based on your Input. By using our Services, you acknowledge and agree that: The Output is generated through the OpenAI API and is dependent on the functionalities and limitations of the OpenAI technology. You must comply with OpenAI’s terms and conditions in your use of our Services. It is your responsibility to review and adhere to OpenAI’s terms, which can be found at OpenAI’s terms of service page. We are not responsible for any disruptions or changes in the OpenAI API that may affect the Output of our Services. By submitting Input or using Output from our Services, you confirm your acceptance of these terms and any applicable third-party terms. Ownership of content. As between you and DDAY TECHNOLOGY INC., and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output. Similarity of content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users' output or any Third Party Output. Our use of content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe. Opt out. If you do not want us to use your Content to train our models, you can opt out by send an email to office@winjob.ai. Please note that in some cases this may limit the ability of our Services to better address your specific use case. Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts. When you use our Services you understand and agree: Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice. You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services. You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them. Our Services may provide incomplete, incorrect, or offensive Output that does not represent our views. If Output references any third party products or services, it doesn't mean the third party endorses or is affiliated with us. Our IP rights We and our affiliates own all rights, title, and interest in and to the Services. You may only use our name and logo in accordance with our Brand Guidelines. Paid accounts Billing. If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You're responsible for all applicable taxes, and we'll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received. Cancellation. You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights. Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days' notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase. Termination and suspension Termination. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine: You breached these Terms or our usage policies. We must do so to comply with the law. Your use of our Services could cause risk or harm to us, our users, or anyone else. We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice. Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by email. Discontinuation of Services We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services. Disclaimer of warranties OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. Limitation of liability NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence. DDAY TECHNOLOGY INC.'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION. Indemnity If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys' fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms. Dispute Resolution (a) Arbitration: Except as expressly set forth in this section and subject to subsection (c), all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms of Use, the Website or any related matters (collectively "Disputes" and each a "Dispute") will be referred to and finally resolved by binding arbitration administered by the British Columbia International Commercial Arbitration Centre (the "BCICAC") in accordance with its rules and these Terms of Use. There will be a single arbitrator, and the arbitration will be private and confidential. The arbitration will be held at Vancouver, British Columbia and the language used in the arbitration will be the English language. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement. Notwithstanding the foregoing, if the total amount of the award sought in an arbitration (not including legal fees and costs) is CDN$10,000 or less, then the arbitration will be subject to the BCICAC Shorter Rules of Procedure and, unless you and DDAY TECHNOLOGY INC. expressly agree in writing otherwise: (i) the arbitration will be conducted solely based upon written evidence (declarations or affidavits) and written arguments submitted by or on behalf of each of you and DDAY TECHNOLOGY INC.; and (ii) there will be not be any in-person hearing (including any hearing by teleconference, videoconference or web conference) of the parties, witnesses or legal counsel. Notwithstanding the foregoing, this section 21(a) does not apply to a Dispute based upon infringement, misappropriation or violation of intellectual property rights (including copyright and trademarks). (b) Court Litigation: If and to the extent, and for any reason, that a Dispute is not subject to arbitration as set forth in subsection (a), then subject to subsection (c) the Dispute will be resolved before the Supreme Court of British Columbia sitting in the City of Vancouver, and you and DDAY TECHNOLOGY INC. each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all of those Disputes, except that DDAY TECHNOLOGY INC. may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms of Use. (c) Informal Dispute Resolution: Before you commence arbitration or litigation regarding a Dispute: (i) you will give notice of the Dispute to office@winjob.ai and allow DDAY TECHNOLOGY INC. at least thirty (30) days to investigate and attempt to resolve the Dispute; and (ii) upon request by DDAY TECHNOLOGY INC. during the thirty (30) day period you will participate in good faith discussions regarding the Dispute with a view to resolving the dispute in a reasonable manner. (d) Temporary/Injunctive Relief: Notwithstanding that a Dispute is subject to arbitration under subsection (a): (i) you or DDAY TECHNOLOGY INC. may commence litigation in the Supreme Court of British Columbia sitting in the City of Vancouver seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo, and you and DDAY TECHNOLOGY INC. each hereby irrevocably submit and attorn to the non-exclusive jurisdiction of that court in respect of those matters; and (ii) DDAY TECHNOLOGY INC. may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms of Use. (e) NO JURY OR CLASS PROCEEDINGS: YOU AND DDAY TECHNOLOGY INC. EACH IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY OR TO COMMENCE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION OR LITIGATION. ANY ARBITRATION OR COURT LITIGATION REGARDING DISPUTES WILL BE BROUGHT BY YOU OR DDAY TECHNOLOGY INC. IN AN INDIVIDUAL CAPACITY, AND NOT AS PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE PROCEEDING. THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING WAIVER MIGHT NOT APPLY TO YOU. Copyright complaints If you believe that your intellectual property rights have been infringed, please send notice to office@winjob.ai. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate. Written claims concerning copyright infringement must include the following information: A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest A description of the copyrighted work that you claim has been infringed upon A description of where the allegedly infringing material is located on our site so we can find it Your address, telephone number, and e-mail address 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 A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf General Terms Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services. Changes to these Terms or our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to: Changes to the law or regulatory requirements. Security or safety reasons. Circumstances beyond our reasonable control. Changes we make in the usual course of developing our Services. To adapt to new technologies. We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services. Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms. Trade controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any Canada and U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export. Entire agreement. These Terms contain the entire agreement between you and DDAY TECHNOLOGY INC. regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and DDAY TECHNOLOGY INC. Governing law. Canada law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or provincial courts of British Columbia, Canada. Countries and regions not yet available: European Economic Area, Switzerland, and etc. Our Official Email Address: office@winjob.ai