Last Updated: May 1, 2023
These Terms of Use (“Terms”) apply to the conversational experience on Xprtis as well as any other AI powered generative experiences on Xprtis (the “Conversational Experiences”) and the Xprtis Resume Creator (“Resume Creator”, and together with the Conversational Experiences, the “Online Services”). These Online Services are intended to delight, inspire, and enhance human creativity. By using any of the Online Services, you agree to the terms below.
- Eligibility and Use Requirements. To use the Online Services, you must have a current Xprtis account, and you must be a signed-in Xprtis. Your use of the Online Services is governed by these terms (this “Agreement”). You agree that the Online Services constitute a Service, as defined in the Xprtis Agreement. Your use of the Online Services is also subject to the Xprtis Privacy Policies, which describes our collection, use and disclosure of information relating to your use of the Online Services.
- Using the Online Services. Xprtis Resume Creator and Conversational Experiences both allow you to submit text inputs (“Prompts”). In the case of Xprtis Resume Creator, it may allow you to generate resume (“Resume Creations”) based on your Prompts. In the case of the Conversational Experiences, it may allow you to submit Prompts and converse with an online computer-powered chatbot and in certain circumstances generate text content (“Text Creations,” and together with Resume Creations, the “Creations”). Your use of the Online Services must comply with the Online Services Code of Conduct. By using the Online Services you are affirming that you have read the Terms of Use and Code of Conduct, understand it, and agree to abide by it.You must use the Online Services and the generated Creations only (i) in a lawful manner and in compliance with all applicable laws; (ii) in accordance with this Agreement, the Code of Conduct, Xprtis Services Agreement, or other Xprtis documentation directed to the Online Services; and (iii) in a manner that does not infringe or attempt to infringe, misappropriate or otherwise violate any of our rights or those of any other person or entity (for clarity, “manner” includes without limitation the method, purpose and/or means of causing or attempting to cause the Online Services to generate content).Due to the nature of the Online Services, Creations may not be unique across users and the Online Services may generate the same or similar output for Xprtis or other users. Other users may also ask similar questions and receive the same, similar or different responses.These Online Services, including machine to human conversational interactions, may include advertising.
- Service Availability. The Services, Resume Creator and Conversational Experiences, may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your Xprtis account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Xprtis is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content and Data that you store on the Services or store using Third-Party Apps and Services.
- Violations. Serious or repeated violations of the Code of Conduct may result in your suspension from whichever Online Services were involved in the violations or, potentially, all of the Online Services and other Services. You may appeal against your suspension from the applicable Service by submitting an appeal through the relevant Service user interface. We reserve the right to permanently suspend your use of the Online Services.
- Suspension and Cancellation. In addition, we reserve the right to suspend or discontinue offering or supporting all or part of any of the Online Services at any time and for any reason, to some or to all customers. Subject to the requirements of law, we may limit, suspend, or terminate your use of any of the Online Services at any time without notice and for any reason, including (without limitation) if you breach this Agreement (including by failing to comply with the Code of Conduct), if we suspect you are engaged in fraudulent or illegal activity, or if your Xprtis account is suspended or closed by us or by you.
- Use of Creations. Subject to your compliance with this Agreement, the Xprtis Services Agreement, and our Content Policy, you may use Creations outside of the Online Services for any legal personal, non-commercial purpose.
- Use of LinkedIn Profiles. When you use Xprt.is chrome extension to ask questions or seek information about a LinkedIn profile, you are giving Xprt.is permission to scrape that profile for the information you have requested. Xprt.is stores this information to provide most relevant chat conversation experience to you and other users.
- Ownership of Content. Xprtis does not claim ownership of Captions, Prompts, Creations, or any other content you provide, post, input, or submit to, or receive from, the Online Services (including feedback and suggestions). However, by using the Online Services, posting, uploading, inputting, providing or submitting content you are granting Xprtis, its affiliated companies and third party partners permission to use the Captions, Prompts, Creations, and related content in connection with the operation of its businesses (including, without limitation, all Xprtis Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the Captions, Prompts, Creations, and other content you provide; and the right to sublicense such rights to any supplier of the Online Services. No compensation will be paid with respect to the use of your content, as provided herein. Xprtis is under no obligation to post or use any content you may provide, and Xprtis may remove any content at any time in its sole discretion.You warrant and represent that you own or otherwise control all of the rights to your content as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content.
- No Guarantees; No Representations or Warranties; Indemnification by You. We plan to continue to develop and improve the Online Services, but we make no guarantees or promises about how the Online Services operate or that they will function as intended. The Online Services are for entertainment purposes; the Online Services are not error-free, may not work as expected and may generate incorrect information. You should not rely on the Online Services and you should not use the Online Services for advice of any kind. Your use of the Online Services is at your own risk. Xprtis does not make any warranty or representation of any kind that any material created by the Online Services does not infringe the rights of any third party in any subsequent use of the content you may use (including but not limited to copyright, trademark, rights of privacy and publicity, and defamation). You must use any content from the Online Services in accordance with applicable law and subject to any third-party rights. In addition, you agree to indemnify and hold harmless Xprtis, its affiliates, employees and any other agents from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Online Services, including your subsequent use of any content from the Online Services and your breach of these Terms, the Xprtis Services Agreement, the Code of Conduct or violation of applicable law.
- No Redeem Value for Free Services. Any free services that we may offer, such as usage credits, ebooks, or newsletters, do not have any redeem value.
- Binding Arbitration and Class Action Waiver If You Live In (or, If a Business, Your Principal Place of Business Is In) the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days, upon receipt of a Notice of Dispute, to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We,” “our,” and “us” includes Xprtis and Xprtis’s affiliates.
- Updates to the Services or Software, and Changes to These Terms. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your Xprtis account. There may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods, or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.
Code of Conduct
While the use of Xprtis Resume Creator and Xprtis conversational experiences (collectively, the “Online Services”), is governed by the Code of Conduct section, this document provides another level of explanation about how the Code of Conduct applies within these Online Services.
By using the Online Services you agree:
- Not to engage in activity that is harmful to you, the Online Services, or others. Do not attempt to create or share content that could be used to harass, bully, abuse, threaten, or intimidate other individuals, or otherwise cause harm to individuals, organizations, or society.
- Not to engage in activity that violates the privacy of others. Do not attempt to create or share content that could violate the privacy of others, including disclosure of private information (sometimes known as “doxing”).
- Not to engage in activity that is fraudulent, false, or misleading. Do not attempt to create or share content that could mislead or deceive others, including for example creation of disinformation, content enabling fraud, or deceptive impersonation.
- Not to infringe on the rights of others. Do not attempt to use the Online Services to infringe on others’ legal rights, including intellectual property rights.
- Not to use the service to create or share inappropriate content or material. Xprtis does not permit the use of the Online Services to create or share adult content, violence or gore, hateful content, terrorism and violent extremist content, glorification of violence, child sexual exploitation or abuse material, or content that is otherwise disturbing or offensive.
- Not to do anything illegal. Your use of the Online Services must comply with applicable laws.
Content and Moderation
The Online Services may block text prompts that violate the Code of Conduct, or that are likely to lead to creation material that violates the Code of Conduct. Generated text that violate the Code of Conduct may be removed. Abuse of the Online Services, such as repeated attempts to produce prohibited content or other violations of the Code of Conduct, may result in service or account suspension. Users can report problematic content via Feedback or the Report a Concern function.