Terms of Service
Please read these terms carefully before using Smart ATS Resume
Important Notice About AI Features
Smart ATS Resume uses artificial intelligence (AI) and machine learning technologies, including third-party AI services like OpenAI, to provide resume analysis, optimization, and content generation features. By using our Service, you acknowledge and agree that your resume data and content may be processed by AI systems. Please review Sections 6-8 carefully for complete details on AI usage.
Table of Contents
1. Acceptance of Terms
By accessing or using Smart ATS Resume ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Service.
These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Smart ATS Resume ("Company," "we," "us," or "our"). Your continued use of the Service constitutes acceptance of any updates or modifications to these Terms.
You must be at least 16 years of age to use this Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this agreement.
2. Description of Service
Smart ATS Resume provides an online platform for resume creation, optimization, and analysis, including but not limited to:
- AI-powered resume analysis and scoring against Applicant Tracking Systems (ATS)
- AI-generated suggestions for resume improvement and optimization
- Professional resume templates with customizable designs
- AI-powered bullet point generation for work experience
- Keyword analysis and optimization tools
- Resume building and editing capabilities
- Application tracking features (Premium)
- Export functionality in various formats
The Service may be updated, modified, or improved at any time without prior notice. We reserve the right to add, remove, or modify features as we see fit.
3. Account Registration
To access certain features of the Service, you must create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and accept all risks of unauthorized access
- Immediately notify us if you discover or suspect any security breaches
- Take responsibility for all activities that occur under your account
We reserve the right to suspend or terminate accounts that appear to be fraudulent, abusive, or in violation of these Terms.
4. User Responsibilities
As a user of the Service, you are responsible for:
- Ensuring that all information you provide in your resume is accurate and truthful
- Reviewing and verifying all AI-generated content before using it
- Not misrepresenting your qualifications, experience, or credentials
- Using the Service only for lawful purposes
- Not attempting to access accounts, systems, or data belonging to others
- Not interfering with or disrupting the Service or its infrastructure
Important: You are solely responsible for the accuracy of your resume content. AI-generated suggestions are tools to assist you, not replacements for your own judgment and verification. Misrepresentation on resumes may have legal consequences.
5. Subscription and Payments
5.1 Subscription Plans
Smart ATS Resume offers both free and premium subscription plans. Premium features include advanced AI analysis, unlimited resume storage, premium templates, and AI-powered content generation. Specific features and pricing are available on our pricing page.
5.2 Billing
Premium subscriptions are billed through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis according to your selected plan (monthly or annual).
5.3 Cancellation
You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to premium features until the end of your current billing period.
5.4 Refunds
Refund requests are handled on a case-by-case basis. Please contact our support team within 7 days of purchase for refund inquiries. We reserve the right to deny refunds for accounts that have significantly used premium features.
6. AI-Powered Features
AI Disclosure: This section details how artificial intelligence is used within our Service and your rights and responsibilities when using AI-powered features.
6.1 What Our AI Does
Our Service uses AI technology to:
- Analyze your resume against ATS (Applicant Tracking System) algorithms
- Generate improvement suggestions and optimization recommendations
- Create professional bullet points for work experience descriptions
- Provide keyword analysis and recommendations based on job descriptions
- Score your resume's effectiveness and provide actionable feedback
6.2 AI Limitations
You acknowledge and understand that:
- AI-generated content may not always be accurate, complete, or appropriate
- AI suggestions are recommendations only and require your review and judgment
- AI cannot guarantee job placement or interview success
- AI may occasionally produce content that requires correction or modification
- ATS scores are estimates and actual performance may vary by company
6.3 Your Responsibility
You are solely responsible for reviewing, editing, and approving all AI-generated content before using it in your resume or job applications. We strongly recommend verifying all facts, figures, and claims generated by our AI systems.
7. Third-Party AI Services
7.1 OpenAI Integration
Our Service utilizes OpenAI's API to power certain AI features. By using our AI-powered features, you acknowledge that:
- Your resume content may be transmitted to OpenAI's servers for processing
- OpenAI's usage policies apply to content processed by their systems
- We have no control over OpenAI's internal data handling processes
7.2 Third-Party Terms
Your use of AI features is also subject to OpenAI's terms of use and usage policies, available at https://openai.com/policies/terms-of-use. By using our AI features, you agree to comply with these third-party terms.
7.3 Data Transmission
When using AI features, the following data may be transmitted to third-party AI providers:
- Resume text content and formatting
- Job descriptions and titles you provide
- Work experience descriptions for bullet point generation
- Keywords and skills for analysis
Note: We do not transmit your personal contact information (name, email, phone, address) to AI services unless it is part of your resume content being analyzed.
8. AI-Generated Content Ownership
8.1 Your Rights
Subject to these Terms and applicable law, you retain rights to use AI-generated content created through our Service for your personal and professional use, including in your resume and job applications.
8.2 License to Us
By using our Service, you grant us a non-exclusive, worldwide, royalty-free license to:
- Process your content through AI systems for the purpose of providing our Service
- Store and cache AI-generated results to improve service performance
- Use anonymized, aggregated data to improve our AI models and services
8.3 No Guarantee of Originality
AI-generated content may be similar to content generated for other users or content available elsewhere. We do not guarantee that AI-generated content is unique or original. You are responsible for reviewing and customizing generated content for your specific use.
9. Data Processing Consent
By using our Service, particularly AI-powered features, you explicitly consent to the following data processing activities:
- Collection and storage of your resume data in our secure databases
- Transmission of resume content to AI services for analysis and generation
- Caching of AI analysis results for up to 30 days to improve performance
- Anonymized analysis of usage patterns to improve our Service
9.1 Data Retention
Your data is retained according to our data retention policy:
- Active Accounts: Resume data retained while your account is active
- AI Cache: AI analysis results cached for 30 days
- Inactive Accounts: Data may be deleted after 90 days of inactivity
- Account Deletion: All data permanently deleted within 30 days of request
9.2 Withdrawal of Consent
You may withdraw your consent to data processing by deleting your account or contacting our support team. Note that withdrawal may limit your ability to use certain features of the Service.
10. Intellectual Property Rights
10.1 Our Intellectual Property
The Service, including its original content, features, functionality, and design, is owned by Smart ATS Resume and is protected by international copyright, trademark, patent, and other intellectual property laws.
10.2 Your Content
You retain ownership of the original content you create and upload to our Service. By uploading content, you grant us the rights described in Section 8.2.
10.3 Template Licensing
Resume templates provided by our Service are licensed for your personal use only. You may not resell, redistribute, or sublicense our templates without express written permission.
11. Prohibited Uses
You agree not to use the Service to:
- Create fraudulent or misleading resumes with false credentials
- Violate any applicable laws or regulations
- Infringe upon the intellectual property rights of others
- Transmit malware, viruses, or other malicious code
- Attempt to gain unauthorized access to our systems or user accounts
- Use automated systems to extract data or content (scraping)
- Resell or redistribute our services without authorization
- Use the Service for any illegal or unauthorized purpose
- Abuse AI features by submitting harmful, offensive, or inappropriate content
- Attempt to bypass premium feature restrictions or usage limits
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We specifically disclaim:
- Any warranty that AI-generated content will be accurate, complete, or error-free
- Any guarantee of job placement, interviews, or career success
- Any warranty that ATS scores accurately predict real-world resume performance
- Any warranty of uninterrupted or error-free service availability
- Any warranty regarding the accuracy or reliability of third-party AI services
AI Disclaimer: AI-powered features are tools to assist you, not guarantees of outcomes. The effectiveness of AI suggestions depends on many factors beyond our control, including specific employer requirements, market conditions, and individual circumstances.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMART ATS RESUME SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Lost profits, revenue, data, or business opportunities
- Damages arising from reliance on AI-generated content
- Damages resulting from third-party AI service failures or errors
- Career outcomes or job application results
- Any damages exceeding the amount you paid us in the 12 months prior to the claim
Some jurisdictions do not allow limitations on implied warranties or liability, so some of these limitations may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless Smart ATS Resume and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of any third party
- Any content you submit or generate through the Service
- Any misrepresentation in your resume or job applications
15. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination:
- Your right to use the Service will immediately cease
- Any subscription fees already paid will not be refunded
- We may delete your data according to our data retention policy
- Provisions of these Terms that should survive termination will survive
You may terminate your account at any time by contacting us or using the account deletion feature in your settings.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in the United States. You waive any objection to venue in such courts.
17. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If we make material changes, we will notify you by:
- Posting the new Terms on this page with an updated date
- Sending an email notification to registered users
- Displaying a notice within the Service
Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.
18. Contact Information
If you have any questions about these Terms, please contact us:
Email: legal@smartatsresume.com
Website: smartatsresume.com
For privacy-related inquiries, please see our Privacy Policy.
Acknowledgment
By using Smart ATS Resume, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including the provisions regarding AI-powered features and third-party data processing.