Terms & Conditions

Effective Date: [EFFECTIVE DATE] [TODO: set effective date before go-live]
Last Updated: June 26, 2026

These Terms & Conditions ("Terms") are a legal agreement between you ("you," "your," or "User") and NH3 Jobs LLC ("NH3Jobs," "Company," "we," "us," or "our"), the operator of the website at nh3jobs.comand all related services (together, the "Platform" or "Service").

PLEASE READ THESE TERMS CAREFULLY. They include disclaimers of warranties, a limitation of our liability, your acknowledgment that our AI cannot bind us and that you must verify what it tells you, the terms of our free introductions and paid searches, and (in Section 20) an agreement to resolve disputes by individual arbitration with a class-action waiver. By agreeing, you accept all of them.

1. Acceptance of Terms; Agreement to Be Bound

1.1 By clicking "I Agree" (or a similar button or checkbox), creating an account, logging in, accessing, or using the Platform in any way, you confirm that you have read, understood, and agree to be legally bound by these Terms and by our [Privacy Policy] [TODO: the Privacy Policy must be drafted and published before go-live], which is incorporated by reference.

1.2 If you do not agree, you must not access or use the Platform.

1.3 You may be asked to confirm your agreement each time you log in, and to re-accept these Terms when they change. Continued use after a change constitutes acceptance.

1.4 If you act on behalf of a company or other entity (for example, as an Employer), you represent that you have authority to bind that entity, and "you" means both you and that entity.

1.5 You must be at least 18 years old and able to form a legally binding contract.

2. About NH3Jobs

2.1 NH3Jobs is an online recruiting-technology platform and venue focused on the industrial maintenance trades — including ammonia refrigeration, food processing, and cold storage. The Platform provides software tools that help Employers identify and connect with Candidates(technicians and other job seekers), including job posting, candidate profiles, AI-assisted sourcing, scoring and matching, an AI assistant ("Jennifer," described in Section 10), messaging, and email and text-message (SMS) communications. NH3Jobs operates in two modes: (a) paid, Employer-engaged sourcing searchesthat NH3Jobs runs at an Employer's request (Section 7); and (b) free, Candidate-initiated introductions (Section 6). NH3Jobs never charges a Candidate any fee of any kind.

2.2 We are a technology platform and venue. We do not believe we operate as, and we do not intend to act as, an employer, co-employer, staffing agency, employment agency, talent agency, or recruiter, and we are not a party to any employment relationship between an Employer and a Candidate. We do not employ, supervise, direct, control, or pay any Candidate. Any hiring, offer, contract, or working relationship is solely between the Employer and the Candidate.

2.3 We may add, change, suspend, or discontinue any part of the Platform at any time.

2.4 Regulatory status; not an employment agency. NH3Jobs is not an employment agency, talent agency, talent service, job-listing service, staffing agency, professional employer organization, employer, co-employer, or fiduciary within the meaning of any federal or state law — including the California Employment Agency, Employment Counseling, and Job Listing Services Act (Cal. Civ. Code § 1812.500 et seq.) and the California Talent Agencies Act (Cal. Lab. Code § 1700 et seq.). NH3Jobs does not charge Candidates any fee, and does not procure or attempt to procure employment for any Candidate in exchange for a fee paid by that Candidate.All compensation to NH3Jobs is paid by Employers for the Platform's technology and sourcing services. [CONFIRM WITH COUNSEL: that the "technology platform, not employment agency" position holds given the hands-on sourcing described in Section 7.5.]

3. AI Works On Your Behalf — But You Must Verify It

Read this section whether you are a Candidate or an Employer.

3.1 Our AI works for you — and you can never trust it blindly.NH3Jobs uses artificial intelligence — our AI assistant "Jennifer" and our AI matching engine (together, the "AI") — to work on your behalf: it searches the market for you, organizes information, drafts messages, scores and summarizes, and surfaces people and opportunities you might never find otherwise. But a tool is not a decision-maker, and it is not a guarantee of truth. AI can be confidently wrong — inaccurate, incomplete, out of date, or entirely made up (a "hallucination"). You cannot rely on, trust, or act on anything the AI produces without independently checking it first. The responsibility to verify, and the responsibility to decide, rests entirely with you.

3.2 If you are a CANDIDATE, independently confirm — before you act — things such as: the job details (role, duties, shift, location, and whether the job is real and open); the pay and benefits (any wage, rate, or figure the AI mentions or estimates); the employer (who they actually are and their reputation/safety record); the requirements and your fit; and anything the AI suggests you do, including anything that reads like encouragement to apply, accept, decline, relocate, or leave a current job (see Section 10.7). Confirm pay, job details, and employer information directly with the employer in writing before you decide anything. The decision to apply, interview, accept, decline, or leave a job is yours alone.

3.3 If you are an EMPLOYER, independently confirm — before you act — things such as: a candidate's qualifications and credentials; match scores, rankings, and "fit" indications (automated estimates produced by software — not evaluations, endorsements, or recommendations by NH3Jobs); candidate summaries (which may be incomplete or wrong); identity, history, and background; and availability and interest. You make every hiring decision, and you must conduct your own interviews, verification, and background checks. NH3Jobs does not verify, endorse, or certify any candidate or any candidate information.

3.4 The bottom line for everyone. Use the AI to find, organize, and move faster — then verify before you trust, and verify before you act. You assume all risk of relying on AI output, and NH3Jobs is not responsible for any decision you make, or any action you take or fail to take, based on it. This responsibility-to-verify is a core, bargained-for part of this agreement.

4. Accounts and Eligibility

4.1 You agree to provide true, accurate, current, and complete information and to keep it up to date.

4.2 You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us immediately at [legal@nh3jobs.com] of any unauthorized use. We are not liable for losses from unauthorized use of your account.

4.3 You may not share or transfer your account, except that an authorized representative may act for an Employer entity.

4.4 No ownership of account; deletion. You have no ownership rights in your account. If you close your account or ask us to remove you, your account information (including résumés, profiles, cover letters, saved jobs, and contacts) will be marked deleted in our databases and removed from public areas of the Platform; some information may persist for a period due to propagation delays or backups, and third parties may retain cached copies.

5. Employer Terms

If you use the Platform as an Employer, you agree that:

5.1 Accurate, lawful postings. Every job posting and all content you submit is accurate, lawful, not misleading, and reflects a genuine opportunity.

5.2 You make all hiring decisions. You are solely responsible for evaluating, screening, interviewing, verifying, and selecting Candidates, and for all hiring decisions. AI match scores, rankings, and summaries are tools to assist you — they are not evaluations, endorsements, certifications, or recommendations by NH3Jobs, and do not replace your own independent judgment and verification.

5.3 Verification and background. NH3Jobs does not interview, screen, verify, endorse, or certify any Candidate or their qualifications, credentials, certifications, criminal history, or work eligibility (including I-9 / E-Verify). You are responsible for independently verifying all Candidate information and conducting your own interviews and background checks.

5.4 Equal opportunity / non-discrimination.You are solely responsible for complying with all applicable employment laws, including anti-discrimination and equal-opportunity laws — for example, Title VII, the ADA, the ADEA, the Pregnancy Discrimination Act, and California's Fair Employment and Housing Act (FEHA). You will not use the Platform, any Candidate information, or any AI output to discriminate unlawfully.

5.5 Automated tools; your compliance. AI match scores, rankings, and summaries are automated inputs to assist your own evaluation — they are not employment decisions and do not select, reject, or rank Candidates for hiring on your behalf. You remain solely responsible for how you use any AI output and for compliance with all laws governing automated-decision systems and selection procedures in employment, including FEHA and its implementing regulations on automated-decision systems, the Uniform Guidelines on Employee Selection Procedures, and any applicable bias-audit, notice, or recordkeeping requirements. You will make an individualized assessment of each Candidate and will not rely on any AI output as the sole basis for any employment decision.

5.6 Not a consumer reporting agency; no background checks. NH3Jobs is not a consumer reporting agency, and nothing it provides is a "consumer report" under the federal Fair Credit Reporting Act (FCRA) or the California Investigative Consumer Reporting Agencies Act (ICRAA). NH3Jobs does not perform background checks, criminal-history checks, credit checks, reference checks, license verification, drug screening, or work-eligibility verification. To obtain a background check, you must engage a properly licensed consumer reporting agency and comply with all FCRA, ICRAA, and California Fair Chance Act requirements yourself.

5.7 Use of Candidate information. You will use Candidate information only for legitimate recruiting for your own opportunities, keep it confidential, and not sell or redistribute it.

5.8 Fees. If your use is subject to fees, you agree to the pricing and payment terms presented at purchase. Only a written agreement signed by an authorized officer of NH3Jobs — or the Company's official published pricing — is binding. Except as required by law or so stated, fees are non-refundable.

5.9 Automated tools — shared compliance framework. The parties acknowledge that NH3Jobs' scoring, ranking, and matching features may constitute an "automated-decision system" under applicable California law. NH3Jobs maintains reasonable practices for the evaluation, validation, and recordkeeping of those features. The Employer remains the decision-maker for all employment decisions and is solely responsible for its own compliance obligations, individualized assessments, applicant notices, bias-audit and recordkeeping requirements, and any obligations arising from its use of automated tools. Nothing in this Section makes either party the agent of the other except to the extent required by applicable law. [CONFIRM WITH COUNSEL: exact phrasing — avoid conceding "agent" status while still acknowledging the regulatory regime.]

5.10 Fees, refunds, and service term. Except as required by law or as expressly agreed in writing by NH3Jobs, all sales are final and fees are non-refundable, other than the limited refund described in Section 7.3. Purchased services must be used within twelve (12) months of purchase; any service not used within that period is forfeited and is not eligible for a refund. [CONFIRM: that this 12-month "use-it-or-lose-it" / all-sales-final policy matches your commercial terms.]

5.11 Promotion and featuring of Employers. By posting a job or engaging NH3Jobs, you grant NH3Jobs the right to feature and promote the opportunity and your company — including your company name, logo, and job and company information obtained from you or from public sources — across NH3Jobs websites and marketing channels for a reasonable period. On written request to support@nh3jobs.com, NH3Jobs will remove specific featured information, which may take 30 days or more to clear from all sources. [CONFIRM: that featuring employer names/logos in marketing matches your intent.]

6. Our Two Services: Free Introductions vs. Paid Searches

6.1 We bring candidates to companies — even with no posted job. On our own initiative, NH3Jobs proactively searches the market on behalf of Candidates and introduces strong candidates to companies — including companies that have not posted a job and have not engaged or paid us for a search.

6.2 Candidate-Initiated Introductions are FREE to the company. A "Candidate-Initiated Introduction" is one where, at a Candidate's own initiative, NH3Jobs introduces that Candidate to a company that has not engaged NH3Jobs to fill the role and has no active paid search or placement agreement for it. For a Candidate-Initiated Introduction:

There is no catch, no asterisk, and no surprise invoice. We make candidate-initiated introductions because they are good for the candidate and good for the market — not to create a hidden bill.

6.3 The two lanes are distinct, and which one applies is determined in writing. A service is a paid Engaged Search (Section 7) only where there is a signed agreement or accepted published-pricing order identifying it as such before Candidates are presented. Absent that writing, an introduction is presumed a free Candidate-Initiated Introduction. An Employer cannot convert a paid Engaged Search into a free introduction, and the existence of free introductions does not waive, reduce, or excuse any fee owed on an Engaged Search.The lanes are mutually exclusive and determined by the writing — not by how a Candidate first came to NH3Jobs' attention. NH3Jobs reserves the right to charge for any separately engaged paid service.

6.4 No fee to Candidates, ever. NH3Jobs does not charge Candidates any fee, deposit, or cost of any kind for any service, including Candidate-Initiated Introductions. Candidate-Initiated Introductions are free to all parties.

6.5 No double-dipping; anti-circumvention. A Candidate introduced through a free Candidate-Initiated Introduction does not count toward, satisfy, or create any credit under any paid Engaged Search, and a free introduction confers no rights under any Engaged Search. An Employer may not use the free-introduction channel to circumvent fees owed for a role on which it has engaged, or intends to engage, NH3Jobs for a paid search.

6.6 No endorsement, no vetting, no warranty. An introduction (free or paid) is not an endorsement, recommendation, certification, reference, or vouching for the Candidate, and is nota representation that NH3Jobs has interviewed, screened, vetted, verified, or evaluated the Candidate or any of the Candidate's statements, qualifications, certifications, background, or suitability. NH3Jobs passes along Candidate-provided information as is and makes no warranty about it. The Employer remains solely responsible for evaluating, screening, interviewing, verifying, and conducting all background checks on any introduced Candidate.

6.7 No duty, no agency, no exclusivity. A free Candidate-Initiated Introduction does notmake NH3Jobs the Candidate's agent, representative, broker, or fiduciary, does not obligate NH3Jobs to make any introduction or any further introduction or to achieve any result, and does not make NH3Jobs exclusive. NH3Jobs may decline, limit, or stop making introductions at any time, for any reason. NH3Jobs records a timestamped marker of the Candidate's expressed interest before making any specific introduction, so that a Candidate-Initiated Introduction is provable and the free and paid lanes remain distinguishable.

7. Engaged Search — The Candidate Presentation Commitment

This Section applies only to a paid, Employer-engaged search (an "Engaged Search") — an engagement where you hire and pay NH3Jobs to source candidates for a specific role.

7.1 What we commit to (a defined service level — not a guarantee of outcome). For an eligible Engaged Search, NH3Jobs commits to present at least five (5) Candidates who, at the time of presentation, meet the role's agreed minimum qualifications and have expressed interest in being considered (the "Presentation Commitment"); we target five to eight (5–8) such Candidates. "Expressed interest" means a Candidate has affirmatively indicated willingness to be considered at or before presentation; it is a point-in-time statement and is not a representation that the Candidate will remain interested or available, is truthful or qualified, will interview, will accept any offer, will be hired, or will remain employed.

7.2 This is a service level, not an outcome guarantee. The Presentation Commitment is a commitment about NH3Jobs' sourcing effort and deliverable — not a guarantee of any hire, placement, retention, candidate quality, candidate performance, or any other outcome. Nothing in this Section guarantees you will fill the role, make any hire, or be satisfied with any Candidate. Sections 12, 13, and 14 remain in full force as to all such outcomes.

7.4 Conditions (each a condition precedent). The Presentation Commitment applies only if all of the following are and remain true; failure of any one voids the commitment for that search until cured:

• (a) the Engaged Search is in good standing and you are current on all fees;
• (b) you provided complete, accurate role requirements at intake and did not materially change them after the search began;
• (c) you reasonably followed the recruiting and outreach strategy NH3Jobs put in place — including the AI assistant Jennifer and the NH3Jobs recruitment team — and the email and text outreach we developed;
• (d) you responded to Candidates and to NH3Jobs within a commercially reasonable time (and in any event within [3] business days [TODO: confirm response window]) and did not unreasonably reject, ignore, or fail to advance presented Candidates; and
• (e) the role has a viable Candidate pool— a reasonable supply of qualified, reachable, interested Candidates actually exists for the role's combination of trade, qualifications, compensation, location, shift, and other requirements. NH3Jobs is not obligated to fill an unfillable or over-specified ("purple unicorn") role for which a reasonable pool does not exist at the offered terms. We will tell you if we believe a role is not viable and may propose adjustments; if you decline, the Presentation Commitment does not apply to that role.

7.5 Scope of an Engaged Search — what we do. For an Engaged Search, NH3Jobs will: (i) intake the job order via AI; (ii) develop a sourcing strategy plan; (iii) source candidates; (iv) develop custom email and text outreach, individually tailored to each candidate added for the role; (v) source up to fifty (50) candidates; (vi) provide the outreach marketing; and (vii) work to set the first interview.

7.6 Scope — what we do NOT do. NH3Jobs is not a full-cycle recruitment firm or agency. For an Engaged Search, NH3Jobs will not: schedule further interviews beyond working to set the first interview; handle wage, salary, rate, or offer negotiations; conduct background, reference, or credential checks or drug screening; or handle onboarding or any post-hire process. Our role ends after we work to set the first interview; you are solely responsible for everything after — further interviews, evaluation and verification, background checks, negotiations, the hiring decision, any offer, onboarding, and the entire employment relationship.

7.7 Efforts, not guaranteed outcomes. Descriptions of our process — reviewing up toa stated number of candidates, conducting custom outreach, or working to "set" an initial interview — describe the services we perform, not guaranteed results. "Up to" any number states a maximum, not a minimum. We do not guarantee any candidate will respond, attend, accept, or proceed. Where we help arrange an interview, the sole remedy for any shortfall is the remedy in 7.3.

7.8 Precedence. To the extent this Section conflicts with Section 12 (No Guarantee of Results), this Section controls only as to the specific, limited Presentation Commitment and its sole remedy. In all other respects, Sections 12, 13, and 14 control. Only a written agreement signed by an authorized officer of NH3Jobs may expand this commitment; Jennifer and any AI feature cannot create, expand, or vary it (see Section 10.1).

8. Candidate Terms

If you use the Platform as a Candidate, you agree that:

8.1 Accurate, truthful profile. All information you provide — résumé, work history, certifications, licenses, and contact details — is true, accurate, current, complete, and your own, and you are authorized to share it with us and prospective Employers (and doing so violates no agreement, court order, or third-party right, such as a non-disclosure or non-solicitation obligation). Misrepresenting your qualifications or identity is a material breach.

8.2 You control where your information goes. NH3Jobs shares your profile with an Employer only in connection with an opportunity you have expressed interest in, or an introduction you have asked us to make. We do not broadcast your profile to Employers you have not authorized. If you are not interested in a particular job, we will not submit you to that company. You can decline any opportunity and tell us to stop sharing your information at any time. NH3Jobs records your expressed interest with a timestamp before putting you forward for any specific opportunity, so this control is provable.

8.3 Sensitive information. Please do not include Social Security numbers, government ID numbers, or financial-account information in your résumé or profile. NH3Jobs is not responsible for sensitive information you choose to submit.

8.4 Consent to AI processing. You consent to our automated systems — Jennifer and the matching engine — processing, scoring, ranking, summarizing, and reformatting your profile to assess fit and surface opportunities. These are automated estimates, not decisions about you; the Employer makes all hiring decisions.

8.5 Consent to be contacted; you may withdraw. You consent to be contacted by NH3Jobs by email, text (SMS/MMS), and in-Platform messaging about opportunities, introductions, and your account, on the terms in Section 9. You may withdraw consent at any time — reply STOP to texts, use the email unsubscribe link, contact [legal@nh3jobs.com], or ask us to deactivate your profile — and we will stop the corresponding outreach and stop putting you forward to new Employers, subject to a reasonable time to process and to records we must keep.

8.6 NH3Jobs does not decide.NH3Jobs does not hire, reject, screen, endorse, or make employment decisions about you. Any decision to contact, interview, hire, or decline you is made solely by the Employer. Scores or "fit" indications are automated estimates, not judgments about your worth or qualifications.

8.7 No guarantee; your decisions. Use of the Platform does not guarantee you will be contacted, interviewed, matched, or hired. You are solely responsible for your own decisions about applying for or accepting any position.

9. Communications — Email and Text Messages (SMS)

9.1 Consent. When you give us your email address or mobile number — by creating an account, submitting a profile, responding to outreach, or otherwise — you consent to receive communications from us and parties acting for us, including account, transactional, recruiting, outreach, and marketing messages, by email, text (SMS/MMS), and through the Platform.

9.2 Text messaging.

Express opt-in for recruiting and marketing texts. Before NH3Jobs sends you recruiting, outreach, or promotional text messages, you will be asked to affirmatively opt in — for example, by checking an unchecked box or replying to a clearly worded invitation — that discloses (i) that you agree to receive such texts from NH3Jobs, including via automated systems, (ii) that message and data rates may apply and frequency varies, (iii) that consent is not a condition of using the Platform or of any employment or introduction, and (iv) how to opt out (reply STOP) and get help (reply HELP). Your opt-in is recorded.

By providing a mobile number and opting in, you give your prior express consent to receive texts — including via automated systems — about recruiting, opportunities, introductions, account activity, and promotions. Message and data rates may apply; frequency varies and is disclosed at opt-in. Consent to marketing texts is not a condition of using the Platform or of any employment or introduction. Each marketing text identifies NH3Jobs as the sender. Opt out anytime by replying STOP (we send one confirmation, then stop); reply HELP for help. We may still send non-marketing transactional messages as permitted by law. If you provide a mobile number belonging to another person, you represent that you have that person's prior express consent for us to text them, and you will indemnify us for any claim arising from that contact (Section 15).

Timing. NH3Jobs sends text messages only within permitted hours under applicable law and does not send marketing texts outside those hours. Where state law imposes stricter calling-time or consent requirements, NH3Jobs follows the stricter rule.

9.3 How we obtain your number; lawful basis; recordkeeping. A number you gave us, used to contact us, or provided in your résumé or profile in connection with seeking employment in this trade may serve as a lawful basis for transactional or relationship messages — but NH3Jobs relies on your express opt-in (Section 9.2) before sending recruiting or marketing texts; the two channels are not treated the same. We honor STOP immediately and across all of our systems, maintain records of the specific consent we rely on and of every opt-out, periodically scrub against reassigned-number data, and send a single STOP confirmation and then cease. If you believe we contacted a number you did not authorize, contact [legal@nh3jobs.com] and we will remove it.

9.4 Email (CAN-SPAM). You may unsubscribe from marketing emails anytime via the link in those emails, and we honor unsubscribes promptly. We comply with the CAN-SPAM Act: our commercial emails identify NH3Jobs, include our physical mailing address, avoid deceptive subject lines, and provide a working unsubscribe. We may still send transactional or relationship messages as permitted by law.

9.5 You represent any phone number and email you provide are yours (or you are authorized to use them), and you will tell us if they change. Our practices are also governed by our [Privacy Policy] and applicable law, including the TCPA and CAN-SPAM Act.

10. The AI Assistant ("Jennifer") and AI-Generated Content

This Section is important. By using the Platform, you specifically acknowledge and agree to everything in it.

"Jennifer" is an automated AI assistant that interacts with both Employers and Candidates — answering questions, helping post jobs, suggesting matches, summarizing information, and helping coordinate recruiting. Jennifer and other AI features are powered by third-party artificial-intelligence language models. Jennifer is software, not a human, and is not an employee, agent, representative, or spokesperson of the Company. Nothing Jennifer says or does is a statement, decision, or commitment by the Company.

10.1 No Authority to Bind the Company

Jennifer, and any other AI feature, has no authority of any kind — actual, apparent, implied, or otherwise — to enter into any agreement, make any commitment, or bind the Company to anything. This includes any price, discount, credit, rebate, or refund; any free, discounted, or upgraded service, posting, subscription, or trial; any promotion, waiver, guarantee, promised outcome, contract term, or commitment. Any such statement generated by Jennifer is void, non-binding, and unenforceable against the Company, and creates no contract, obligation, credit, or liability. The Company is bound only by a written agreement signed by an authorized officer, or by its official published pricing — never by Jennifer. This includes any statement that purports to accept, approve, sign, confirm, or finalize any agreement, order, price, or term on NH3Jobs' behalf; Jennifer may surface, suggest, and tee up options, but cannot agree to or commit NH3Jobs to anything. If you cause, induce, or persuade Jennifer to "agree," "approve," "promise," "guarantee," or "offer" anything — for example, a free year of postings, a special rate, a fee waiver, a free placement on a paid role, or a guaranteed hire — that statement has no legal effect, creates no contract, and confers no right or benefit on you,even if Jennifer says it is "official," "binding," or "confirmed." You expressly waive any claim or defense based on apparent authority, reliance, or estoppel arising from anything Jennifer says or does.

10.2 Suggestions and Information Only — Not Advice

Everything Jennifer and the AI features produce is suggestions and general information only. It is notprofessional, legal, financial, tax, employment, immigration, safety, or hiring advice, and is not a substitute for a qualified professional's judgment. Candidate suggestions, match scores, and "fit" indications are automated estimates — not recommendations, decisions, endorsements, or guarantees. Using Jennifer creates no attorney-client, fiduciary, advisory, agency, or other special relationship.

10.3 AI Makes Mistakes and "Hallucinates" — Acknowledged

You expressly acknowledge that AI models make mistakes and "hallucinate" — generating information that sounds confident but is incorrect, incomplete, outdated, or fabricated — and that Jennifer WILL at times produce incorrect or inaccurate information. You should expect to encounter incorrect information from time to time. The Company makes every reasonable effort for accuracy but does not and cannot guarantee it. All AI output is provided "AS IS" and "AS AVAILABLE."

10.4 Your Responsibility to Verify; You Decide

You are solely responsible for your own decisions. You must exercise your own independent judgment and independently verify any information, scores, matches, or summaries before relying or acting on it (see Section 3). You assume all risk of relying on AI output. The Company is not liable for any decision you make, or any action you take or fail to take, in reliance on Jennifer or any AI output.

10.5 AI-Generated Content Is Not Verified

AI-generated content — match scores, summaries, skill assessments, pay ranges, and market data — is produced by automated systems and is not independently verified by NH3Jobs. It may be incomplete, inaccurate, or out of date. NH3Jobs makes no representation that it is accurate, complete, current, or fit for any purpose.

10.6 Jennifer Is Automated — Disclosed

Jennifer is an automated software assistant (a "bot"), not a human.NH3Jobs discloses this in the Platform interface, and you acknowledge it here, consistent with California Business & Professions Code §§ 17940–17943. When you interact with Jennifer, you are communicating with software. A human representative is available on request at [legal@nh3jobs.com].

10.7 No Reliance for Personal, Life, Career, Financial, or Legal Decisions

Read this carefully — real decisions are involved.

(a) Opinions and information, not direction. Anything Jennifer or any AI feature says, suggests, recommends, implies, or instructs — including anything that could be read as telling you to quit your job, leave or accept a position, decline an offer, relocate, or change careers — is opinion and information generated by software. It is not a recommendation, instruction, direction, or advice to take or refrain from any action, and not a statement of fact about your situation. NH3Jobs is not advising you to do anything. We are not telling you to quit your job, take a job, leave a job, move, or pass on an offer.

(b) Do not rely on AI for major decisions. You agree that you will not rely on Jennifer or any AI output to make any personal, career, employment, financial, medical, legal, immigration, or safety decision. Jennifer is a recruiting-assistance tool, not a counselor or advisor, and using it creates no advisory, fiduciary, or counseling relationship.

(c) Your decision is your own (independent intervening cause). Every such decision is yours alone, made on your own judgment and, where appropriate, with qualified human professionals of your choosing. Your own decision is an independent, intervening, and superseding cause of any result. You release NH3Jobs from any loss arising from any decision you make or action you take or fail to take in connection with anything Jennifer says or appears to suggest.

(d) Assumption of risk; conspicuous acknowledgment. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK of relying on AI output, and you waive any claim — including for negligence, negligent misrepresentation, or reliance — against NH3Jobs based on it, to the fullest extent permitted by law. You acknowledge this Section is conspicuous, that you have read it, and that it is a material part of the agreement under which NH3Jobs makes Jennifer available to you at no charge.

11. No Professional Advice

The Platform and its content, including AI output, are for general informational and recruiting-facilitation purposes only and do not constitute professional advice of any kind — legal, financial, tax, employment, HR, safety, or otherwise. No content creates an attorney-client, advisory, fiduciary, or agency relationship. Consult your own qualified professionals before making decisions with legal, employment, financial, or safety consequences. Your reliance on any information is at your own risk.

12. No Guarantee of Hire, Placement, or Results

12.1 The Platform is a tool to facilitate connections. We do not guarantee any particular result or outcome.

12.2 We do not guarantee that an Employer will receive any qualified Candidate, fill any position, or make any hire; or that a Candidate will be contacted, matched, interviewed, hired, or placed. We do not guarantee the existence, quality, legality, safety, accuracy, or availability of any posting, opportunity, Employer, or Candidate, or the truthfulness of any User-provided information. The only exception to this Section is the limited Candidate Presentation Commitment in Section 7, which is a defined service-level commitment with the limited remedy stated in Section 7.3 and is not a guarantee of any hire, outcome, candidate quality, or result.

12.3 Wage and pay-data estimates. Any wage figures, pay ranges, or market-compensation information on the Platform — including AI-generated estimates and aggregated data — are general informational estimates only. They are not job offers, posted pay scales, or representations of what any Employer will pay, and are not the pay scale any Employer must disclose under any pay-transparency law (including California Labor Code § 432.3). Actual compensation is set solely by the Employer, who is responsible for posting any legally required pay scale.

13. Disclaimer of Warranties ("As Is")

THE PLATFORM, INCLUDING ALL CONTENT, AI FEATURES, JENNIFER, CANDIDATE PROFILES, JOB POSTINGS, SCORES, MATCHES, AND OTHER OUTPUT, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. To the fullest extent permitted by law, the Company disclaims all warranties, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement. We do not warrant that the Platform will be uninterrupted, secure, or error-free, or that any information (including AI output and User-provided information) is accurate, complete, or reliable. You use the Platform and rely on any information at your own risk. Some jurisdictions do not allow certain exclusions, so some may not apply to you.

13.2 Third-party links and external sources. The Platform may contain links to, or job listings from, third-party websites and external sources. These are provided for convenience and are not an endorsement; NH3Jobs is not responsible for the content, accuracy, or privacy practices of any third party. If you choose to apply to an external listing and opt in, you authorize NH3Jobs to transfer the information needed to submit your candidacy to that source. You access third-party sites at your own risk and should review their terms and privacy policies.

14. Limitation of Liability

14.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, arising out of or relating to these Terms, the Platform, any AI output or Jennifer, any User or User content, any hire or non-hire, or any inability to use the Platform — under any legal theory, even if advised of the possibility of such damages.

14.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID THE COMPANY IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). [CONFIRM WITH COUNSEL: whether statutory claims (e.g., TCPA) should be carved out of this cap, or the cap structured differently for no-fee Candidate users.]

14.3 The new commitments do not expand our liability. The commitments and statements in Sections 3, 6, 7, 8, and 10 — including the free-introduction promise, the Candidate Presentation Commitment, the scope of paid service, and the candidate-control statements — are subject in full to Sections 12, 13, and 14. Nothing in those sections is a warranty of any result, expands our liability beyond these limits, or creates any remedy other than the specific, limited remedies expressly stated. Notwithstanding anything else, the sole remedy for the Section 7 Presentation Commitment is the remedy stated in Section 7.3 — even if that limited remedy is later claimed to have failed of its essential purpose.

14.4 No liability for AI output, reliance, or your decisions.To the fullest extent permitted by law, NH3Jobs is not liable for any loss arising from: any AI output, including any error or "hallucination"; your reliance on AI output or failure to verify it (Section 3); anything that could be read as advice or a direction to act (Section 10.7); any hiring, employment, business, relocation, or financial decision you make or do not make; or any candidate's qualifications, conduct, or background, or any employer's conduct, workplace, or hiring practices.

14.5 These limitations apply to all claims and are a fundamental basis of the agreement. Nothing here limits any liability that cannot be limited under applicable law (including liability for gross negligence, recklessness, or willful misconduct under Cal. Civ. Code § 1668); where any limitation is unenforceable, it applies to the fullest extent the law allows.

14.6 Release; disputes between Users. NH3Jobs is not a party to dealings between Users (for example, between an Employer and a Candidate) and does not control their conduct. You assume all risk of dealing with other Users, and you release NH3Jobs and its agents and employees from all claims, demands, and damages (actual and consequential, direct and indirect, known and unknown) arising out of or connected with any dispute with another User. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

15. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their officers, directors, employees, and agents from any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your content, postings, or profile; (c) your violation of these Terms or any law, including anti-discrimination, employment, and communications laws (TCPA/CAN-SPAM); (d) your violation of any third party's rights, including any text or email you cause us to send to a number or address you provided without proper consent; (e) any hiring or employment decision or relationship involving you; and (f) your reliance on any AI output or Jennifer. We may assume the exclusive defense of any indemnified matter, and you agree to cooperate.

16. Intellectual Property

16.1 The Platform — including its software, design, text, graphics, logos, and the "NH3Jobs" and "Jennifer" names and branding — is owned by the Company or its licensors and protected by law. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform for its intended purpose. You may not copy, modify, distribute, sell, reverse engineer, or scrape the Platform except as expressly permitted.

16.2 Your content. You keep ownership of content you submit and grant the Company a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, use, reproduce, modify (for formatting and processing, including by AI), display, and share that content as needed to operate and improve the Service and as described in our [Privacy Policy].

16.3 If you give us feedback, we may use it without restriction or obligation to you.

16.4 Copyright/trademark infringement notice (DMCA). If you believe content on the Platform infringes your copyright or trademark, send a written notice to our designated agent at support@nh3jobs.com (or NH3 Jobs LLC, 3417 Medici Way, Oceanside, CA) that includes: (a) identification of the work and the allegedly infringing material, with a link if possible; (b) your contact information; (c) a statement that you have a good-faith belief the use is not authorized by the rights holder or the law; (d) a statement, under penalty of perjury, that the information is accurate and that you are the rights holder or authorized to act for them; and (e) your physical or electronic signature. We respond to valid notices and terminate the accounts of repeat infringers.

17. Privacy

17.1 Our collection, use, disclosure, and retention of personal information — including that of Candidates and applicants — is described in our [Privacy Policy] (at [nh3jobs.com/privacy]), incorporated by reference. By using the Platform, you acknowledge it and consent to the practices described.

17.2 California residents, including Candidates and applicants, have rights under the CCPA as amended by the CPRA — to know, access, correct, and delete personal information, to opt out of its sale or sharing, and to limit use of sensitive personal information. NH3Jobs does not sell your personal information. To exercise these rights, see the [Privacy Policy] or contact [privacy@nh3jobs.com].

18. Prohibited Uses

You will not, and will not allow anyone to: use the Platform unlawfully, fraudulently, or deceptively; post false, misleading, defamatory, harassing, or discriminatory content; post fake jobs or profiles or misrepresent identity, qualifications, or authority; attempt to obtain a benefit, discount, free service, pricing, placement, or commitment by manipulating, tricking, prompting, or "jailbreaking" Jennifer or any AI feature, or assert any claim based on AI output you induced;scrape, harvest, or sell User information; introduce malware or attempt unauthorized access; use bots except as authorized; send unlawful spam; reverse engineer or extract source code, models, or data; or otherwise violate these Terms or any law. NH3Jobs may also limit the volume of data (including résumé or profile views) any User may access in a given period. Prohibited security violations include probing or scanning systems, breaching authentication, overloading or "flooding" the Platform, or forging headers; violations may result in civil or criminal liability. We may investigate and act, including removing content, suspending accounts, and reporting to law enforcement.

19. Termination

You may stop using the Platform and close your account at any time. We may suspend or terminate your access at any time, with or without cause or notice, including for a violation of these Terms or to protect the Platform, Users, or the Company. Sections that by their nature should survive will survive — including Sections 5.8, 6, 7, 8, 9, 10–17, and 20–21.

20. Dispute Resolution — Arbitration and Class-Action Waiver

20.1 Informal resolution first. Before filing any claim, contact us at [legal@nh3jobs.com] and try to resolve the dispute informally for at least 30 days.

20.2 Binding individual arbitration. Any dispute that cannot be resolved informally will be resolved by binding individual arbitration administered by [TODO: select JAMS or AAA] under its rules, rather than in court — except that either party may bring qualifying claims in small-claims court, and either may seek injunctive relief for intellectual-property or misuse claims.

20.3 Class-action waiver. To the fullest extent permitted by law, you and the Company agree that any dispute will be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. If this waiver is found unenforceable as to a particular claim, the arbitration agreement will not apply to that claim, and it will proceed in court.

20.4 Your right to opt out of arbitration. You may opt out of this arbitration agreement by sending written notice to [legal@nh3jobs.com] within 30 days of first accepting these Terms. If you opt out, neither party must arbitrate, and Sections 20.2–20.3 will not apply to you. Opting out has no effect on any other part of these Terms.

20.5 Governing law and venue. These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Subject to the arbitration agreement, the exclusive venue for any dispute is the state and federal courts in San Diego County, California, and you consent to personal jurisdiction there.

20.6 Time limit. To the extent permitted by law, any claim must be filed within one (1) year after it arose (except where a longer period is required by law), or it is permanently barred.

20.7 Preservation of public injunctive relief. Notwithstanding anything to the contrary in this Section, nothing in these Terms waives, or shall be construed to waive, any party's right to seek public injunctive relief to the extent such a waiver would be unenforceable under applicable law. If a claim for public injunctive relief is asserted, that claim — and only that claim — shall be severed and stayed pending individual arbitration of all other claims, and shall thereafter be resolved in a court of competent jurisdiction in San Diego County, California. The remainder of this arbitration agreement remains in full force and effect.

21. General

21.1 Changes to these Terms.We may update these Terms from time to time. For material changes, we will update the "Last Updated" date and provide notice (for example, by posting or requiring re-acceptance at login). Continued use after changes take effect constitutes acceptance. If you do not agree, stop using the Platform.

21.2 Entire agreement; no outside reliance. These Terms, with the [Privacy Policy] and any written agreement signed by an authorized officer of the Company, are the entire agreement and supersede all prior understandings and statements — including anything stated by Jennifer or any AI feature. You agree you have not relied on any statement or promise not expressly set out in these Terms.

21.3 Severability; no waiver; assignment. If any provision is unenforceable, it will be limited or removed and the rest stays in effect; if the class-action waiver in 20.3 is unenforceable, the arbitration agreement is severed for the affected claim rather than expanded into class arbitration. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign freely, including in a merger or sale.

21.4 No agency; no third-party beneficiaries; force majeure. Nothing here creates any agency, partnership, joint venture, or employment relationship between you and the Company. There are no third-party beneficiaries. The Company is not liable for delays or failures due to causes beyond its reasonable control.

21.5 U.S.-based service; international access. The Platform is operated from the United States and intended for U.S. users. We make no claim that the Platform or its content is appropriate or available outside the United States; if you access it from elsewhere, you do so at your own risk and are responsible for compliance with local law.

22. Contact

NH3 Jobs LLC
3417 Medici Way
Oceanside, California [ZIP CODE] [TODO: add ZIP]
Email: [legal@nh3jobs.com]