Application Terms and Conditions

Kandid Pro Pty Ltd

Introduction

Welcome to Kandid Pro Pty Ltd! We are Kandid Pro, an Australian business with ABN 23 698 014 167 ("we", "our" or "us") and we provide a website that helps job hunters apply for, manage and keep track of their applications known as Kandid Pro as described on our Website (Platform). The Platform uses third-party generative AI technology to create application materials based on information you provide. AI-generated content may be inaccurate or incomplete and must be reviewed before use.

These terms and conditions (Terms) govern your access to the Platform and us providing you any other goods and services as set out in these Terms (Subscription). You can view the most updated version of our Terms at https://kandid.pro/ (Website). Please read these terms and conditions carefully before agreeing to proceed with your Subscription.

Your Subscription is for the tiered package as selected by you and agreed between us by means of the Website (Subscription Tier).

Please note that your Subscription will continue to renew indefinitely, and you will continue to incur Subscription Fees, unless you notify us that you want to cancel your Subscription in accordance with clause 14. Please ensure you contact us if you want to cancel your Subscription.

Reading and Accepting These Terms

In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in the Definitions table at the end of these Terms.

By clicking the "I accept these Terms" button on our Website, paying for your Subscription or otherwise accepting the benefit of any part of your Subscription, you agree to be bound by these Terms which form a binding contractual agreement between you the person acquiring a Subscription or the company you represent and are acquiring the Subscription on behalf of ("you" or "your") and us.

We may change these Terms at any time by notifying you, and your continued use of the Platform following such an update will represent an agreement by you to be bound by the Terms as amended.

Eligibility

By accepting these Terms, you represent and warrant that:

• you have the legal capacity and authority to enter into a binding contract with us; and
• you are authorised to use the payment you provided when purchasing a Subscription.

The Platform is not intended for use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are over the age of 18 years and accessing the Platform for personal use.

Duration of Your Subscription

Your Subscription and these Terms commence on the date you agree to be bound by these Terms and continues for the Subscription Period and any Renewal Periods applicable, unless terminated earlier in accordance with clause 14.

Subject to clause 3(c), upon expiration of the Subscription Period, this agreement will automatically and indefinitely renew on an ongoing basis for a period equal to the Subscription Period (Renewal Period).

This agreement will not automatically renew on expiry of the Subscription or Renewal Period (Renewal Date), if you cancel via your Account at least 1 Business Day prior to the Renewal Date.

At least 7 days prior to the expiry of the Renewal Date, we will provide you with advanced written notice of the agreement renewing and any applicable changes to the Subscription Fees or these Terms (Renewal Notice).

The Platform

Scope of Your Subscription

Your Subscription includes the benefits and limitations of your Subscription Tier as set out on our Website, or as otherwise communicated to you when you subscribe for your Subscription (and as amended from time to time by notice to you).

Accounts

To use the Platform, you are required to sign-up, register and receive an account through the Website (Account). You will be required to verify your email address.

As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, and other information as determined by us from time to time.

You warrant that any information you give to us in the course of completing the Account registration process is accurate, honest, correct and up-to-date.

Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.

Disclaimer

You acknowledge and agree that any information provided to you as part of or in connection with the Platform or the Website is general in nature, may not be suitable for your circumstances and does not constitute financial, legal or any other kind of professional advice.

While we provide access to the Platform and its features, we do not guarantee any particular outcome, including interviews, offers of employment or the success of any job application prepared or submitted through the Platform. You are solely responsible for reviewing, verifying and approving all application materials before submission.

Platform

While your Subscription is maintained, we grant to you a non-exclusive, non-transferable licence to use the Platform. Your licence to use the Platform under this clause will be limited to one User.

We may from time to time, in our absolute discretion, release enhancements to the Platform, meaning an upgraded, improved, modified or new versions of the Platform (Enhancements). Any Enhancements to the Platform will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime.

We may change any features of the Platform or the Website at any time on notice to you.

Support Services

We will provide general support where reasonably necessary to resolve technical issues with the Platform (Support Services). Unless otherwise agreed in writing:

• we will take reasonable steps to provide Support Services where necessary (you must first endeavour to resolve any issues with the Platform yourself and we will not assist with issues that are beyond our reasonable control);
• we will use our best endeavours to respond to requests for Support Services and you acknowledge that we may not be available 24/7 or respond within a particular time frame;
• you are responsible for managing access to your Account, including storing back-up passwords; and
• you will not have any claim for delay to your access to the Platform due to any failure or delay in Support Services.

Data Hosting

We will store User Data you upload to the Platform using a third party hosting service selected by us (Hosting Services), subject to the following terms:

• (hosting location) You acknowledge and agree that we may use storage servers to host the Platform through cloud-based services, and potentially other locations outside Australia.
• (service quality) While we will use our best efforts to select an appropriate hosting provider, we do not guarantee that the Hosting Services will be free from errors or defects or that User Data will be accessible or available at all times.
• (security) We will use our best efforts to ensure that User Data is stored securely. However, we do not accept responsibility or liability for any unauthorised use, destruction, loss, damage or alteration to User Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
• (backups & disaster recovery) In the event that User Data is lost due to a system failure (e.g. a database or webserver crash), we cannot guarantee that any backup will be available, or if available that such a backup will be free from errors or defects.

Client Obligations

Your Obligations

You acknowledge and agree that we will have no liability in respect of any damage, loss or expense which arises in connection with your breach of these Terms, and you indemnify us in respect of any such damage, loss or expense.

You must not without our prior written approval:

• upload sensitive information or commercial secrets using the Platform;
• upload any inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist material using the Platform;
• use the Platform for any purpose other than for the purpose for which it was designed, including you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
• upload any material that is owned or copyrighted by a third party;
• make copies of the Platform;
• adapt, modify or tamper in any way with the Platform;
• remove or alter any copyright, trade mark or other notice on or forming part of the Platform;
• act in any way that may harm our reputation or that of associated or interested parties or do anything at all contrary to the interests of us or the Platform;
• use the Platform in a way which infringes the Intellectual Property Rights of any third party;
• create derivative works from or translate the Platform;
• publish or otherwise communicate the Platform to the public, including by making it available online or sharing it with third parties;
• integrate the Platform with third party data or software, or make additions or changes to the Platform (including by incorporating APIs into the Platform);
• intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment in connection with the Platform;
• sell, loan, transfer, sub-licence, hire or otherwise dispose of the Platform to any third party;
• decompile or reverse engineer the Platform or any part of it, or otherwise attempt to derive its source code;
• share your Account or Account information, including log in details or passwords, with any other person — any use of your Account by any person who is not the account holder is strictly prohibited. You must immediately notify us of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;
• make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without our express written consent; or
• attempt to circumvent any technological protection mechanism or other security feature of the Platform.

If you become aware of misuse of your Subscription by any person, any errors in the material on your Subscription or any difficulty in accessing or using your Subscription, please contact us immediately using the contact details or form provided on our Website.

You agree:

• to comply with each of your obligations in these Terms;
• to sign up for an Account in order to use the Platform;
• that information given to you through the Platform or by us, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
• that we may cancel your Account at any time if we consider, in our absolute discretion, that you are in breach of, or are likely to breach, this clause.

Fees and Payment

Trial Period

We may from time to time offer a free trial period of the Platform (Free Trial Period). No payments will be due during any Free Trial Period and your first payment will be due immediately after the expiry of the Free Trial Period.

Subscription Fees

You must pay subscription fees to us in the amounts specified on the Website for your Subscription Tier, or as otherwise agreed in writing (Subscription Fees).

All Subscription Fees must be paid in advance and are non-refundable for change of mind.

Unless otherwise agreed in writing, the Subscription Fees are due and payable on a recurring basis for the duration of your Subscription, with the first payment being due on the first day of the Subscription Period (or immediately after the expiry of any applicable Free Trial Period) and at the beginning of every Renewal Period thereafter.

Automatic Recurring Billing

Your Subscription will continue to renew on an automatic indefinite basis unless you notify us that you wish to cancel.

While your Subscription is maintained, your Subscription Fees will continue to be debited at the beginning of each Renewal Period from the payment method you nominated when you registered for an Account.

By signing up for a recurring Subscription, you acknowledge and agree that your Subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Subscription.

Changes to Subscription Fees

We may, from time to time and without prior notice to you, change our Subscription Fees. Any updated Subscription Fees will be published on our website and will apply only to new subscriptions or renewals. Variations to Subscription Fees will not affect any existing Subscription during its current term.

Late Payments

We reserve the right to suspend all or part of the Platform indefinitely if you fail to pay any Fees in accordance with this clause.

GST

Unless otherwise indicated, the Fees do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.

Card Surcharges

We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

Online Payment Partner

We may use a third-party online payment partner, currently Stripe (Online Payment Partner) to collect Subscription Fees.

You acknowledge and agree that:

• the processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner;
• you release us and our Personnel in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner's platform or any error or mistake in processing your payment; and
• we reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.

You have the right to reject any terms and conditions of the Online Payment Partner. If you reject those terms, we cannot provide you with the Subscription and the cancellation clause will apply.

Intellectual Property and Data

Platform Content Intellectual Property

We retain ownership of all Materials provided to you throughout the course of your Subscription in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserve all rights in any Intellectual Property Rights owned or licensed by us in the Platform Content not expressly granted to you.

You are granted a licence to the Platform Content, and you may make a temporary electronic copy of all or part of any materials provided to you for the sole purpose of viewing them and using them for the purposes of the Platform. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish those materials or any Platform Content without prior written consent from us or as otherwise permitted by law.

User Data

You grant to us (and our Personnel) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable licence to use User Data to the extent reasonably required to provide the Platform, and for our internal business purposes, including to improve the Platform and our other products and services, and including to apply machine learning and other analytics processes to the User Data, to gain commercial insights and other associated learnings.

We reserve the right to remove any User Data at any time, for any reason, including where we deem User Data to be inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist.

You are responsible for ensuring that:

• you share User Data only with intended recipients; and
• all User Data is appropriate and not in contravention of these Terms.

You warrant that our use of User Data will not infringe any third-party Intellectual Property Rights, and you indemnify us from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement.

Artificial Intelligence

Consent to Use AI Services

By using the Platform, you acknowledge and agree that:

• the Platform may transmit User Data to Third-Party AI Providers for the purpose of generating AI Output;
• AI Output is generated automatically using machine learning systems and may contain errors, inaccuracies, omissions or outdated information;
• you are solely responsible for reviewing, verifying and approving all AI Output before using, sending, publishing or relying on it;
• the Platform does not guarantee that AI Output will be accurate, complete, lawful, suitable for any role or free from bias; and
• AI Output is provided as an assistive drafting tool only and does not constitute professional recruitment, legal, career or employment advice.

User Responsibility for Application Materials

You acknowledge that:

• you are solely responsible for the truthfulness, accuracy and legality of all job application materials created, submitted or sent using the Platform;
• you must ensure that all resumes, CVs, cover letters and communications accurately reflect your qualifications, employment history, experience and skills;
• you must not use the Platform to generate misleading, deceptive, fraudulent or false application materials; and
• the Platform is not responsible for any employment decision, rejection, loss, claim or damage arising from reliance on AI Output.

AI Limitations and Disclaimer

To the maximum extent permitted by law:

• the Platform makes no representation or warranty regarding the reliability, accuracy, quality, legality or fitness for purpose of any AI Output;
• AI Output may resemble content generated for other users or sourced from publicly available information;
• the Platform does not warrant that AI Output will be original, non-infringing or capable of intellectual property protection; and
• the AI Services may produce unexpected, offensive, biased or incorrect results despite reasonable safeguards.

You use AI Output at your own risk.

Third-Party AI Providers

The Platform may use Third-Party AI Providers to process User Data and generate AI Output.

You acknowledge and agree that:

• User Data may be processed on servers operated by Third-Party AI Providers, including servers located outside Australia;
• the use of Third-Party AI Providers is subject to the availability and operational performance of those providers;
• the Platform may change, suspend or discontinue any AI functionality at any time without notice; and
• Third-Party AI Providers may maintain their own terms, policies and technical limitations which affect the AI Services.

Confidentiality

Except as contemplated by these Terms, a party must not, and must not permit any of its Personnel, use or disclose to any person any Confidential Information disclosed to it by the other party without the disclosing party's prior written consent.

Each party must promptly notify the other party if it learns of any potential, actual or suspected loss, misappropriation or unauthorised access to, or disclosure or use of Confidential Information or other compromise of the security, confidentiality, or integrity of Confidential Information.

The notifying party will investigate each potential, actual or suspected breach of confidentiality and assist the other party in connection with any related investigation.

Privacy

We collect personal information about you in the course of providing you with the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy which can be found at kandid.pro/privacy.

Our Privacy Policy contains more information about how we use, disclose and store your personal information and details how you can access and correct your personal information.

By agreeing to these Terms, you agree to our handling of personal information in accordance with our Privacy Policy.

Liability

Warranties and Limitations

We warrant that:

• during the Subscription Period, the Platform will perform substantially as described on our Website;
• during the Subscription Period, the Platform will be provided as described to you in, and subject to, these Terms; and
• to our knowledge, the use of the Platform in accordance with these Terms will not infringe the Intellectual Property Rights of any third party.

We will correct any errors, bugs or defects in the Platform which arise during your Subscription and which are notified to us by you, unless the errors, bugs or defects:

• result from the interaction of the Platform with any other solution or computer hardware, software or services not approved in writing by us;
• result from any misuse of the Platform; or
• result from the use of the Platform by you other than in accordance with these Terms or as described on the Website.

While we will use our best endeavours to ensure the Platform is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:

• the Platform may have errors or defects;
• the Platform may not be accessible at times;
• messages sent through the Platform may not be delivered promptly, or delivered at all;
• information you receive or supply through the Platform may not be secure or confidential;
• any information provided through the Platform may not be accurate or true; or
• the quality, accuracy and usefulness of any output generated by the Platform depend on the completeness and accuracy of the information provided by you.

To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these Terms are excluded.

To the maximum extent permitted by applicable law, the Platform excludes all liability arising from or relating to:

• reliance on AI Output;
• inaccuracies or omissions in AI Output;
• decisions made by employers, recruiters or third parties;
• interruption, unavailability or errors in AI Services; or
• acts or omissions of Third-Party AI Providers.

Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth).

Liability Cap

To the maximum extent permitted by law, the total liability of each party in respect of loss or damage sustained by the other party in connection with these Terms or the Platform is limited to AU$100.

Consequential Loss

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with these Terms or any goods or services provided by us, except:

• in relation to a party's liability for fraud, personal injury, death or loss or damage to tangible property; or
• to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

Upgrade and Downgrades

You may notify us that you would like to upgrade or downgrade your Subscription Tier at any time. If you do, we will:

• take reasonable steps to promptly provide you with access to the new Subscription Tier; and
• upon providing such access, apply the new, relevant Subscription Fees to the Renewal Period immediately following the period in which your access to the new Subscription Tier was provided.

If you choose to downgrade your Subscription, access to the new Subscription Tier and the new Subscription Fees will kick in at the start of the next Renewal Period, unless we notify you otherwise. We generally do not pro-rate downgrades in between Renewal Periods, however we reserve the right to from time to time.

If you choose to downgrade your Subscription, you acknowledge and agree we are not liable, and you release us from all claims in relation to, any loss of content, features, or capacity, including any User Data.

Cancellation

Cancellation at Any Time

We may cancel or terminate your Subscription for convenience by providing you with 7 days' written notice.

Cancellation for Breach

Either party may cancel your Subscription immediately by written notice if there has been a Breach of these Terms.

A "Breach" of these Terms means:

• a party (Notifying Party) considers the other party is in breach of these Terms and notifies the other party;
• the other party is given 10 Business Days to rectify the breach; and
• the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.

Effect of Termination

Upon termination of this agreement:

• you will no longer have access to the Platform, your Account or your User Data and we will have no responsibility to store or otherwise retain any User Data;
• unless agreed in writing, any Subscription Fees that would otherwise have been payable after termination for the remainder of the relevant Renewal Period will remain payable and, to the maximum extent permitted by law, no Subscription Fees already paid will be refundable; and
• each party must comply with all obligations that are by their nature intended to survive the end of this agreement, including without limitation liability caps, intellectual property and confidentiality.

Dispute Resolution

A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

Force Majeure

We will not be liable for any delay or failure to perform our obligations under this agreement if such delay or failure arises out of a Force Majeure Event.

If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of reasonable details of the Force Majeure Event and, so far as is known, the probable extent to which we will be unable to perform or be delayed in performing our obligations under this agreement.

For the purposes of this agreement, a "Force Majeure Event" means any:

• act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
• strikes or other industrial action outside of our control;
• war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
• any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond our reasonable control, to the extent it affects our ability to perform our obligations.

Notices

A notice or other communication to a party under these Terms must be:

• in writing and in English; and
• delivered by email — for notices to you, to the email address used to register your Account; and for notices to us, to the email address listed on the contact page of the Website.

Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered, notice will be taken to be given 24 hours after the email was sent (or on the next business day if that falls on a weekend or public holiday), or when replied to by the other party, whichever is earlier.

General

Governing Law and Jurisdiction

This agreement is governed by the law applying in Victoria. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Severance

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

Joint and Several Liability

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

Assignment

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

Entire Agreement

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

Interpretation

• (singular and plural) words in the singular includes the plural (and vice versa);
• (currency) a reference to $, or "dollar", is to Australian currency;
• (gender) words indicating a gender includes the corresponding words of any other gender;
• (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
• (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
• (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
• (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement;
• (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
• (headings) headings and words in bold type are for convenience only and do not affect interpretation;
• (includes) the word "includes" and similar words in any form is not a word of limitation; and
• (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Definitions