END USER LICENSE AGREEMENT AND PRIVACY POLICY FOR TOMBO, INC. - CREATORS OF THE RECRUITERGPT APPLICATION

IMPORTANT - READ CAREFULLY:

This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity)(“user” or “you” or “your organization” or “your business” or “your company”) and Tombo, Inc. (“Tombo” or “RecruiterGPT”) the creator of RecruiterGPT, governing your use of the Software Application ("Application" or “application” or “software” or “AI” or “Artificial Intelligence”) as well as the acceptable use of the Application for Job Candidates (“candidates”). By clicking on the "I Accept" or “I Agree” button, installing, or using the Application, you agree to be bound by the terms of this Agreement.

1. License Grant:

Tombo, Inc. grants you a non-exclusive, non-transferable, limited license to use the Application in accordance with this Agreement. The license is granted solely for the purpose of communications between recruiters, HR professionals and job candidates. Furthermore, no communications to job candidates that involve the purchase of any goods or services is allowed.

2. Changes to Pricing:

Tombo, Inc. strives to make a useful free version of RecruiterGPT, but reserves the right to modify, amend, or change the pricing of the Application at any time and without notice, except as may be required by applicable law. Any changes to the pricing of the Application will be effective immediately upon posting of the updated pricing on the Application, or upon sending you a notice of the changes by email or in-app notification.

3. Privacy:

This Privacy Policy section governs the manner in which Tombo, Inc. collects, uses, maintains and discloses information collected from users of the AI Software Application (the "Application"). This Privacy Policy applies to the Application and all products and services offered by Tombo, Inc.

A. Personal Information Collection

Tombo, Inc. may collect personal identification information from users in a variety of ways, including but not limited to, when users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Application. We will collect personal identification information from users only if they voluntarily submit such information to us. Users can always refuse to supply personally identifiable information, except that it may prevent them from engaging in certain Application-related activities.

For users of the Application, Tombo, Inc. may at its discretion collect such data as: CVs of job candidates, online professional profiles, human annotated notes or decisions about CVs and job candidates, data and emails between you and job candidates, notes taken about the job candidates, job descriptions connected to job candidates and other information used by the Application to assist the User in becoming more efficient or improving the Application. Tombo, Inc. may at its discretion use such data to further develop new features of the Application that may become paid features in the future.

B. Non-Personal Information Collection

Tombo, Inc. may collect non-personal identification information about users whenever they interact with our Application. Non-personal identification information may include the browser name, the type of computer and technical information about users’ means of connection to our Application, or other information such as the operating system and the Internet service providers utilized.

C. How We Use Collected Information

Tombo, Inc. may collect and use users' personal information for the following purposes:

  • To improve customer service: Information you provide helps us respond to your customer service requests and support needs more efficiently.
  • To personalize user experience: We may use information in the aggregate to understand how our users as a group use the services and resources provided on our Application.
  • To improve our Application: We may use feedback you provide to improve our products and services.
  • To increase the usefulness of our databases for both training the AI, making the Application better and to deliver a better experience to users and job candidates.
  • To process payments: We may use the information users provide about themselves when placing an order only to provide service to that order.
  • To send periodic emails: We may use the email address to send users information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.

D. Sharing Your Personal Information

Tombo, Inc. may sell, trade, or rent users' limited personal information of job candidates to users who are professional recruiters or HR professionals in order to communicate about job opportunities and career-related engagements. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners and may list those business partners on tombo.ai or recruitergpt.com.

E. Compliance with California Privacy Laws, GDPR, NYC AI Act, CAN SPAM and Other Regulations and Non-Acceptable Usage of the Application

Tombo, Inc. is committed to complying with California Privacy Laws, including the California Consumer Privacy Act (CCPA). We provide California consumers with the right to access, delete, and opt-out of the sale of their personal information. If you are a California consumer and would like to exercise your rights under CCPA, please contact us using the information provided in Section 9 to privacy@tombo.ai.

Tombo, Inc. is committed to complying with the General Data Protection Regulation (GDPR) and ensuring the privacy and security of your personal data. Our recruiting application has been designed to have best efforts to adhere to GDPR standards, including data minimization, encryption, and the right to erasure. We implement reasonable security measures to protect your data and provide you with full control over your personal information within the confines of GDPR as it relates to both you as the user and candidates you contact, however, Tombo, Inc. can not control how you use RecruiterGPT’s features and thus can not be ultimately liable for how you use the application’s messaging and communications features.

The New York City AI Act aims to provide a legal framework for the use of automated employment decision tools. It is designed to ensure fairness, accountability, and transparency when employers in New York City use AI-driven systems to assess job applicants. Tombo, Inc strives to allow you to have features that enable you, as part of a broader compliance program within your organization, to partly comply with this act as it relates to use of the Application, however - it is up to you or your organization to ensure you are following New York City’s overall guidelines and framework for full compliance. Tombo, Inc. can only supply some features that may allow you to comply in part, but the broader efforts of ensuring compliance such as: hiring an audit firm, using objective versus subjective AI-based decisions in hiring or promoting employees, obtaining legal consultation, creating compliance policies and responding to candidate applicant inquiries are out of the scope of Tombo, Inc’s software.

You also agree that you will not use RecruiterGPT for: spam, sales communications, competitive intelligence, corporate research, or any other use of the application that does not involve the efforts of sourcing, recruiting or staffing job candidates for employment. You agree that you are using the Application as a recruiter, sourcer, staffing agent or some form of human resources professional only.

By using RecruiterGPT you are assuming all liability for violations of the New York City AI Act, the CCPA, GDPR, CAN SPAM, TCPA and any other federal, country or local laws and regulations concerning both outbound communications to job seekers and compliance with any regulations, acts or laws that pertain to you or your business.

F. Changes to This Agreement

Tombo, Inc. reserves the right to update this Agreement at any time. When we do, we will revise the updated date at the bottom of this page. We encourage users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect.

G. Your Acceptance of These Terms

By using this Application, you signify your acceptance of this End User License Agreement and Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Application. Your continued use of the Application following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.

H. Contacting Us

If you have any questions about this Privacy Policy, the practices of this Application, or your dealings with this Application, please contact us at:
support@tombo.ai

4. Warranties and Representations

The Application is provided "as is" and Tombo, Inc. makes no warranties or representations of any kind, whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, data accuracy, the accuracy of the AI, and non-infringement. You acknowledge that the Application and its AI models may contain errors or bugs and that Tombo, Inc. does not warrant that the Application will be error-free or uninterrupted.

Tombo, Inc. relies on 3rd party data providers for some of the information processed by the application including but not limited to: candidate emails, CVs and profiles of candidates, and other public and private data. By using the application you agree that Tombo, Inc. is not in any way liable for inaccuracies in such data and that you assume all responsibility and liability for use of the applications and its data whether that data is owned by Tombo, Inc. or is obtained thru 3rd party data providers. You can email support@tombo.ai for a list of potential 3rd party data providers currently used by the application if Tombo, Inc. is obligated to provide such data to you in the jurisdiction of your organization, and only if your request fully identifies you thru government documentation as well as your organization’s legal corporate identification and documented legal obligation by Tombo, Inc. to comply with such request.

5. Email Reading and User Data

You acknowledge and agree that the Application’s AI systems will read your messages to candidates and other Application users conducted through the Application as they are processed by the Application in order to function and improve the user experience and job candidate experience. You further acknowledge and agree that Tombo, Inc. has the right to use such message content and other user data to improve the Application. All such data collected by the Application becomes the sole property of Tombo, Inc.

6. Free and Possible Paid Versions

While Tombo, Inc. strives to make a free version available for all Users, Tombo, Inc. may create paid versions of the Application in the future, and may require free Users to upgrade to a paid version should their usage create compute fees or support fees that are economically non-viable for Tombo, Inc. to support. All potential future pricing will be published on recruitergpt.com.

7. Termination

Tombo, Inc. may terminate this Agreement at any time for any reason by notifying you in writing. Upon termination, you must immediately cease all use of the Application and destroy all copies of the Application. Tombo, Inc. reserves the right to delete all user data and records upon such termination.

8. Limitation of Liability:

In no event shall Tombo, Inc. be liable for any damages (including, without limitation, damages for violations of local, state, federal or country regulations, the loss of business profits, damage to your organization’s reputation, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Application, even if Tombo, Inc. has been advised of the possibility of such damages.

In no event shall Tombo, Inc. be liable for: lost emails, lost messages, inaccurate emails, inaccurate messages, lost data, misreported data, misused data, stolen data, misappropriated data, damage to you or your business, complaints or lawsuits from job candidates as a result of your use of the Application, downtime in the Application, fines from government or regulatory agencies or any other damages or liabilities caused by the use of RecruiterGPT.

By using the application, you are assuming sole responsibility for the use of RecruiterGPT as well as any implications, damages, fees, fines, lost wages, lost data or any other damages that may incur as the result of using the Application.

You understand that AI (or artificial intelligence) may hallucinate content and misreport or misinterpret data, and that in no way shall Tombo, Inc. be responsible for any such errors or inaccuracies by the AI models used by the Application.

In the event that a court of competent jurisdiction finds Tombo, Inc. liable for any damages or losses arising from your use of the Application, you agree that Tombo, Inc.'s maximum liability to you shall be limited to the total amount paid by you to Tombo, Inc. for the Application. This limitation of liability shall apply regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise.

You also agree that by using RecruiterGPT, you will assume and pay for any court costs and legal costs that Tombo, Inc. incurs in the event of a lawsuit or legal complaint or filing against Tombo, Inc. by you or your organization should Tombo, Inc. become the prevailing party. You also agree that Tombo, Inc. is entitled to any court fees and legal costs incurred because of you or your organization’s violation of the terms of this Agreement should Tombo, Inc. file a lawsuit or legal complaint against you or your organization and should Tombo, Inc. be found to be the prevailing party.

9. Governing Law and Jurisdiction:

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and any dispute arising out of or in connection with this Agreement shall be adjudicated in the state or federal courts located in Hillsborough County, Tampa, Florida. Each party hereby consents to the exclusive jurisdiction of such courts and waives any objections thereto based on venue, inconvenience of the forum, or lack of personal jurisdiction.

10. Compliance with Laws:

You acknowledge and agree that you will use the Application in compliance with all applicable local and federal laws, regulations, and industry standards related to data protection, including but not limited to the General Data Protection Regulation (GDPR), CAN SPAM, the New York City AI Act, the EU AI Act, and the California Consumer Privacy Act (CCPA). You further acknowledge and agree that both you and Tombo, Inc. have implemented appropriate technical and organizational measures to ensure the ownership, compliance of, security and confidentiality of personal information processed through the Application.

11. Data Controller:

Tombo, Inc. may at times act as a data controller for the personal information it collects from users of the Application. Tombo, Inc. is committed to complying with all applicable local and federal laws related to data protection, including but not limited to the GDPR and the CCPA.

12. User-Generated Data and Feedback:

If you provide any feedback, suggestions, or ideas to Tombo, Inc. regarding the Application, or if you contribute any user-generated data to the Application, including but not limited to candidate information, resumes, and communication history, whether through the Application or otherwise, you grant Tombo, Inc. a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such feedback, suggestions, ideas, or user-generated data, without any obligation to compensate you or to provide attribution to you.

13. Changes to Agreement

Tombo, Inc. reserves the right to modify, amend, or change this Agreement at any time and without notice, except as may be required by applicable law. Any changes to this Agreement will be effective immediately upon posting of the updated Agreement on the Application or tombo.ai or recruitergpt.com. Your continued use of the Application after any such changes shall constitute your consent to such changes.

14. Ownership of Data

You acknowledge that you are providing feedback to Tombo, Inc. for the purpose of improving the accuracy of the AI. You further acknowledge and agree that all data, including any feedback, communications with candidates and other users, suggestions, or ideas that you provide to Tombo, Inc. regarding the Application, whether through the Application or otherwise, may be used to improve the Application, for future features of the Application that may be paid features or for some other business purpose.

By using the Application, you consent to Tombo, Inc.'s collection, use, storage, and disclosure of your personal information and user-generated and user uploaded data in accordance with this Agreement and Tombo, Inc.'s Privacy Policy. If you do not agree to the terms of this Agreement, do not download or use the Application.

15. Prohibited Use

Users of the Application are prohibited from engaging in the following activities:

  • Attempting to download or extract any data or information from the Application, including candidate information, resumes, and communication history or jailbreak the AI or understand how the AI models work.
  • Attempting to share or resell any data or information obtained through the Application;
  • Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Application.
  • Using the Application to sell job candidates on services or products not exclusively related to offering employment.
  • Using the Application for competitive intelligence, corporate research, or other purposes in an attempt to create competing products or services to the Application or Tombo, Inc. in the future.
  • Using any data mining, robots, or similar data gathering or extraction methods in connection with the Application.
  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  • Violating any applicable local, state, national, or international law or regulation, including, without limitation, any data protection or privacy laws.
  • Interfering with or disrupting the operation of the Application or the servers or networks used to make the Application available, including by hacking or defacing any portion of the Application.

You agree that you will not use RecruiterGPT to steal the Application’s code or data, to reverse engineer any part of the application, to steal the designs or user experience, or to obtain the identity of the application’s users or creators. Furthermore, attempting to do so may create significant economic damages and opportunity cost to Tombo, Inc. that you or your organization agree to be liable for.

16. Intellectual Property Rights

All intellectual property rights in the Application and any content or data provided through the Application, including without limitation candidate information, resumes, and communication history, are owned by Tombo, Inc. or its licensors. Users are granted no rights in or to the Application or any such content or data other than the limited right to use the Application in accordance with this Agreement.

Users acknowledge and agree that any violation of the above provisions may result in immediate termination of their use of the Application, and may result in legal action against them by Tombo, Inc. or other affected parties.

17. Permitted Communications

Users of the Application may communicate with job candidates for the sole purpose of discussing job opportunities and relevant job-related information. Under no circumstances may recruiters or users of the Application send non job-offer related messages to job candidates thru the Application.

Users of the Application are responsible for complying with all applicable laws and regulations related to electronic communication, including but not limited to the CAN-SPAM Act and the Telephone Consumer Protection Act (TCPA) as well as GDPR. Users must ensure that all messages sent through the Application comply with such laws and regulations, including by providing accurate and truthful information about the identity of the sender and including an opt-out mechanism for recipients which can be inserted by you as a call to action or a link within the email settings of the Application.

Users acknowledge and agree that any violation of the above provisions may result in immediate termination of their use of the Application, loss of their data, and may result in legal action against them by Tombo, Inc. or other affected parties.

Users and others can contact Tombo, Inc. at support@tombo.ai 

LAST POSTED OCTOBER 31, 2023