Effective Date: 11/7/25
THESE TERMS CONTAIN IMPORTANT LIMITATIONS ON LIABILITY, WARRANTY DISCLAIMERS, AND A REQUIREMENT FOR MANDATORY BINDING ARBITRATION AND WAIVER OF CLASS ACTION RIGHTS. PLEASE READ THEM CAREFULLY.
These Terms of Service (the “Terms” or “Agreement”) constitute a legally binding agreement between you (“User,” “Customer,” or “You”) and 5 Pebbles LLC (“Company,” “We,” or “Us”) governing your use of the AI-powered resume analysis, career reporting, and interview advice services (the “Service”). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1. Definitions
- AI Agent: The autonomous machine learning system capable of planning, executing multi-step tasks, and interacting with external services to generate the Output.
- Input: The data, documents (including resumes), commands, or natural language prompts provided by the Customer or User to initiate the Service’s task.
- Output: The generative content, action, or decision resulting from the Service or AI Agent’s execution, specifically including resume analyses, career reports, or suggested professional strategies.
- Service: The AI-powered resume analysis, career report generation, and related tools provided by 5 Pebbles LLC, which may include the use of AI Agents and Third-Party Services.
- Third-Party Services: Any external APIs, databases, or software components utilized dynamically by the AI Agent to fulfill a task.
2. Critical Disclaimers and Limitations on Output
2.1. No Professional Advice Disclaimer
The Service operates in a sensitive professional area. To manage liability exposure, we do not offer professional guarantees.
THE SERVICE AND ALL OUTPUT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. You acknowledge and agree that the Output does not constitute and should not be relied upon as a substitute for professional, legal, financial, or medical advice, or specific career coaching from a qualified professional. Any content regarding these topics is provided for informational purposes only, and your reliance upon the Output is at your own discretion and risk.
2.2. Accuracy and Hallucination Disclaimer
You recognize that generative AI models can produce false or misleading information.
We do not warrant the accuracy, completeness, or reliability of any Output. You recognize and acknowledge that the Service leverages Artificial Intelligence which may, on occasion, provide inaccurate, incomplete, or unexpected content (“Hallucination Output”). We will not be liable for any damages or losses arising from your reliance on, or misuse of, the AI-generated Output.
2.3. User’s Duty of Validation
You bear the final responsibility for the information and advice generated by the AI.
You must carefully review and validate all Output before relying on it or acting upon it, particularly if the Output may impact your professional, financial, or legal standing. By using the Service, you contractually assume the entire risk of reliance on the Output.
3. Intellectual Property Rights
3.1. Ownership of Input (Customer Data)
You retain ownership of your original data, but grant us a license to use it to provide the Service.
You retain all rights and ownership of your Input (prompts, uploaded documents, resumes, and associated personal data). You grant us a non-exclusive, worldwide, royalty-free license to use, copy, and process the Input solely for the purpose of providing, maintaining, and improving the contracted Service to you.
3.2. Ownership of Output (Career Reports)
The legal status of AI-generated content is unsettled. We manage this risk by disclaiming ownership while refusing liability for IP infringement.
We do not claim ownership of intellectual property rights in any Output and do not contest any Customer claim to own such rights, in each case except to the extent that the Output includes our pre-existing proprietary assets.
NO IP WARRANTY: You recognize and agree that any Output may include content subject to third-party intellectual property rights derived from the model’s training data, and we offer no representation or warranty to the contrary, express or implied. You agree that Output that is not capable of intellectual property protection (due to lack of human authorship or other legal precedent) may be unprotected against third-party copying and use.
3.3. No Use of Data for General Model Training
We will not use your Input or the resulting Output to train, refine, modify, or improve our proprietary AI Agent model or any other large language model (LLM). Your data is used strictly for the purpose of generating the requested Output (career reports/analysis), maintaining service security, and technical troubleshooting. This prohibition is central to our commitment to your data privacy.
4. Acceptable Use and Prohibited Conduct (AUP)
You must use the Service responsibly and not attempt to exploit or misuse the AI Agent.
You agree not to use the Service to:
- Circumvention and Deception: Attempt to bypass or circumvent any safety features, content filters, or technical limitations. This explicitly includes attempts at jailbreaking the model or prompt injection (injecting hidden or malicious instructions into inputs to override the system prompt).
- Misrepresentation: Misrepresent the provenance of generated content by claiming it was created solely by a human, in order to deceive or facilitate misleading claims of expertise in sensitive areas.
- Benchmarking: Use the Output or Service for benchmarking or competitive analysis aimed at developing competing products or services.
- Sensitive Data: Input, transmit, or store any Sensitive Personal Data (SPD), such as health information, financial account numbers, or PCI data, unless specifically agreed upon in writing.
5. Agentic Risk and Third-Party Services
Your use of the Service may involve dynamic data sharing with external APIs.
The Service may utilize Third-Party Services (external APIs, platforms, or tools) to execute tasks. You agree to the dynamic transfer of necessary data (which may include personal information) to these authorized Third-Party Services as required to fulfill your requested task. We are not responsible for the availability, security, functionality, or data handling practices of these Third-Party Services. Your interaction with any Third-Party Services is at your own risk.
6. Warranties and Limitation of Liability
6.1. Warranty Disclaimer
THE SERVICES ARE PROVIDED “AS IS.” To the maximum extent permitted under applicable law, we make no and hereby disclaim all other warranties, representations, or implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that all errors can be corrected.
6.2. Limitation of Liability (LoL)
Our liability is capped to ensure financial stability proportional to the fees you pay.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including, without limitation, loss of business, loss of revenue, loss of profit, or loss of data, regardless of the cause.
Our total aggregate liability for any and all claims arising out of or relating to this Agreement or the Service shall be strictly limited to the total fees you paid us in the twelve (12) months preceding the claim.
6.3. Customer Indemnification
You agree to indemnify us against claims resulting from your misuse of the Service or reliance on the Output.
You shall indemnify, defend, and hold harmless the Company against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your Input infringing a third party’s intellectual property rights ; (ii) your use of the Services in violation of these Terms or the AUP (including prompt injection and jailbreaking) ; or (iii) any claims arising from your reliance on or misuse of the AI-generated Output.
7. Dispute Resolution
7.1. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, county of Lake, without regard to principles of conflicts of laws. You agree to submit to the exclusive jurisdiction of the State and Federal courts in Lake County, Illinois in connection with any proceeding or dispute arising in connection herewith.
7.2. Mandatory Binding Arbitration and Class Action Waiver
You agree that all claims arising out of or relating to this Agreement or your use of the Services shall be finally settled by binding arbitration. You expressly waive any right to participate in a class action lawsuit or class action arbitration. This limits each party to arbitrating individual claims.
8. Amendments to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes through our Services or via email. For material changes (e.g., changes to liability caps or arbitration clauses), your continued use of the Service after the effective date of the change constitutes your acceptance of the updated Terms. We may require you to affirmatively accept the updated agreement (clickwrap) before you can continue to use the Service.