Terms of Service — Lailani.ai

Agreement to These Terms

These Terms of Service (“Terms”) are a legally binding agreement between you and PlayCV, Inc. (“PlayCV”, “we”, “us”, or “our”) and govern your access to and use of Lailani.ai, PlayCV.ai, and any related websites, applications, platforms, products, tools, AI features, software, content, subscriptions, and services operated by PlayCV (collectively, the “Services”).

By accessing or using the Services, creating an account, starting a session, submitting content, purchasing a subscription, clicking to accept these Terms, or otherwise indicating acceptance, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Services.

If you use the Services on behalf of a company, university, school, employer, government body, nonprofit, accelerator, or other organization, you represent that you have authority to bind that organization to these Terms. In that case, “you” and “your” refer to both you individually and that organization, unless the context requires otherwise.

These Terms should be read together with our Privacy Policy, which explains how we collect, use, disclose, retain, and protect personal information, and our Cookie Policy, which explains our use of cookies and similar technologies.

Definitions

Account means a registered account used to access the Services.
AI Features means features that use artificial intelligence, machine learning, large language models, computer vision, speech analysis, audio analysis, avatar technology, or related technologies to provide coaching, feedback, analysis, simulations, summaries, recommendations, or outputs.
AI Output means any content, analysis, feedback, recommendation, score, summary, simulation, report, or other output generated by or through the AI Features.
Communication Analysis Data has the meaning given in our Privacy Policy and generally refers to information generated from analyzing how a user communicates, including speech, tone, pace, fluency, eye contact, posture, gestures, delivery style, response timing, and similar communication signals.
Content means any text, audio, video, image, file, data, information, material, feedback, report, output, communication, or other content made available through the Services.
Enterprise Customer means an employer, university, school, company, institution, organization, or other customer that purchases, sponsors, administers, or otherwise makes the Services available to users.
Fees means any fees, charges, subscription amounts, usage charges, taxes, or other amounts payable for access to or use of the Services.
PlayCV Content means Content owned by or licensed to PlayCV, including software, platform design, user interface elements, AI systems, prompts, workflows, methodologies, templates, reports, coaching frameworks, documentation, branding, trademarks, logos, and other proprietary materials.
Services means Lailani.ai, PlayCV.ai, and any related websites, applications, platforms, products, tools, AI features, software, content, subscriptions, and services operated by PlayCV.
Subscription means a paid plan, package, license, or arrangement that provides access to certain Services.
User Content means any content, data, or materials you submit, upload, record, generate, transmit, or otherwise provide through the Services, including videos, audio recordings, transcripts, CVs, resumes, cover letters, LinkedIn profiles, written responses, prompts, messages, documents, presentations, and communication materials.

Eligibility

You may use the Services only if you:

are at least 16 years old;
have the legal capacity to enter into these Terms;
are not prohibited from using the Services under applicable law;
are not located in, ordinarily resident in, or organized under the laws of a country or territory subject to comprehensive sanctions applicable to PlayCV; and
are not listed on any sanctions, restricted-party, or denied-party list applicable to PlayCV.

If you are between 16 and 18 years old, you must use the Services only with permission from a parent or legal guardian where required by law.

We may restrict access to the Services in certain jurisdictions or for certain users where required by law, business risk, sanctions, export controls, security concerns, or operational limitations.

Accounts

To access certain features, you may need to create an Account. You agree to provide accurate, current, and complete information and to keep your Account information up to date.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. You must not share your Account, sell access to your Account, allow unauthorized access, or create multiple Accounts to avoid usage limits, payment obligations, suspension, or other restrictions.

You must notify us promptly at support@playcv.ai if you believe your Account has been compromised or used without authorization.

We may suspend or terminate your Account if we reasonably believe that information you provide is inaccurate, your Account has been compromised, you have violated these Terms, or your use creates legal, security, operational, or reputational risk.

Description of the Services

PlayCV provides AI-powered communication coaching, interview practice, presentation support, professional development, and related tools.

The Services may include:

AI-powered communication analysis and feedback;
video, audio, written, and simulated practice sessions;
interview, pitch, presentation, leadership, sales, networking, or other communication scenarios;
personalized coaching insights and development recommendations;
career communication and professional development tools;
educational resources, reports, dashboards, and progress tracking;
avatar, voice, video, or interactive simulation tools;
enterprise, institutional, or team-based features; and
other tools, products, or features we may introduce over time.

The Services are designed to support personal development, communication improvement, and practice. They are not designed to make or replace decisions by employers, universities, recruiters, admissions officers, managers, investors, customers, regulators, courts, medical professionals, therapists, lawyers, financial advisers, or other third parties.

We may modify, update, improve, suspend, remove, replace, or discontinue any part of the Services at any time, subject to applicable law and any specific written agreement we have with you.

What the Services Are Not

The Services are not:

a recruitment agency, employer, job placement service, or hiring platform;
a university, school, admissions service, or educational decision-maker;
a licensed therapy, psychology, counseling, medical, or mental health service;
a legal, financial, immigration, tax, medical, psychological, or other professional advisory service;
a tool for lie detection, credibility assessment, surveillance, background checking, or employment screening;
a guarantee of employment, admission, promotion, funding, sales success, interview success, communication improvement, or any particular outcome.

Any feedback, analysis, recommendation, report, score, or AI Output is provided for informational, educational, practice, and coaching purposes only.

You are responsible for your own decisions, actions, applications, interviews, presentations, communications, and professional outcomes.

Recording and Communication Analysis

Certain Services may record, process, or analyze video, audio, speech, transcripts, prompts, written responses, facial expressions, eye contact, posture, gestures, tone, pace, fluency, response timing, delivery style, and other communication signals.

By starting or participating in a session that involves recording or analysis, you acknowledge that the Services may record, process, and analyze your User Content and Communication Analysis Data to provide feedback and related Services.

Where legally required, certain AI Features, biometric-like analysis, or recording features may require separate notice and consent before use. If you do not provide required consent, you may not be able to use those features.

You must not record, upload, or analyze any person through the Services unless you have all rights, permissions, notices, and consents required by applicable law.

Subscriptions, Fees, and Payment

We may offer free, trial, paid, enterprise, promotional, or usage-based plans.

If you purchase a Subscription or other paid Service, you agree to pay all applicable Fees disclosed at the time of purchase or otherwise agreed in writing.

Unless otherwise stated:

Fees are billed in advance;
Subscriptions renew automatically until canceled;
you authorize us and our payment processors to charge your selected payment method for recurring Fees, taxes, and other charges;
you are responsible for keeping payment information accurate and current; and
failure to pay may result in suspension, downgrade, or termination of access.

Payments may be processed by third-party payment processors. We do not store complete payment card numbers.

Trials, Promotions, and Beta Access

We may offer free trials, promotional offers, credits, discounts, beta access, early-access features, or experimental functionality.

Additional terms may apply to these offers. We may modify, limit, withdraw, or end trials, promotions, beta features, or experimental access at any time.

Unless otherwise stated, only one free trial or promotional offer may be used per person, organization, payment method, or Account.

Beta, preview, experimental, or early-access features are provided for testing and evaluation. They may be incomplete, unavailable, inaccurate, unstable, or discontinued at any time. They are provided “as is” and may be subject to additional limitations.

Renewal, Cancellation, and Refunds

Subscriptions renew automatically at the end of each billing period unless canceled before renewal.

You may cancel your Subscription at any time through your Account settings where available, or by contacting support@playcv.ai. Cancellation takes effect at the end of your current billing period. You will retain access to paid features through the end of that period, unless your Account is suspended or terminated for breach of these Terms.

Monthly Subscriptions

If you cancel a monthly Subscription, no refund is issued for the unused portion of the current billing period.

Annual Subscriptions

If you cancel an annual Subscription, no refund is issued for unused months remaining on the annual term. Annual Subscriptions are billed at a discounted rate compared to monthly billing, and this discount reflects your commitment to the full annual term.

Unused Sessions

Each Subscription tier includes a monthly allocation of sessions. Unused sessions do not carry over between billing periods and expire at the end of each billing period, whether you are on a monthly or annual Subscription. No refund, credit, or other compensation is issued for unused sessions.

Upgrades

If you upgrade your Subscription tier, the change takes effect immediately. You will be charged a prorated amount for the remainder of the current billing period, based on the price difference between your previous tier and your new tier.

Downgrades

If you downgrade your Subscription tier, the change takes effect at the start of your next billing period. No refund or credit is issued for the price difference between tiers for the remainder of the current billing period.

General

Fees are otherwise non-refundable except where required by applicable law or expressly stated in writing by PlayCV.

Nothing in this section limits any non-waivable consumer rights you may have under applicable law.

Price Changes and Taxes

We may change prices, billing methods, plan features, usage limits, or Subscription terms from time to time.

For existing paid subscribers, we will provide advance notice of material price increases where required by law or where we otherwise determine appropriate. If you do not agree to a price change, you may cancel your Subscription before the change takes effect.

Fees are exclusive of taxes unless stated otherwise. You are responsible for applicable taxes, duties, levies, and government charges. Where required by law, we or our payment processors may collect and remit taxes.

Usage Limits and Fair Use

We may apply usage limits, rate limits, session limits, storage limits, fair-use restrictions, API limits, or other technical or operational restrictions to protect the Services, manage costs, prevent abuse, and ensure availability.

If your use exceeds normal or permitted limits, we may restrict, throttle, suspend, or require you to upgrade your plan or enter into a separate agreement.

You must not attempt to bypass, manipulate, or evade usage limits, billing limits, technical restrictions, or plan restrictions.

User Content Ownership

You retain ownership of your User Content.

Except for the rights you grant us under these Terms, PlayCV does not claim ownership of your User Content.

You are solely responsible for your User Content, including its accuracy, legality, appropriateness, and the rights required to submit, upload, record, process, or share it through the Services.

License to User Content

You grant PlayCV a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, copy, process, transmit, display, analyze, transform, create technical derivatives of, and otherwise use your User Content as reasonably necessary to:

provide, operate, and maintain the Services;
generate AI Output and coaching feedback;
process recordings, transcripts, prompts, documents, and communication materials;
secure, monitor, and troubleshoot the Services;
provide customer support;
detect and prevent fraud, abuse, security incidents, and misuse;
comply with legal obligations;
enforce these Terms;
improve, test, and develop the Services in accordance with these Terms and our Privacy Policy.

This license continues for as long as needed for the purposes described above, subject to our Privacy Policy and applicable law.

User Content Representations

You represent and warrant that:

you own or have all rights, licenses, permissions, and consents required to submit, upload, record, process, and use your User Content through the Services;
your User Content does not violate any law, contract, confidentiality obligation, privacy right, publicity right, intellectual property right, employment obligation, school policy, or third-party right;
you have obtained all required notices and consents from any person whose voice, image, likeness, personal information, biometric information, confidential information, or intellectual property appears in your User Content;
your User Content is not unlawful, harmful, defamatory, obscene, abusive, discriminatory, deceptive, or otherwise prohibited by these Terms; and
your use of the Services will comply with all applicable laws.

AI Output

Subject to your compliance with these Terms, you may use AI Output generated for you through the Services for your personal, professional, educational, or internal business purposes.

AI Output may be similar or identical for different users because AI systems may generate similar responses to similar prompts or inputs. You acknowledge that AI Output may not be unique.

PlayCV does not guarantee that AI Output is accurate, complete, reliable, suitable, lawful, non-infringing, unbiased, or appropriate for your specific circumstances.

You are responsible for reviewing, evaluating, verifying, and deciding whether and how to use AI Output.

You must not represent AI Output as human-generated where doing so would be deceptive, unlawful, or misleading.

AI Limitations and User Responsibility

AI systems are probabilistic and may produce incorrect, incomplete, misleading, outdated, biased, offensive, or unsuitable outputs.

You acknowledge that:

AI Output is not professional advice;
AI Output should not be relied on as the sole basis for decisions;
AI Output may not account for your full circumstances, culture, context, goals, qualifications, or communication environment;
AI systems may reflect limitations, errors, or biases in data, design, prompts, models, or interpretation;
AI Features may change over time, including through changes to models, providers, prompts, methods, interfaces, or scoring approaches.

You are responsible for using human judgment and, where appropriate, seeking qualified professional advice before making decisions based on AI Output.

AI Training and Service Improvement

Our use of User Content for AI training, product improvement, and model development is governed by these Terms and our Privacy Policy.

We do not use your identifiable User Content to train general-purpose third-party AI models unless we disclose this to you and have a lawful basis to do so.

We may use de-identified, aggregated, or anonymized information to improve, evaluate, test, secure, and develop the Services, including AI feedback quality, reliability, safety, coaching recommendations, user experience, and product functionality.

If we introduce new uses of identifiable User Content for AI training or model development, we will provide appropriate notice and obtain consent where required by law.

Acceptable Use

You must use the Services only for lawful, authorized, and appropriate purposes.

You must not:

violate any applicable law or regulation;
infringe intellectual property, privacy, publicity, confidentiality, employment, contractual, or other rights;
upload or process content without required rights, notices, or consents;
upload malware, viruses, spyware, ransomware, or harmful code;
attempt to gain unauthorized access to the Services, systems, models, networks, accounts, data, or infrastructure;
probe, scan, or test vulnerabilities without written permission;
interfere with or disrupt the Services;
circumvent authentication, security, safety, billing, usage, or rate-limit controls;
reverse engineer, decompile, disassemble, copy, extract, or derive source code, model weights, architecture, prompts, systems, algorithms, or underlying technology except where law expressly prohibits restriction;
scrape, crawl, harvest, mine, or extract data from the Services without written permission;
use automated systems, bots, scripts, or agents to access the Services except as authorized by us;
use the Services to develop, train, benchmark, or improve a competing product or service without written permission;
attempt model extraction, prompt extraction, prompt injection, jailbreaks, safety bypasses, or unauthorized manipulation of AI systems;
use the Services to generate or distribute unlawful, deceptive, harmful, abusive, discriminatory, harassing, defamatory, obscene, violent, exploitative, or infringing content;
impersonate any person or misrepresent your identity or affiliation;
use the Services for surveillance, lie detection, background checks, employment screening, medical diagnosis, psychological assessment, or other prohibited sensitive uses;
use the Services to make automated decisions with legal or similarly significant effect about another person;
sell, resell, sublicense, rent, lease, or commercially exploit the Services except as expressly authorized;
share, transfer, or resell Accounts or access credentials;
abuse free trials, promotions, credits, or referral programs;
use the Services in violation of sanctions, export controls, or restricted-party rules.

We may investigate suspected violations and take appropriate action, including limiting, suspending, or terminating access.

Intellectual Property

PlayCV and its licensors own all rights, title, and interest in and to the Services, PlayCV Content, software, systems, technology, AI models and configurations, prompts, workflows, user interfaces, designs, databases, documentation, coaching frameworks, analysis methods, templates, reports, trade secrets, know-how, trademarks, logos, and other intellectual property.

Except as expressly stated in these Terms, no rights are granted to you in or to the Services or PlayCV Content.

You may not copy, modify, distribute, sell, lease, sublicense, create derivative works from, publicly display, publicly perform, frame, mirror, reverse engineer, or otherwise exploit the Services or PlayCV Content except as expressly permitted by these Terms or applicable law.

License to Use the Services

Subject to your compliance with these Terms and payment of applicable Fees, PlayCV grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, professional, educational, or internal business purposes, in accordance with your plan, these Terms, and applicable law.

This license does not allow you to use the Services to provide services to third parties, build competing products, resell access, or commercially exploit the Services unless expressly authorized in writing.

Feedback

If you provide ideas, suggestions, comments, improvements, requests, or other feedback about the Services (“Feedback”), you grant PlayCV a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, disclose, reproduce, modify, distribute, commercialize, and otherwise exploit that Feedback without restriction, attribution, or compensation.

You agree that Feedback is not confidential unless we expressly agree otherwise in writing.

Privacy

Your use of the Services is also governed by our Privacy Policy.

The Privacy Policy explains how we collect, use, disclose, retain, and protect personal information, including User Content, video, audio, Communication Analysis Data, biometric-like information, usage data, cookies, AI processing data, and related information.

Our use of cookies and similar technologies is described in more detail in our Cookie Policy.

By using the Services, you acknowledge that personal information will be handled as described in the Privacy Policy and any applicable consent notices, feature-specific disclosures, enterprise agreements, or customer-specific terms.

If you use the Services on behalf of or through an organization, additional privacy terms may apply between PlayCV and that organization.

Third-Party Services and Providers

The Services may include, depend on, or interoperate with third-party products, platforms, models, providers, processors, APIs, integrations, payment processors, hosting providers, analytics tools, avatar tools, communication tools, and other services.

PlayCV is not responsible for third-party services that we do not control. Your use of third-party services may be subject to separate terms and privacy policies.

We may change third-party providers, models, vendors, integrations, or infrastructure from time to time.

Service interruptions, changes, errors, limitations, or failures caused by third-party services may affect the Services.

Enterprise and Institutional Use

If the Services are provided through an Enterprise Customer, your access may be subject to the Enterprise Customer’s agreement with PlayCV, administrator settings, internal policies, and applicable laws.

Enterprise Customers may have access to certain information depending on the applicable agreement, product configuration, and disclosures, such as account status, usage information, participation information, completion information, organization-level analytics, and aggregated reporting.

PlayCV will not provide employers, recruiters, universities, or institutions with individual biometric session data, raw recordings, or detailed performance analytics for decision-making purposes unless clearly disclosed, contractually authorized, legally permitted, and subject to any required consent.

If there is a conflict between these Terms and a separate written agreement between PlayCV and an Enterprise Customer, the separate written agreement will govern solely to the extent of the conflict for the applicable Enterprise Customer relationship.

Service Availability and Changes

We aim to provide reliable Services, but we do not guarantee that the Services will be uninterrupted, secure, error-free, or available at all times.

The Services may be unavailable, limited, or interrupted due to maintenance, upgrades, technical failures, third-party failures, security incidents, legal requirements, excessive usage, emergencies, force majeure events, or other reasons.

We may modify, suspend, discontinue, replace, or limit any part of the Services at any time. We will provide notice where required by law or where we consider it appropriate.

We are not obligated to provide service credits, refunds, or compensation for outages or changes except where required by applicable law or expressly agreed in writing.

Suspension and Termination by PlayCV

We may suspend, restrict, or terminate your access to the Services, with or without notice, if we reasonably believe that:

you have violated these Terms;
you have failed to pay Fees;
your use creates legal, security, operational, financial, reputational, or technical risk;
your Account has been compromised;
your User Content or use may infringe rights or violate laws;
we are required to do so by law, court order, regulator, sanctions rule, or government request;
you misuse AI Features, attempt to bypass safeguards, or abuse the Services;
you engage in fraud, abuse, harassment, illegal conduct, or harmful activity;
we discontinue the Services or relevant features.

Where reasonable, we may give you an opportunity to cure a violation. We may act immediately where needed to protect PlayCV, users, third parties, systems, data, or legal rights.

Termination by You

You may stop using the Services at any time.

You may close your Account through available account settings or by contacting support@playcv.ai.

Account closure and deletion requests are handled in accordance with our Privacy Policy. Cancellation of a paid Subscription does not automatically delete your Account or User Content unless you request deletion or use available deletion tools.

Effect of Termination

Upon termination or Account closure:

your right to access and use the Services ends;
we may deactivate or delete your Account in accordance with our Privacy Policy;
you remain responsible for Fees incurred before termination;
we may retain information as permitted or required under our Privacy Policy and applicable law;
provisions that by their nature should survive will continue to apply, including provisions relating to User Content licenses, AI Output, intellectual property, Feedback, payment obligations, disclaimers, limitation of liability, indemnification, dispute resolution, and general legal terms.

Disclaimers

THE SERVICES, PLAYCV CONTENT, AI FEATURES, AI OUTPUT, AND ANY RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY LAW.

PLAYCV DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, RELIABILITY, AND ERROR-FREE OPERATION.

PLAYCV DOES NOT WARRANT THAT:

THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR AVAILABLE AT ALL TIMES;
AI OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, UNBIASED, CURRENT, LAWFUL, OR SUITABLE FOR YOUR PURPOSES;
DEFECTS OR ERRORS WILL BE CORRECTED;
THE SERVICES WILL RESULT IN EMPLOYMENT, ADMISSION, PROMOTION, FUNDING, SALES, IMPROVED COMMUNICATION, OR ANY OTHER OUTCOME;
THE SERVICES WILL BE FREE FROM HARMFUL COMPONENTS OR THIRD-PARTY FAILURES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PLAYCV OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME DISCLAIMERS MAY NOT APPLY TO YOU.

No Outcome Guarantees

You acknowledge that communication, career, interview, presentation, hiring, admissions, sales, fundraising, and professional outcomes depend on many factors outside PlayCV’s control.

PlayCV does not guarantee:

job offers, employment, promotions, internships, clerkships, or career advancement;
university, school, program, accelerator, or admissions outcomes;
interview, pitch, presentation, negotiation, sales, or communication success;
visa, immigration, legal, regulatory, financial, or professional outcomes;
specific skill improvement, confidence improvement, performance improvement, or measurable progress;
accuracy or usefulness of any AI Output for your particular circumstances.

You use the Services as one tool among other preparation, learning, and professional development resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLAYCV, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY, DATA, USE, REPUTATION, EMPLOYMENT, ADMISSION, OR PROFESSIONAL OUTCOMES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLAYCV WILL NOT BE LIABLE FOR:

AI OUTPUT, INCLUDING ERRORS, INACCURACIES, OMISSIONS, BIAS, OR UNSUITABILITY;
YOUR RELIANCE ON AI OUTPUT OR OTHER CONTENT;
USER CONTENT SUBMITTED BY YOU OR OTHERS;
HIRING, ADMISSIONS, EMPLOYMENT, OR THIRD-PARTY DECISIONS;
SERVICE INTERRUPTIONS, DELAYS, FAILURES, OR DATA LOSS;
UNAUTHORIZED ACCESS RESULTING FROM YOUR FAILURE TO PROTECT CREDENTIALS;
THIRD-PARTY SERVICES, PROVIDERS, MODELS, INFRASTRUCTURE, OR INTEGRATIONS;
CONDUCT OF OTHER USERS OR THIRD PARTIES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLAYCV’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF:

THE AMOUNT YOU PAID TO PLAYCV FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
USD $100.

THESE LIMITATIONS APPLY TO ALL CLAIMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY.

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify, defend, and hold harmless PlayCV, its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, demands, actions, losses, liabilities, damages, penalties, fines, costs, and expenses, including reasonable legal fees, arising out of or relating to:

your access to or use of the Services;
your User Content;
your breach of these Terms;
your violation of applicable law;
your infringement or misappropriation of third-party rights;
your failure to obtain required rights, notices, or consents;
your misuse of AI Features or AI Output;
your fraud, negligence, willful misconduct, or unlawful conduct.

We may assume exclusive control of the defense of any matter subject to indemnification, and you agree to cooperate with our defense.

Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

Nothing in these Terms limits any non-waivable rights you may have under the laws of your jurisdiction.

Informal Dispute Resolution

Before filing a formal claim, you and PlayCV agree to try to resolve disputes informally.

A party must first send written notice describing the dispute and proposed resolution to the other party. Notices to PlayCV must be sent to legal@playcv.ai.

The parties will attempt in good faith to resolve the dispute for 30 days after notice is received, unless urgent equitable relief is needed.

Arbitration Agreement

Except for disputes that qualify for small claims court or claims seeking injunctive or equitable relief for intellectual property, confidentiality, security, or unauthorized use, you and PlayCV agree that disputes arising out of or relating to these Terms or the Services will be resolved by binding arbitration rather than in court.

Arbitration will be conducted by the American Arbitration Association under its Consumer Arbitration Rules, unless another arbitration provider or procedure is required by applicable law.

The arbitration will be conducted by a single arbitrator. It may be conducted remotely unless in-person proceedings are required.

The arbitrator may award the same individual relief that a court could award, subject to these Terms.

Class Action and Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND PLAYCV AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND PLAYCV WAIVE ANY RIGHT TO A JURY TRIAL.

If the class action waiver is found unenforceable with respect to a claim, the arbitration agreement will not apply to that claim.

Arbitration Opt-Out

You may opt out of the arbitration agreement by sending written notice to legal@playcv.ai within 30 days after first accepting these Terms.

Your notice must include your name, account email, and a clear statement that you opt out of arbitration.

Opting out of arbitration does not affect any other provision of these Terms.

Notices

We may provide notices by email, in-app notification, posting through the Services, or other reasonable means.

You consent to receive electronic communications from us. Electronic notices satisfy any legal requirement that notices be in writing.

Notices to PlayCV must be sent to legal@playcv.ai unless these Terms specify another address.

Changes to These Terms

We may update these Terms from time to time.

If we make material changes, we will provide notice where required by law, such as by email, in-app notice, or prominent website notice.

The “Last Updated” date indicates when these Terms were last revised.

Your continued use of the Services after updated Terms become effective means you accept the updated Terms.

If you do not agree to updated Terms, you must stop using the Services and may cancel your Account or Subscription.

Export Controls and Sanctions

You must comply with all applicable export control, sanctions, import, and trade compliance laws.

You must not access, use, export, re-export, transfer, or provide the Services in violation of applicable sanctions or export control laws.

You represent that you are not located in, organized under the laws of, or ordinarily resident in a comprehensively sanctioned jurisdiction and are not listed on any restricted-party list applicable to PlayCV.

U.S. Government Use

If the Services are accessed by or on behalf of the U.S. Government, they are provided as “commercial products”, “commercial services”, and “commercial computer software” as those terms are used under applicable federal acquisition regulations.

Government users receive only the rights granted to other users under these Terms unless otherwise expressly agreed in writing.

General Terms

These Terms, together with the Privacy Policy, the Cookie Policy, and any applicable additional terms, constitute the entire agreement between you and PlayCV regarding the Services.

If any provision is found invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

Our failure to enforce a provision is not a waiver of our right to do so later.

You may not assign or transfer these Terms or your rights or obligations without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, corporate transaction, or by operation of law.

These Terms do not create a partnership, joint venture, employment, franchise, fiduciary, or agency relationship between you and PlayCV.

We are not liable for delay or failure to perform caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, internet or cloud provider failures, cyberattacks, government actions, pandemics, or other force majeure events.

Headings are for convenience only and do not affect interpretation.

Words such as “including” mean “including without limitation.”

Survival

Any provisions that by their nature should survive termination will survive, including provisions relating to User Content, AI Output, intellectual property, Feedback, payment obligations, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, notices, and general terms.

Contact Information

For questions about these Terms, contact:

PlayCV, Inc.

Legal inquiries: legal@playcv.ai
Support inquiries: support@playcv.ai
Privacy inquiries: privacy@playcv.ai
Registered Address: PlayCV, Inc., 1111B South Governors Avenue, STE 40089, Dover, DE 19904, United States