Terms of Service

Last Update in November 26, 2024.

These Terms of Service (“Terms”) govern your use of the Neuroscale Services, including our websites, neuroscale.ai and arbi.ai, along with any associated tools, features, and services we may provide (collectively referred to as “Neuroscale Services” or “Services”). These Terms form a contract between you and Neuroscale LLC (“Neuroscale,” “we,” “us,” or “our”), and they include our Privacy Policy. By accessing or using the Neuroscale Services, you agree to these Terms.

Please also read our Privacy Policy, which explains how we collect, use, and protect personal information.


1. WHO WE ARE

Neuroscale LLC is a technology company dedicated to developing advanced data-driven solutions. Our mission is to empower organizations with tools that automate complex processes, enhance decision-making, and streamline workflows.

Through platforms like Arbi AI, we specialize in the automated analysis of resumes and job descriptions, providing candidate assessments, evaluations, and rankings to improve recruitment and hiring processes. Neuroscale is committed to innovation, reliability, and privacy, ensuring our services align with industry standards and ethical practices.

2. ACCOUNT CREATION AND ACCESS

A. Minimum Age Requirement: To use the Neuroscale Services, you must meet the minimum age requirements. Specifically, you must either be at least 18 years old or meet the minimum age required to consent to the use of online services in your jurisdiction.

B. Account Registration and Responsibilities: To access certain features of the Neuroscale Services, you may be required to create an account (“Account”). By creating an Account, you agree to provide accurate, current, and complete information as requested during the registration process. You acknowledge and agree that this information may be used by Neuroscale to communicate with you regarding our services, and such communications satisfy any legal requirements for notice. You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your username and password. You must not share your credentials with any third party or allow others to access your Account. You accept full responsibility for all activities conducted through your Account. If you become aware of any unauthorized access to your Account or any security breach, you agree to notify us immediately by contacting support@neuroscale.ai.

C. Account Termination: You may terminate your Account at any time by contacting Neuroscale at support@neuroscale.ai. Neuroscale reserves the right to suspend or terminate your Account, or restrict your access to the Neuroscale Services, if you violate these Terms or engage in any unauthorized or illegal activity.

D. Business & Organizational Accounts: If you register for an Account using an email address associated with an organization, such as your employer, your Account may be linked to that organization’s Neuroscale enterprise account. In such cases, the organization’s administrator may have the ability to monitor, control, or terminate your Account, as well as access data or materials processed through the Neuroscale Services. Neuroscale will provide notice to you before linking your Account to the organization’s enterprise account, unless the organization is responsible for providing such notice under its own policies.

E. Evaluation Use and Additional Terms: Neuroscale may offer limited-access or trial versions of the Neuroscale Services for evaluation purposes. Use of these services is restricted to personal, non-commercial purposes unless otherwise agreed.
Certain services or features of the Neuroscale Services may be subject to additional terms and conditions. By accessing or using those services, you agree to comply with any applicable additional terms, which may modify your rights or obligations under these Terms, including but not limited to payment obligations.

3. USE OF SERVICES

You may access and use the Neuroscale Services only in accordance with these Terms, our Acceptable Use Policy, and any guidelines or supplemental terms we may provide (collectively, the "Permitted Use").

Prohibited Uses

You must not access or use, or assist any other person or entity in accessing or using, the Neuroscale Services in any of the following ways:

1. Legal Violations: In any manner that violates any applicable laws or regulations, including but not limited to laws governing the export of data, software, or services.



2. Competitive Activities: To develop, train, or improve any product, service, or system that competes with Neuroscale Services, including artificial intelligence or machine learning algorithms or models.



3. Reverse Engineering: To decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code or underlying structure of our Services, except where such activities are permitted by applicable law.



4. Data Harvesting: To crawl, scrape, or otherwise collect data from the Neuroscale Services in a manner not explicitly permitted under these Terms.



5. Unauthorized Access: To use the Services or any associated materials to gain unauthorized access to systems, data, or information, or to mislead or deceive others.



6. Intellectual Property Violations: To infringe, misappropriate, or otherwise violate the intellectual property rights, privacy rights, or publicity rights of any individual or entity.



7. Automated Access: To access or interact with the Services through automated or non-human means—such as bots, scripts, or scraping tools—unless explicitly authorized by us, such as through a Neuroscale API or other approved integration.



8. Interference and Harm: To abuse, harm, interfere with, or disrupt the Neuroscale Services, including by introducing malware, engaging in spamming, launching Distributed Denial of Service (DDoS) attacks, or bypassing protective measures.



9. Other Harmful Conduct: To engage in any activity or behavior that restricts or inhibits the use of the Services by others or that, in our reasonable judgment, poses a risk of liability, damages, or reputational harm to us, our users, or third parties.

Additional Restrictions

You are prohibited from attempting to bypass or disable any security features, access controls, or restrictions within the Neuroscale Services, or assisting others in doing so. Furthermore, you must not engage in any activity that compromises the integrity, functionality, or availability of the Services.
Violation of these provisions may result in the suspension or termination of your access to the Neuroscale Services and may expose you to civil, criminal, or regulatory liability.

4. USER-SUBMITTED CONTENT

The Neuroscale Services allow you to submit text, documents, or other materials for processing, including but not limited to resumes, job descriptions, and related content (collectively, “User Content”). The Services analyze and process User Content to generate outputs such as evaluations, assessments, and candidate rankings (collectively, “Processed Outputs”).

A. Rights and Responsibilities for User Content

You are solely responsible for all User Content you submit to the Neuroscale Services. By submitting User Content, you represent and warrant that:

  • You have all necessary rights, permissions, and licenses to submit the User Content for processing by Neuroscale Services.

  • Your submission and use of the User Content do not and will not violate any applicable laws, regulations, or the rights of third parties, including intellectual property, privacy, and confidentiality rights.

  • The User Content does not infringe upon these Terms or any other policies provided by Neuroscale.

As between you and Neuroscale, and to the extent permitted by applicable law, you retain ownership of the User Content you submit. Neuroscale does not claim ownership of User Content; however, by using our Services, you grant Neuroscale a non-exclusive, worldwide, royalty-free, sublicensable license to use, process, store, and analyze your User Content solely to provide, maintain, and improve the Neuroscale Services.

B. Reliance on Processed Outputs

The Processed Outputs generated by the Neuroscale Services are derived from algorithms and artificial intelligence systems that, while sophisticated, may not always produce accurate or reliable results. By using the Neuroscale Services, you acknowledge and agree that:

Processed Outputs may contain inaccuracies, inconsistencies, or incomplete information.
You should independently verify any Processed Outputs before relying on them for critical decisions, including recruitment or hiring decisions.
Neuroscale is not responsible for the consequences of reliance on Processed Outputs without appropriate verification.

C. Use of User Content by Neuroscale

Neuroscale may use your User Content as necessary to provide the Services, ensure their functionality, and enhance their quality. Neuroscale will not use non-public User Content to train its models or develop new products and services, except under the following circumstances:

If you provide feedback related to your User Content or Processed Outputs, Neuroscale may use such feedback to improve the Services.
If your User Content is flagged for trust and safety review, Neuroscale may analyze the content to detect and enforce policy violations, including improving tools for such purposes, consistent with its legal and ethical obligations.

Neuroscale remains committed to ensuring the privacy and security of your User Content and will handle it in accordance with its Privacy Policy and applicable data protection laws.

5. FEEDBACK

We welcome feedback, including suggestions, comments, or ratings regarding the Neuroscale Services or the outputs generated by our AI systems ("Feedback"). For example, when you rate an output—such as by providing a thumbs up or thumbs down—we may store your rating along with the associated submission as part of your Feedback.

By providing Feedback, you agree to the following:

1. Voluntary Submission: Providing Feedback is entirely optional, and you are not obligated to share your opinions or evaluations.
2. Usage Rights: You grant Neuroscale a perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable right to use, reproduce, modify, distribute, and create derivative works based on your Feedback for any purpose.
3. No Compensation: You acknowledge and agree that Neuroscale has no obligation to compensate you or provide you with any additional rights or benefits in exchange for your Feedback.

Feedback allows us to improve our systems, services, and user experiences. If you choose to provide Feedback, it may be used to enhance the quality, functionality, or performance of Neuroscale Services, including for purposes of research and development.

6. SUBSCRIPTIONS, FEES, AND PAYMENT

Fees and Billing

To access certain features or Services, you may be required to pay applicable fees. You are solely responsible for ensuring that all fees associated with your use of our Services are paid in full and on time. The applicable fees for our Services will be listed on our website or within the Service interface.

If you purchase access to our Services or specific features, you agree to provide accurate and complete billing information, including a valid Payment Method. By submitting your Payment Method, you authorize us to charge the listed fees, including applicable taxes, to your Payment Method. If any fees are charged on a recurring basis or based on usage, you authorize us to continue billing your Payment Method periodically for the agreed-upon amount until you cancel.

If you access our Services through a third-party distributor, such as an app store (“App Distributor”), your payment will be processed by the App Distributor. In this case, the terms of payment, billing, and refunds set by the App Distributor will govern your transaction instead of these Terms.
Except as expressly stated in these Terms or where required by law, all payments are non-refundable. Please ensure that you review your order carefully before confirming it.

Additional Fees

We reserve the right to modify the fees for our Services. If we introduce new fees or changes to existing fees, we will notify you and give you the opportunity to review and accept the updated fees before they are charged. If you do not accept the new fees, we may suspend or terminate your access to the affected Services or features.

We are not liable for any errors or issues caused by third-party payment processors involved in processing payments for our Services.

Subscriptions

To access certain premium services, such as Arbi AI or any other subscription-based Services, you must sign up for a Subscription by creating an Account and following the subscription process on our platform. By subscribing, you agree to these Terms.

  • Subscription Content and Features: The content, features, and services available as part of your Subscription will be specified during the subscription process. We reserve the right to modify, change, or discontinue certain features or services included in the Subscription at any time without prior notice. While we make reasonable efforts to ensure availability, we do not guarantee any specific content, feature or service will be available indefinitely.

  • Subscription Term and Automatic Renewal: Subscriptions may be subject to an Initial Term. At the end of this Initial Term, the Subscription will automatically renew for a Renewal Term of equal duration unless canceled. Your Payment Method will be charged for the Renewal Term at the start of each renewal period. If your Subscription has an Initial Term, we will notify you of the term length during the order process.

  • Subscription Cancellation: You may cancel your Subscription at any time by following the cancellation process through your account settings or by contacting us at support@neuroscale.ai. If you subscribed via an App Distributor, you must follow their cancellation procedures. To avoid being charged for the next Renewal Term, you must cancel your Subscription at least 24 hours before the last day of the Initial Term or any Renewal Term. If you cancel, you will continue to have access to the Services until the end of the current Subscription period, but you will not receive a refund for any fees already paid.

  • Subscription Fees: Subscription fees are charged in advance at the start of each Initial Term or Renewal Term. We reserve the right to change the fees for any Subscription, but we will not increase fees during your current Initial Term or Renewal Term. If there is a fee increase, we will notify you at least 30 days before the change takes effect. You agree to the increased fees unless you cancel your Subscription before the renewal date.


By subscribing to our Services, you confirm your acceptance of these terms and agree to pay the applicable fees associated with your Subscription.

7. THIRD PARTY SERVICES AND LINKS

Our Services may include links to, or be integrated with, third-party content, services, or platforms. We do not control or endorse these third-party offerings, and we are not responsible for any loss, damage, or issues that may arise from your use of third-party services, content, or integrations. Your use of any third-party content, services, or platforms is entirely at your own risk and subject to the terms, conditions, and privacy policies of the respective third parties. We encourage you to review the applicable terms and policies of any third-party services before engaging with them.

8. SOFTWARE

From time to time, we may provide updates to our software and services, including manual and automatic updates, to improve or modify the functionality of our Services or apps (“Neuroscale Software”). These updates may be provided with or without prior notice. Neuroscale Software may also include open-source components. In cases where there is a conflict between these Terms and the terms of any open-source license or third-party agreement applicable to a portion of the Neuroscale Software, the terms of the open-source license or third-party agreement will take precedence with respect to that portion of the software.

8. OWNERSHIP OF THE SERVICE

The Services are owned, operated, and provided by us and our affiliates, licensors, distributors, and service providers (collectively “Providers”). We and our Providers retain all of our respective rights, title, and interest, including intellectual property rights, in and to the Services. Other than the rights of access and use expressly granted in our Terms, our Terms do not grant you any right, title, or interest in or to our Services.

9. ON PREMISE HOSTING SERVICES

If you opt to use our Services through an on-premise hosting solution, you are responsible for ensuring that your infrastructure meets the technical requirements necessary for the proper functioning of the Services. You must maintain, secure, and manage the servers, networks, and other hardware used for hosting the Services, and you are solely responsible for the availability, security, and reliability of the hosting environment.

You agree that we are not liable for any issues related to the performance, security, or availability of the on-premise infrastructure, and that any support we provide for on-premise hosting will be subject to the terms of a separate agreement, if applicable. You are also responsible for implementing and maintaining any necessary backup, disaster recovery, and security measures within your on-premise hosting environment.

In the event that you choose to integrate third-party services, hardware, or software with your on-premise hosting solution, you acknowledge and agree that we are not responsible for any compatibility or operational issues arising from those third-party services or technologies.

We may periodically release updates or patches to the Services, and it is your responsibility to apply these updates to your on-premise environment in a timely manner to ensure continued functionality and security of the Services.

11. DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION

While we strive to provide high-quality services, there are certain limitations that apply to the use of our Services. Please read the following carefully, as it contains important information regarding your use of the Services.

YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE AND OUR PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SECURITY, PRIVACY, RELIABILITY, AVAILABILITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER WE NOR OUR PROVIDERS, NOR OUR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR OTHER PARTIES (COLLECTIVELY, "OUR PARTIES") WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE MAXIMUM LIABILITY OF OUR PARTIES, IN ANY CASE, WILL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS OR USE THE SERVICES IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR $100, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ARE FUNDAMENTAL TO OUR TERMS AND WILL APPLY EVEN IF THE DAMAGES WERE FORESEEABLE.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS OUR PARTIES FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS (INCLUDING REASONABLE LEGAL FEES), AND LIABILITIES ARISING OUT OF YOUR USE OR MISUSE OF THE SERVICES, ANY BREACH OF THESE TERMS, YOUR VIOLATION OF ANY LAWS OR THIRD-PARTY RIGHTS, OR ANY FRAUDULENT, INTENTIONAL, OR CRIMINAL ACTS COMMITTED BY YOU OR YOUR AGENTS. WE RESERVE THE RIGHT TO DEFEND ANY CLAIMS AT OUR OWN EXPENSE AND TO ENGAGE SEPARATE COUNSEL, IN WHICH CASE YOU WILL COOPERATE AS REASONABLY REQUESTED.

PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES, SO THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY IN FULL TO YOU.

OUR PROVIDERS ARE THIRD-PARTY BENEFICIARIES OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION.


12. GENERAL TERMS

A. Modifications to the Services: Our Services are continually evolving, and we may introduce, modify, or remove features at any time. We also reserve the right to adjust capacity limits or stop offering certain Services altogether. Unless otherwise specified in a separate agreement, we may alter, suspend, or discontinue the Services or your access to them without prior notice. While we strive to inform you in advance if a Service is discontinued, we may not be able to provide notice in urgent situations, such as those involving security, legal compliance, or operational issues. We will not be liable for any changes, suspensions, or discontinuations of the Services.

B. Updates To These Terms: We may periodically revise these Terms for various reasons, such as changes in our Services, pricing adjustments, legal requirements, or to enhance security and prevent misuse. By continuing to use our Services after we post updated Terms or notify you of changes, you accept those updates. If you do not agree to the revised Terms, you must stop using our Services.

C. Supplemental Terms: In certain cases, additional terms may apply to specific Services or features. You agree to comply with any relevant guidelines, rules, or additional terms posted by us in connection with those Services. If there is a conflict between these general Terms and any supplemental terms, the supplemental terms will take precedence for the specific Service.

D. Entire Agreement: These Terms, along with any other applicable terms explicitly incorporated by reference, constitute the complete agreement between you and us regarding the subject matter. Any other agreements or understandings are superseded by this document.

E. Termination: You may cease using the Services at any time. We reserve the right to suspend or terminate your access to the Services (including any subscriptions) at our discretion, especially if we believe you have violated these Terms, or for legal compliance reasons. If your access is terminated due to a breach of Terms, you will not be entitled to a refund. However, if you terminate your Subscription and we are responsible for the termination, we may offer a pro-rated refund for the unused portion of the Subscription. Refunds for Subscriptions purchased through third-party distributors (e.g., app stores) will be governed by their respective policies. We also reserve the right to terminate accounts that have been inactive for over a year, particularly if you do not have a paid subscription. You will be notified prior to any account termination due to inactivity. Upon termination, we may, at our discretion, delete any data or materials linked to your account. Certain sections of these Terms (such as those related to outstanding fees) will remain in effect after termination.

F. Severability: If any portion of these Terms is found to be unenforceable, the remaining sections will continue in full force and effect.

G. No Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other rights we may have.

H. No Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We, however, retain the right to assign these Terms at our discretion without restriction.

I. Use of Our Brand: You may not use our name, logos, trademarks, or any other brand elements in connection with your products or services without prior written consent. If you'd like permission to do so, please contact us at marketing@[company.com].

J. Export Controls: You agree not to export or provide access to the Services to any country subject to U.S. embargoes or to any individual or entity on restricted party lists, including those maintained by the U.S. Treasury Department or U.S. Department of Commerce. You also represent that neither you nor anyone accessing the Services through your account is subject to such restrictions.

K. Legal Compliance: We may disclose information related to your use of the Services as required by law or government authorities. This includes reporting information to law enforcement in cases of criminal activities or legal requirements.

L. U.S. Government Use: The Services are commercial products developed at private expense, and their use by U.S. government entities is subject to the same Terms as other end users.

13. IN CASE OF DISPUTES

A. Equitable Relief: You acknowledge that if you violate Section 3 (USE OF OUR SERVICES), (a) legal remedies may be insufficient, (b) the damages from such a breach are difficult to quantify, and such a breach may cause irreparable harm, and (c) injunctive relief would be the most appropriate remedy. You waive any objections to the granting of injunctive relief, and you further agree not to require us to prove actual damages or post a bond or other security in connection with such relief.

B. Governing Law and Exclusive Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the State of Virginia, without regard to its conflict of law principles. You and Neuroscale agree that any disputes arising from or related to these Terms shall be exclusively resolved in the state or federal courts located in Loudoun County, Virginia, or the Eastern District of Virginia. By accessing our Services, you consent to the personal and exclusive jurisdiction of these courts and waive any claims based on the laws of any other jurisdiction.