Terms and Conditions

1. Acceptance of Terms

By accessing or using the services offered by Ophyai ("Company," "we," "us," or "our"), including but not limited to the Interview Copilot, Interview Coach, Resume Builder, and Application Assistant (collectively, the "Services"), you ("User," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not access or use our Services.

2. Definitions

• "Platform": The Ophyai website, applications, and all related services.
• "User Content": Any information, text, graphics, or other materials uploaded, downloaded, or appearing on the Services.
• "Personal Data": Any information relating to an identified or identifiable natural person.

3. Eligibility

• Age Requirement: You must be at least 16 years old to use our Services.
• Authority: By using our Services, you represent that you have the legal capacity to enter into a binding agreement.

4. Account Registration and Security

4.1. Account Creation

• You agree to provide accurate, current, and complete information during the registration process.
• You are responsible for maintaining the confidentiality of your account credentials.

4.2. Account Responsibility

• You are responsible for all activities that occur under your account.
• You agree to notify us immediately of any unauthorized use of your account.

5. Use of Services

5.1. License Grant

• We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for personal, non-commercial purposes.

5.2. Acceptable Use Policy

You agree not to:

• Use the Services for any unlawful purpose.
• Violate any applicable local, state, national, or international law.
• Upload or transmit viruses or any other malicious code.
• Interfere with or disrupt the integrity or performance of the Services.
• Attempt to gain unauthorized access to any portion of the Services.

6. User Content

6.1. Ownership

You retain all rights to your User Content.

6.2. License to Company

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content for the purpose of providing the Services.

6.3. Responsibility

You are solely responsible for your User Content and the consequences of posting or publishing it.

7. Intellectual Property Rights

7.1. Company's Intellectual Property

All content provided by the Company, including text, graphics, logos, and software, is the property of the Company and is protected by intellectual property laws.

7.2. Restrictions

You may not copy, modify, distribute, sell, or lease any part of our Services or included software.

8. Subscription and Payments

8.1. Fees and Billing

• Certain features of the Services may require a paid subscription.
• All fees are due in advance and are non-refundable.

8.2. Payment Methods

• You must provide a valid payment method.
• You authorize us to charge your payment method for the subscription fees.

8.3. Changes to Fees

We reserve the right to change subscription fees with reasonable notice.

8.4. Cancellation

• You may cancel your subscription at any time through your account settings.
• Cancellation is effective at the end of the current billing period.

9. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. Disclaimers

10.1. No Warranty

• The Services are provided on an "as is" and "as available" basis.
• We make no warranties regarding the accuracy, reliability, or completeness of the Services.

10.2. AI Limitations

• The AI-powered features are for informational purposes only and do not constitute professional advice.
• We do not guarantee any specific outcomes from using the Services.

11. Limitation of Liability

• To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
• Our total liability for any claims arising from these Terms or the Services is limited to the amount you have paid to us in the last twelve (12) months.

12. Indemnification

You agree to indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising out of your use of the Services or violation of these Terms.

13. Termination

13.1. By You

You may terminate your account at any time by following the procedures on the Platform.

13.2. By Us

We may suspend or terminate your access to the Services at our discretion, without notice, for conduct that we believe violates these Terms.

13.3. Effects of Termination

• Upon termination, your right to use the Services will immediately cease.
• All provisions of these Terms which by their nature should survive termination shall survive.

14. Modifications to the Services and Terms

14.1. Changes to Services

We reserve the right to modify or discontinue the Services at any time, with or without notice.

14.2. Changes to Terms

• We may update these Terms from time to time.
• We will notify you of any significant changes by posting the new Terms on this page.
• Your continued use of the Services after changes become effective constitutes your acceptance of the new Terms.

15. Governing Law and Dispute Resolution

15.1. Governing Law

These Terms are governed by and construed in accordance with the laws of State of Texas, without regard to its conflict of law principles.

15.2. Arbitration

• Any disputes arising out of or relating to these Terms or the Services will be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
• The arbitration will take place in Houston, Texas, and the arbitration award may be entered in any court having jurisdiction.

15.3. Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive your right to participate in a class action lawsuit or class-wide arbitration.

16. Miscellaneous

16.1. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Services.

16.2. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.3. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4. Assignment

• You may not assign your rights under these Terms without our prior written consent.
• We may assign our rights to any affiliate or successor without notice or consent.

16.5. Force Majeure

We will not be liable for any delays or failures in performance due to events beyond our reasonable control.

17. Contact Information

If you have any questions about these Terms, please contact us at dev@ophyai.com.

18. Professional Advice Disclaimer

• The Services are designed to assist with interview preparation and career development.
• They do not constitute professional legal, financial, or career advice.
• You should consult a qualified professional for specific guidance.

19. Third-Party Links and Services

• The Services may contain links to third-party websites or services that are not owned or controlled by the Company.
• We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

20. User Feedback

• We welcome your feedback and suggestions.
• By submitting feedback, you grant us the right to use it without any restriction or compensation to you.

21. International Users

• Our Services are controlled and operated from the United States.
• We make no representations that the Services are appropriate or available for use in other locations.