WorkWhale

1. Definitions

In these Terms of Service, unless the context requires otherwise:

2. Acceptance of Terms

By accessing, browsing, or using the WorkWhale Service in any manner, including registering for an Account, you agree to be bound by these Terms of Service. If you do not agree to all terms, conditions, and notices contained or referenced herein, please do not use this Service.

These Terms of Service constitute the entire agreement between You and WorkWhale regarding the use of the Service and supersede all prior negotiations, representations, and agreements.

3. Service Description

3.1 Job Seeker Services

WorkWhale provides job seekers with a comprehensive suite of employment tools:

• Resume Builder: Both free and paid tiers with AI-powered enhancement features
• Job Matching: Intelligent job recommendations based on skills, experience, and preferences
• Application Tracking: Tools to manage job applications and track application status
• Job Listings: Access to opportunities posted by verified Recruitment Agencies

3.2 Recruitment Agency Services

WorkWhale provides Recruitment Agencies with a Customer Relationship Management (CRM) system including:

• Candidate Management: Tools to organize, track, and manage candidate profiles and communications
• Job Posting: Ability to create, publish, and manage job listings
• Application Management: Automated tracking and organization of applications received
• Candidate Matching: AI-assisted candidate-to-job matching and recommendations
• Analytics and Reporting: Insights into recruitment performance and hiring metrics

4. Account Registration and Eligibility

4.1 Eligibility Requirements

To use the Service, you must:

• Be at least 18 years of age (or the age of legal majority in your jurisdiction)
• Have the legal authority to enter into binding agreements
• Be a natural person (for Job Seekers) or a legally established entity with authority to bind that entity (for Recruitment Agencies)
• Not be prohibited from using the Service under applicable laws or regulations
• Provide accurate, complete, and current information during registration

4.2 Account Responsibility

You are responsible for maintaining the confidentiality of your password and account credentials. You agree to accept full responsibility for all activities that occur under your Account and notify WorkWhale immediately if you suspect unauthorized access.

5. Subscription Plans, Billing, and Cancellation

5.1 Job Seeker Plans

WorkWhale offers Job Seeker subscription options:

• Free Tier: Complimentary access to basic resume builder, job search, and application tracking
• Paid Plans: Starting at $9/month USD with enhanced features including advanced resume AI, priority support, and expanded application limits

5.2 Recruitment Agency Plans

WorkWhale offers Recruitment Agency subscription plans starting at $15/month USD, with multiple tiers offering varying levels of job listings, candidate storage, analytics, team member accounts, and priority support.

5.3 Cancellation Policy

You may cancel your paid subscription at any time through your Account settings or by contacting our support team. Cancellation will take effect at the end of your current billing period. No refunds will be issued for partial months or unused portions of a billing period.

6. Free Trial Terms

WorkWhale periodically offers free trial periods, commonly 14 days for Recruitment Agencies, to eligible new users. At the end of your free trial period, your Account will automatically convert to a paid subscription at the stated plan rate unless you cancel before the trial period ends.

7. User Content and Data

7.1 Ownership of User Content

You retain all ownership rights to User Content you create, upload, or submit to the Service. By submitting User Content to WorkWhale, you grant us a worldwide, non-exclusive, royalty-free, perpetual license to use, display, and distribute your User Content within the Service.

7.2 Prohibited Content

You agree not to upload, create, or submit:

• Content that is illegal, defamatory, obscene, or violates anyone's rights
• Personal information of others without consent
• Malicious code, viruses, or harmful software
• Content that discriminates based on protected characteristics
• False, misleading, or fraudulent information
• Copyrighted material you do not have rights to use

8. AI-Generated Content

8.1 AI Resume Builder and Suggestions

WorkWhale's AI-powered resume builder analyzes your information and automatically suggests improvements. These suggestions are generated by machine learning, optional (you may accept, modify, or reject), and not guaranteed to be error-free.

8.2 No Warranty for AI Content

AI-Generated Content is provided "as-is" without warranties of accuracy, completeness, or suitability for any particular purpose. You agree to review all AI-generated content before use and take full responsibility for the final content of your resume or job application.

9. Acceptable Use Policy

You agree not to use the Service in any manner that:

• Violates any applicable local, state, national, or international law
• Infringes on intellectual property, privacy, or other legal rights
• Harasses, bullies, threatens, or intimidates other users
• Impersonates another person or entity
• Uploads malware, viruses, or malicious code
• Discriminates based on protected characteristics
• Creates fake accounts or misrepresents identity
• Scrapes or harvests data from the Service without authorization
• Sends unsolicited messages or spam to other users

10. Intellectual Property Rights

All content, features, and functionality of the Service, including software code, AI models, website design, graphics, logos, and documentation, are the exclusive property of WorkWhale and protected by copyright, trademark, and other intellectual property laws.

WorkWhale grants you a limited, non-exclusive, non-transferable license to access and use the Service in accordance with these Terms.

11. Limitation of Liability

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WORKWHALE DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 Cap on Liability

In no event shall WorkWhale's total liability arising from or related to your use of the Service exceed the amount you paid to WorkWhale in the 12 months preceding the claim. If you have not paid any fees, WorkWhale's maximum liability shall not exceed $100 USD.

12. Dispute Resolution

If you have a dispute with WorkWhale, we encourage you to first attempt to resolve it informally by contacting our support team. If informal resolution fails, any dispute arising from these Terms shall be resolved by binding arbitration rather than in court, except for claims for intellectual property infringement or injunctive relief.

Class Action Waiver: You agree not to participate in class action lawsuits against WorkWhale. All claims must be brought individually.

13. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles. The primary jurisdiction for disputes shall be South Africa (specifically Johannesburg, Gauteng).

For European users, your use is additionally governed by GDPR and other EU regulations. You have the right to lodge complaints with your local data protection authority.

14. Termination

14.1 Termination by User

You may terminate your Account at any time by contacting our support team or through your Account settings. Upon termination, your Account will be deactivated immediately, you will lose access to paid features, and your User Content will be retained for 30 days before permanent deletion.

14.2 Termination by WorkWhale

WorkWhale may suspend or terminate your Account immediately, without notice, if you violate these Terms, engage in fraudulent or illegal conduct, pose a security risk, fail to pay subscription fees, or repeatedly misuse the Service.

15. Changes to Terms

WorkWhale reserves the right to modify these Terms of Service at any time. We will provide at least 30 days' written notice before implementing material changes that negatively impact your rights. Your continued use of the Service after changes become effective constitutes your acceptance of the modified Terms.

16. Contact Information

If you have questions about these Terms of Service, your Account, or the Service, please contact WorkWhale: