JobsEQ AI Assistant Module Terms and Conditions
JobsEQ AI Assistant Module (“AI Assistant”) is offered subject to the terms of the Agreement, including any amendments or Order Forms, between Client (“you”) and Chmura Economics & Analytics LLC and these Jobs EQ AI Assistant Terms and Conditions (together the “Agreement”). In the event of a conflict between the Agreement and these Terms and Conditions, these Terms and Conditions shall control. Any defined terms not defined herein shall have the meaning ascribed to them in the Agreement. AI Assistant is an optional, added module to JobsEQ; all other features of JobsEQ are available without the use of AI Assistant. If you do not agree to these Terms and Conditions, you are not authorized to use AI Assistant.
AI Assistant uses artificial intelligence and machine learning models (including third-party large language models) to provide AI-powered support to assist JobsEQ users with their labor market analysis needs, including assisting with automating queries, searching the JobsEQ database for relevant information, and generating responses to labor market queries.
AI Assistant is in Beta testing and is offered in limited quantities and locations and is offered “as is” without warranties of any kind. While Chmura takes steps to help ensure accuracy and appropriateness of the content and information generated by or through JobsEQ, as with all AI services, AI Assistant may make mistakes. See more about AI-Generated Content below.
You agree to only use AI Assistant to: (i) enable macro-labor market analysis; or (ii) help you enter de-identified, anonymous information to gather compensation range information about a role. You agree not to use AI Assistant to identify, evaluate, rate, rank, analyze, or otherwise process information about any individual for any purpose.
You further agree that AI Assistant is not a decision-making system about workers, applicants, candidates, or employees. AI Assistant makes no decisions, determinations, or automated decisions without human review that might produce legal or similar significant effects on applicants, including affecting workers’ rights, status, or opportunities. Client is solely responsible for your screening, hiring, compensation, and other employment-related decisions. You agree to use AI Assistant only with appropriate human review.
By using AI Assistant, you accept sole responsibility for ensuring that your use complies with all applicable laws, rules, regulations, including recordkeeping laws and regulations, and these JobsEQ AI Assistant Terms and Conditions.
Chmura has no obligation to store, and does not guarantee storage of, any of the information processed through AI Assistant, except as required by law. Client is responsible for ensuring that selection criteria used for its job postings and candidates are job-related, that Client does not pose “disability-related inquiries” or medical inquiries in violation of the law, and that Client does not screen out people with disabilities or members of any protected category under the law. Client further acknowledges that Client is responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. Client is responsible for clearly indicating that reasonable accommodations are available, for engaging with and responding to any requests for accommodation, and providing information about how to request an accommodation to any job candidate or applicant.
When using AI Assistant, Client agrees to activities, communication, materials, and user content on or through AI Assistant being recorded, processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Chmura Software’s rules and other policies, content moderation, and to improve AI Assistant, the Chmura Software or any other Chmura product or service. Chmura uses this data to develop, train, build, and use statistical models, including artificial intelligence and machine learning models. Chmura also uses vendors as an extension of the Chmura Software to collect, record, process, analyze, and store activity and communication data and user content. Chmura does not otherwise share this with third-parties except when required by law. If you disagree with any part of these terms, do not use AI Assistant.
Other than End Users’ name and Chmura Software credentials, Clients, and End Users, shall not include any personal data or personally identifying information in communications or submissions to AI Assistant. Chmura will process End Users’ name and Chmura Software credentials in accordance with the Chmura Privacy Policy http://chmura.com/privacy.
AI-Generated Content. AI Assistant may make available content created in whole or in part by an algorithm (including “artificial intelligence” and machine learning algorithms), which may be generated in response to information provided through AI Assistant (“AI-Generated Content”). AI-Generated Content may include Reports, analysis, recommendations, messages, or highlights/summaries. The use of AI-Generated Content is a rapidly evolving field of study and Chmura is working to improve its use of AI-Generated Content to make it more accurate, reliable, safe, and beneficial. AI-Generated Content may be generated in whole or in part by third-party service providers. Chmura does not control or own these third-party models and disclaims liability for their performance, accuracy, or availability.
Use of AI-Generated Content is entirely at Client’s own risk. AI-Generated Content may not accurately reflect real people, places, or facts. Clients must evaluate AI-Generated Content for accuracy and appropriateness for their use case, including using human review as appropriate, before using or sharing AI-Generated Content generated through AI Assistant. By generating or using AI-Generated Content (for example, by providing content to Chmura Software through AI Assistant for the purpose of generating AI-Generated Content, or by adding AI-Generated Content to a query or message), Client confirms, and ratifies it, and Client becomes the speaker of that content for all purposes. Client agrees that Chmura Software is an interactive computer software service and shall not be treated as the publisher or speaker of AI-Generated Content, which is generated by a machine-learning model and may be provided by a third party.
Client acknowledges and agrees that neither AI Assistant nor AI-Generated Content are empowered to enter into, or make any changes to, any agreements on behalf of Chmura and that any decisions or actions taken by such offerings are not legally binding. Further, Client agrees that Chmura is not obligated to honor any expectations raised or commitments made by AI Assistant if they are inconsistent with Chmura’s policies or this Agreement and are not expressly offered elsewhere through the Products.
Fees
Chmura may offer AI Assistant as a free service for Clients. Chmura may, in its sole discretion and at any time, end free use of AI Assistant and begin to charge Clients to use AI Assistant as a standalone service or in conjunction with another Product. In this case Client will be charged as indicated by Order Form or other contract with Chmura.
Prohibited Uses
Client agrees to use AI Assistant only for its intended purpose, which is to facilitate authorized, compliant use of Chmura Software to generate macro labor market analysis and Reports. Client agrees not to rely on AI Assistant as the sole or most important factor in screening, hiring, compensation, or other employment decisions. Client shall not use AI Assistant as a substitute for human discretion and review.
Client shall not use AI Assistant for any directly or indirectly illegal, discriminatory, fraudulent purpose, or unethical purpose. Client agrees not to use AI Assistant to engage in unlawful activities, generate or disseminate harmful, offensive, or misleading content, generate or disseminate financial, legal, or medical advice, or attempt to manipulate, exploit, or interfere with AI Assistant or other Chmura product or service. Client agrees not to use AI Assistant for adversarial, abusive, or other harmful purposes, including testing AI Assistant to exploit vulnerabilities or misusing outputs to create misleading, illegal, or harmful content or actions. Client agrees that it will not reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any source code or any portion of AI Assistant.
Client represent and warrant that it and its End Users will not: (i) knowingly and intentionally conduct your business with regard to AI Assistant in a manner which reflects negatively on the products, goodwill and reputation of Chmura; (ii) knowingly and intentionally engage in any marketing practices which are or might be detrimental to Chmura, its marks, products, brand or reputation; (iii) knowingly and intentionally make any false, misleading or negative representations, warranties, or guarantees with regard to AI Assistant, Chmura, or Products, (iv) supply, use, distribute or display, in connection with AI Assistant any content created by you that is illegal, infringing, offensive or defamatory; or (v) allow a minor to use AI Assistant.
You represent and warrant that you have the authority to bind the company and that you agree these JobsEQ AI Assistant Terms and Conditions. Client also represents that it has read and understands it is agreeing to these Terms and Conditions.
Intellectual Property
AI Assistant is owned by or otherwise licensed by Chmura. Client agrees that it does not have any intellectual property rights in AI Assistant, any models, or any third-party services used to develop or operate AI Assistant. Client acknowledges that due to the nature of artificial intelligence and machine learning, AI Assistant may generate the same or similar AI-Generated Content for third parties. As between you and Chmura, Client owns intellectual property rights for its inputs to generate AI-Generated Content in accordance with the Agreement. To the extent recognized by applicable law and subject to the terms of the Agreement, Client owns intellectual property rights for AI-Generated Content generated specifically in response to its input of original content (such as labor market report queries or messages Client generates).
Disclaimer and Limitation of Liability
Chmura assumes no responsibility and disclaims any and all liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material on or through AI Assistant.
AI ASSISTANT IS PROVIDED “AS-IS” WITHOUT WARRANTIES OF ANY KIND. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE JOBSEQ AI ASSISTANT AT YOUR OWN DISCRETION AND RISK AND THAT CHMURA ASSUMES NO RESPONSIBILITY AND DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF JOBSEQ AI ASSISTANT, INCLUDING ANY DECISIONS YOU MAKE OR ACTIONS YOU TAKE USING CONTENT OR INFORMATION OBTAINED THROUGH AI ASSISTANT. WE DO NOT GUARANTEE THAT AI ASSISTANT IS APPROPRIATE, ACCURATE, INOFFENSIVE, UNBIASED, RELIABLE, NON-INFRINGING OR SAFE OF ANY CONTENT GENERATED BY OR THROUGH AI ASSISTANT. YOU SHOULD INDEPENDENTLY VERIFY ANY CRITICAL INFORMATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL CHMURA OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY PERSON ON ACCOUNT OF THAT PERSON’S USE OR MISUSE OF OR RELIANCE ON THE AI ASSISTANT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES OR ANY LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR ANY LOSS OF OR INTERRUPTION TO THE USER’S BUSINESS, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF CHMURA OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON AI ASSISTANT, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION PROVIDED THROUGH CHMURA SOFTWARE, FROM INABILITY TO USE THE PRODUCTS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF AI ASSISTANT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON AI ASSISTANT OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON AI ASSISTANT. THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, AND TO THE PERFORMANCE OR NON-PERFORMANCE OF AI ASSISTANT OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, AI ASSISTANT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF CHMURA AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO $ 1,000.00 (ONE THOUSAND DOLLARS).
Termination and Modification
These Terms and Conditions shall remain in effect through the term of the Agreement; however, You agree that your continued use of the AI Assistant services after the expiration of the Agreement shall constitute continued acceptance and application these Terms and Conditions.
Unless otherwise stated in an agreement with Chmura, you may terminate use of AI Assistant at any time by ceasing your use of AI Assistant requesting that Chmura remove access to the AI Assistant. Upon termination of the Agreement or your use of AI Assistant: (a) your license to access or use AI Assistant immediately expires; and (b) you should immediately stop use of AI Assistant.
Chmura may change, suspend, or discontinue AI Assistant (or any portion or feature of the module) or your access thereto for any reason and at any time without liability or other obligation to you. Chmura may cancel these JobsEQ AI Assistant Terms and Conditions at any time, with or without notice, revoking any rights granted herein, and revoking access to AI Assistant, in Chmura’s sole discretion at any time and for any or no reason. Chmura may notify you that of modifications to these JobsEQ AI Assistant Terms and Conditions at any time without liability, and your continued use of AI Assistant indicates acceptance of the updated JobsEQ AI Assistant Terms and Conditions. Any failure to enforce a provision of these Terms and Conditions shall not constitute a waiver thereof or of any other provision. Any terms that by their nature are intended to continue beyond the termination or expiration of these Terms and Conditions will survive termination.
Indemnification
You shall indemnify, defend and hold harmless Chmura, its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of the JobsEQ AI Assistant Terms and Conditions; (b) your use of, and access to, AI Assistant; (c) your loss of, or disclosure of, information gained from using AI Assistant; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws (this includes any claims that Chmura as your agent violated any such laws); (e) your violation of any third party right, including without limitation any copyright, property, or privacy right (f) any claim that your content caused damage to a third party; (g) your actions as an employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or job candidate; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of Chmura Products. This defense and indemnification obligation will survive the Agreement, the JobsEQ AI Assistant Terms and Conditions and your use of AI Assistant, the Chmura Software or any Chmura product, program, or service.