These Terms of Service (the "Terms") govern access to and use of the CareerLink website, application, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.
1. Accounts and Eligibility
You must be capable of forming a binding contract to use the Services. If you use the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization, and that organization accepts these Terms.
2. Subscriptions and Billing
Certain features may require a paid subscription. Fees, billing cycles, and payment methods are presented at the point of purchase. You authorize recurring charges until cancellation. We may modify pricing with notice prior to the next billing period.
3. Service Level Commitments
3.1 System Availability
We commit to maintaining system uptime of 99.5% monthly, calculated excluding scheduled maintenance windows announced with 48-hour notice.
3.2 Support Response Times
- Critical Issues: Initial response within 12 hours during business days (Monday-Friday, 8 AM - 6 PM EST)
- Non-Critical Issues: Initial response within 48 hours during business days
- Critical Issues are defined as: complete system outage, security breach, or data loss affecting your operations
3.3 Service Credits
If we fail to meet the committed uptime or critical issue response times, you may be eligible for service credits equal to 5% of monthly fees for each day of non-compliance, up to 100% of monthly fees. Service credits are your exclusive remedy for service level failures.
4. Acceptable Use
- Do not violate any applicable law or regulation.
- Do not infringe intellectual property, privacy, or other rights.
- Do not attempt to access the Services or data without authorization.
- Do not interfere with or disrupt the integrity or performance of the Services.
- Do not upload malicious code or misuse the Services to transmit it.
5. Customer Data
You retain ownership of data, files, and content you submit to the Services ("Customer Data"). You grant CareerLink a limited license to host, process, transmit, and display Customer Data solely to provide and support the Services and as otherwise permitted by these Terms and our privacy practices. You are responsible for obtaining necessary rights and maintaining lawful bases for Customer Data.
6. Privacy and Security
We handle personal information consistent with our Privacy Policy. We implement comprehensive security measures appropriate to the sensitivity of the data we process and store, including:
- Regular security audits and continuous monitoring for suspicious activity
- For educational institutions subject to FERPA, CareerLink acts as a school official with legitimate educational interests as defined under 34 CFR § 99.31(a)(1). We will use student education records only for purposes authorized by the institution and will not re-disclose such information without the institution's consent, except as required by law.
- Industry-standard encryption for data in transit and at rest
- Multi-factor authentication available for enhanced account security
- Role-based access controls with principle of least privilege
- All Customer Data will be stored and processed exclusively within data centers located in the United States. We will not transfer Customer Data outside the United States without your prior written consent.
- Automated backup systems with encryption and retention policies
- Documented incident response procedures with prompt notification to affected customers
In the event of a security incident involving unauthorized access to Customer Data, we will notify Customer without unreasonable delay and no later than 72 hours after discovery of the incident.
7. Third‑Party Services
The Services may interoperate with or link to third‑party products or services. Use of third‑party offerings is governed by their terms, and we are not responsible for those offerings.
8. Intellectual Property
CareerLink and its licensors retain all rights, title, and interest in and to the Services, including software, designs, and content provided by us. No rights are granted except as expressly stated in these Terms. You may provide feedback; we may use feedback without restriction.
9. Service Changes and Availability
We may modify, discontinue, or deprecate features from time to time. We aim to provide reasonable notice where material changes are made. The Services may be unavailable due to maintenance, outages, or factors beyond our control.
For customers with active subscriptions, we will provide at least 30 days advance notice before discontinuing any material features. For features critical to core functionality, we will either maintain the feature through the end of your current subscription period or offer a suitable alternative at no additional cost.
10. Suspension and Termination
We may suspend or terminate access to the Services for violation of these Terms, legal risk, or security concerns. You may stop using the Services at any time. You may terminate immediately for material breach that remains uncured after 15 days written notice. You may also terminate immediately upon any security breach affecting your data. Upon termination, your right to use the Services ceases, and we will provide your data in a standard exportable format (JSON, CSV, or XML) within 30 days and securely delete all your data from our systems within 90 days, except as required by law. Certain provisions will survive as reasonably necessary to give effect to their intent.
11. Warranties and Disclaimers
The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, CareerLink disclaims all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non‑infringement.
12. Limitation of Liability
12.1 Waiver of Consequential Damages
CareerLink will not be held liable to you under this agreement for any damages other than direct damages, even if you are aware or should know that such damages are possible and even if direct damages do not satisfy a remedy. Except for any liability that cannot be excluded by compulsory law, in no event will CareerLink and its licensors and suppliers be liable to you or any third party for any loss of use, loss of data, interruption of business or services, cost of procurement of substitute goods, technology, or services, or any indirect, special, punitive, incidental, or consequential damages arising under or relating to this agreement or for lost profits, regardless of the form of action whether in contract, tort (including negligence), strict product liability, or any other legal or equitable remedy, even if advised of the possibility of such damages or losses, or for any claim by any third party. You acknowledge that this limitation of liability is a fundamental aspect of this agreement and that in its absence, the economic terms set forth in this agreement would be substantially different.
12.2 Limitation on Amount of Liability
CareerLink's total aggregate liability under this agreement shall not exceed the fees paid to CareerLink under this agreement unless otherwise noted.
12.3 Exceptions to Liability Limitations
The liability limitations in Sections 12.1 and 12.2 do not apply to:
- Breaches of confidentiality obligations
- Unauthorized disclosure of Customer Data resulting from CareerLink's gross negligence or willful misconduct
- CareerLink's violation of applicable data protection laws
- Infringement of third-party intellectual property rights
13. Indemnification
You will defend and indemnify CareerLink against third‑party claims and liabilities arising from your unlawful use of the Services or violation of these Terms, including reasonable attorneys’ fees, to the extent permitted by law.
CareerLink will defend and indemnify Customer against third-party claims arising from: (a) CareerLink's breach of applicable privacy laws; (b) unauthorized disclosure of Customer Data by CareerLink; or (c) infringement of third-party intellectual property rights by the Services.
14. Compliance and Export
You represent that you are not barred from using the Services under applicable laws and that you will comply with all export control and sanctions requirements.
15. Changes to These Terms
We may update these Terms from time to time. Changes will be effective when posted to the Services. Your continued use after changes become effective constitutes acceptance of the updated Terms.
For customers with active paid subscriptions, material changes to these Terms will be provided with at least 30 days advance notice. If you do not agree to the changes, you may terminate your subscription before the changes take effect and receive a pro-rata refund for the unused portion of your subscription.
16. Contact
Questions about these Terms can be directed to support@careerlink.app.