Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Kwata Team ("Kwata Team," "we," "us," or "our"), a sole proprietorship operating in Alberta, Canada, governing your access to and use of Aya AI Job Search, including any associated websites, applications, and services (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must immediately cease using the Service.

We reserve the right to modify these Terms at any time. Continued use of the Service after any such changes constitutes your acceptance of the new Terms.

2. Description of Service

Aya is an AI-powered job search assistant that helps you find relevant employment opportunities. Our service:

• Analyzes your resume and professional background
• Searches multiple job sources to find matching opportunities
• Evaluates job fit based on your qualifications and preferences
• Generates tailored cover letters for positions you're qualified for
• Sends email notifications about relevant job matches

3. AI and Automation Disclaimer

Aya utilizes artificial intelligence ("AI") and automated systems to provide job search assistance, resume analysis, and content generation. You acknowledge and agree that:

• AI-generated content, job matches, and recommendations may not be reviewed by humans before delivery and may contain errors
• AI-generated content does not constitute professional career, legal, or employment advice
• We make no guarantees about job placement, interview invitations, employment offers, or career advancement
• AI systems have inherent limitations and may produce unexpected, incorrect, or inappropriate content despite our safety measures
• You are solely responsible for reviewing, verifying, and customizing all AI-generated content before use with potential employers

4. User Accounts

To access Aya, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

5. Acceptable Use

When using Aya, you agree to:

• Use the platform solely for lawful job search purposes
• Provide truthful information about your qualifications and experience
• Review and customize AI-generated content before submitting to employers
• Respect the intellectual property of our content and that of third parties
• Comply with all applicable laws and regulations

6. Prohibited Conduct

You agree not to:

• Use the Service to apply for positions you are not qualified for
• Submit AI-generated content without review or customization
• Misrepresent your qualifications, experience, or identity
• Use automated tools, bots, or scripts to interact with the platform
• Reverse engineer, decompile, or disassemble any part of the Service
• Circumvent any security measures or access controls
• Use the Service for any unlawful, harmful, or fraudulent purpose
• Interfere with or disrupt the Service or servers

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure; that defects will be corrected; that job matches will result in employment; or that the Service will meet your career objectives.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KWATA TEAM'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CAD), REGARDLESS OF THE FORM OF ACTION, THEORY OF LIABILITY, OR WHETHER ARISING FROM CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

In no event shall Kwata Team, its owners, employees, contractors, agents, licensors, or any affiliated parties be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, data, goodwill, or business opportunities; cost of substitute services or procurement; personal injury or property damage; emotional distress; loss of employment opportunities, job offers, or career advancement; or any damages arising from reliance on AI-generated content, regardless of whether Kwata Team was advised of the possibility of such damages.

You acknowledge that these limitations are a fundamental element of the bargain between you and Kwata Team, that the Service would not be provided without such limitations, and that these limitations shall apply even if any remedy fails of its essential purpose.

9. Dispute Resolution

Any dispute arising from these Terms or the Service shall be resolved exclusively through binding individual arbitration in Calgary, Alberta under ADR Institute of Canada rules; you waive any right to participate in class actions, collective actions, or jury trials; and you agree that if you bring a claim and do not prevail, you shall be responsible for all of Kwata Team's reasonable costs, expenses, and attorney's fees incurred in defending against such claim.

10. Data Security

We implement reasonable security measures but cannot guarantee absolute security; our liability for any data breach is limited to providing legally required notice, and you are responsible for maintaining your account credentials.

11. Time Limitation for Claims

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE FILED WITHIN THREE (3) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED. This limitation applies regardless of any statute or law to the contrary. You expressly waive any longer limitation period that may otherwise apply.

12. Indemnification

You agree to fully indemnify, defend, and hold harmless Kwata Team, its owners, employees, contractors, agents, licensors, and all affiliated parties from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorney's fees, court costs, expert witness fees, and costs of investigation and litigation) arising out of or relating to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; (d) any content you submit, transmit, or make available through the Service; (e) your negligent, reckless, or intentional wrongful conduct; (f) any claim by a third party related to your use of the Service; or (g) any claim by an employer or third party arising from your use of AI-generated content. This indemnification obligation shall survive termination of these Terms and your use of the Service.

13. Force Majeure

Kwata Team shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, government actions, labor disputes, power failures, internet or telecommunications failures, cyberattacks, or failures of third-party service providers.

14. Intellectual Property

All content on Aya—including software, algorithms, graphics, and documentation—is owned by Kwata Team or its licensors and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial job search purposes. You may not copy, modify, distribute, sell, or create derivative works without our prior written consent.

15. Third-Party Services

Aya may interact with third-party job boards, websites, and services. We are not responsible for the content, accuracy, or practices of these third parties. Your interactions with third-party services are governed by their respective terms and policies.

16. Service Changes and Termination

We reserve the right to modify, suspend, or discontinue the Service (in whole or in part) at any time, with or without notice. We may suspend or terminate your account immediately, without prior notice, for any reason, including violation of these Terms.

Upon termination, your right to use the Service will immediately cease. Sections that by their nature should survive termination will survive, including arbitration, limitation of liability, and indemnification provisions.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law provisions. Subject to the arbitration agreement above, any legal action or proceeding relating to these Terms shall be brought exclusively in the courts located in Calgary, Alberta, Canada, and you consent to the personal jurisdiction of such courts.

18. Severability and Entire Agreement

If any provision of these Terms is held to be unenforceable, the remaining provisions shall remain in full force and effect. These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and Kwata Team regarding the Service.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19. Contact Information

For questions about these Terms of Service:

Aya AI Job Search by Kwata Team
Kwata Team AI Support: +1 (587) 333-2772
AI-powered customer service available 24/7

Email: support@kwatateam.com
Address: Calgary, Alberta, Canada

Acknowledgment

BY USING AYA, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THE BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER, AND LIMITATION OF LIABILITY PROVISIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.