1. Acceptance of Terms. By accessing orusing the Services, you agree to be bound by these Terms of Service (“Terms”).If you are using the Services on behalf of a business entity, you representthat you have authority to bind that entity.
2. Description of Services. Function AI LLC (“FunctionAI”) provides employment verification, screening, and hiring supporttools (“Services”). Certain features may involve third-party datasources and integrations.
3. User Responsibilities. You agree to:(i) provide accurate and lawful information; (ii) use the Services only forlawful purposes; and (iii) comply with all applicable employment and privacylaws.
4. Employer-Specific Obligations. If you are anemployer or acting on behalf of one, you are solely responsible for compliancewith the Fair Credit Reporting Act (“FCRA”). You must obtain proper disclosures andwritten authorizations. You must providelegally required adverse action notices.
5. No Legal or Hiring Decision Advice. Function AI provides tools and data, but does not make hiring decisions,provide legal advice, or guarantee accuracy of third-party data.
6. Data Use and Privacy. Your use of theServices is subject to our Privacy Policy. You acknowledge that data may beprocessed and stored in accordance with that policy.
7. Third-Party Services. We may rely onthird-party providers. We are not responsible for their data accuracy, theiravailability, or their compliance practices.
8. Fees and Payment. Fees are as agreed in applicable order forms. Payments are non-refundable unless otherwisestated. Late payments may result insuspension of the Services.
9. Intellectual Property. All platformcontent, software, and materials are owned by Function AI or its licensors. You receive a limited, non-exclusive,non-transferable license to use the Services.
10.Confidentiality. Each party agrees to protect confidentialinformation using reasonable care and not disclose it except as necessary toperform under these Terms.
11.Termination. We may suspend or terminate access: (i) forbreach of these Terms or (ii) for legal or regulatory reasons. Upon termination, your access to the Serviceswill immediately ceases. Function AIwill continue to handle all data handling according to our Privacy Policy.
12.DISCLAIMERS. THESERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DISCLAIM ALL WARRANTIES,INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,AND ACCURACY OF DATA.
13.LIMITATIONOF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUNCTIONAI’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE PRIOR 12MONTHS. WE ARE NOT LIABLE FOR INDIRECTOR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR HIRING DECISIONS MADE USING OURPLATFORM.
14.INDEMNIFICATION. Youagree to indemnify and hold harmless Function AI from claims arising out of (i)your misuse of the Services; (ii) your violation of law (including FCRAviolations), and (iii) your hiring decisions.
15. DISPUTE RESOLUTON.
15.1 InformalResolution First. Before initiating any formal proceeding, you and FunctionAI agree to attempt to resolve any dispute, claim, or controversy arising outof or relating to these Terms or the Services (each, a “Dispute”)informally.
15.2 To initiateinformal resolution, the complaining party must provide written noticedescribing (i) the nature of the Dispute and (ii) the relief sought. Notice must be sent to: contactus@functionai.com.
15.3 The partiesagree to engage in good faith efforts to resolve the Dispute for at least thirty(30) days before initiating arbitration.
15.4 BindingArbitration. Except as expresslyprovided below, any Dispute that is not resolved informally shall be finallyand exclusively resolved by binding arbitration.
15.4.1 ArbitrationRules Arbitration shall be administered by the American Arbitration Association(“AAA”);
15.4.2 Proceedingsshall be conducted under the AAA Commercial Arbitration Rules;
15.4.3 Locationand Format.
(a) Arbitration shall take place in Texas,unless otherwise agreed; and
(b) The arbitration may be conducted inperson; by video conference; or based on written submissions
15.5 ArbitratorAuthority. Thearbitrator shall have exclusive authority to resolve all disputes, including scopeand enforceability of this arbitration provision. The arbitrator may award damages and reliefavailable under applicable law.
15.6 Finality. Thearbitrator’s decision shall be final and binding. Judgment may be entered in any court ofcompetent jurisdiction.
15.7 Exceptionsto Arbitration. Nothing in this section prevents either partyfrom seeking injunctive or equitable relief in a court of competentjurisdiction to protect intellectual property, confidential information, datasecurity, or bringing claims in small claims court, where eligible.
15.8 Opt-OutRight. You may opt out of this arbitration provisionby sending written notice within thirty (30) days of first accepting theseTerms. Notice must include: Your name, emailand clear statement that you wish to opt out. Send to: contactus@functionai.com. If you opt out, you remain bound by all other Terms.
15.9 GoverningLaw. This arbitration provision shall be governedby the Federal Arbitration Act and the laws of the State of Texas.
15.10 Severability. If any portion of this arbitration provision is found unenforceable, theunenforceable portion shall be severed and the remaining provisions shallremain in full force. However, if theclass action waiver is found unenforceable, the entire arbitration provisionshall be null and void
16. WAIVER OF JURY TRIAL. TO THE MAXIMUM EXTENT PERMITTED BY LAW,YOU AND FUNCTION AI WAIVE ANY RIGHT TO A TRIAL BY JURY.
17. CLASS ACTION WAIVER. TO THE MAXIMUM EXTENTPERMITTED BY LAW. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU MAY NOT BRING CLAIMS AS A PLAINTIFF ORCLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION OR REPRESENTATIVE ACTION. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATECLAIMS OR PRESIDE OVER CLASS OR REPRESENTATIVE PROCEEDINGS.
18. Governing Law. These Terms are governed by the laws of the State of Texas.
19. Changesto Terms. We may update these Terms from time totime. Your continued use constitutes acceptance.
20. Contact. If you have questions about theseTerms, our Services, or our privacy practices, you may contact us at:
Function AI
Email: contactus@functionai.com
For legal notices or formal requests,please contact:
Attn: Legal Department
Email: contactus@functionai.com
1920 McKinney Ave, 7th Floor
Dallas, TX, 75201
We will use commercially reasonableefforts to respond to inquiries in a timely manner.