Terms of Service | CVParserPro

1. Introduction and Acceptance

1.1 Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("Customer," "you," or "your"), and Atlas Capital SpA, a company incorporated under the laws of Chile ("CVParserPro," "we," "us," or "our"), governing your access to and use of the CVParserPro website (https://cvparserpro.com), application programming interface ("API"), and all related 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 may not access or use the Service.

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you do not have such authority, you may not accept these Terms or use the Service on behalf of such entity.

1.2 Additional Terms

Your use of the Service is also governed by:

Our Privacy Policy (https://cvparserpro.com/legal/privacy)
Our Data Processing Agreement (https://cvparserpro.com/legal/dpa), which is incorporated herein by reference
Our Acceptable Use Policy (Section 7 of these Terms)
Any Order Form or Subscription Agreement executed between you and CVParserPro

In the event of a conflict between these Terms and any Order Form, the Order Form shall control with respect to the specific subject matter of that Order Form.

1.3 Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

Update the "Last Updated" date at the top of these Terms
Notify you via email at least thirty (30) days before the changes take effect
Post the updated Terms on our website

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service before the effective date.

2. Description of Service

2.1 Service Overview

CVParserPro provides AI-powered resume and CV parsing services that extract structured data from unstructured resume documents. The Service includes:

Resume Parsing API: RESTful API endpoints for programmatic resume parsing
Web Interface: Browser-based interface for manual resume uploads and parsing
Dashboard: Account management, usage analytics, and API key management
Documentation: Technical documentation and integration guides

2.2 Service Availability

We will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for:

Scheduled maintenance (with reasonable advance notice)
Emergency maintenance
Circumstances beyond our reasonable control

We do not guarantee any specific uptime percentage unless expressly stated in a separate Service Level Agreement.

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will use reasonable efforts to provide advance notice of material changes that may adversely affect your use of the Service.

3. Account Registration and Security

3.1 Account Creation

To access the Service, you must create an account by providing accurate and complete registration information. You agree to:

Provide truthful, accurate, and complete information
Maintain and promptly update your account information
Keep your login credentials confidential and secure
Notify us immediately of any unauthorized access or security breach

3.2 Account Responsibility

You are solely responsible for:

All activities that occur under your account
Maintaining the confidentiality of your API keys and credentials
Ensuring that only authorized personnel access your account
Any actions taken using your API keys, whether or not authorized by you

3.3 Account Restrictions

You may not:

Create multiple accounts to circumvent usage limits or restrictions
Share your account credentials with third parties (except authorized employees)
Transfer or assign your account without our prior written consent
Use another party's account without authorization

4. Fees and Payment

4.1 Pricing

The Service is offered under various pricing plans as described on our website or in an Order Form. Fees are based on usage volume, features, and subscription tier.

4.2 Free Tier

We may offer a free tier with limited usage. Free tier usage is subject to these Terms and may be modified or discontinued at any time.

4.3 Payment Terms

For paid subscriptions:

Fees are billed in advance on a monthly or annual basis
All fees are non-refundable except as expressly stated herein or required by law
You authorize us to charge your designated payment method for all applicable fees
Fees are exclusive of taxes; you are responsible for all applicable taxes

4.4 Overages

If you exceed the usage limits of your plan, you will be charged overage fees at the rates specified in your plan or Order Form. We will notify you when you approach or exceed your usage limits.

4.5 Price Changes

We may change our prices at any time. For existing subscriptions, price changes will take effect at the start of the next billing cycle following thirty (30) days' notice.

4.6 Late Payment

If payment is not received when due:

We may suspend access to the Service after fifteen (15) days of non-payment
We may terminate your account after thirty (30) days of non-payment
You will be responsible for all costs of collection, including reasonable attorneys' fees

5. Customer Data

5.1 Ownership

As between you and CVParserPro, you retain all right, title, and interest in and to:

All resumes, CVs, and documents you upload to the Service ("Input Data")
All structured data extracted from your Input Data ("Output Data")
All data, information, and content you provide to us (collectively with Input Data and Output Data, "Customer Data")

5.2 License to Customer Data

You grant CVParserPro a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and transmit Customer Data solely to:

Provide the Service to you
Comply with your instructions
Comply with applicable law

5.3 Anonymized Data

You grant CVParserPro the right to create anonymized and aggregated data derived from Customer Data ("Anonymized Data") and to use such Anonymized Data for:

Improving and enhancing the Service
Training and improving our machine learning models
Research and development
Generating aggregate statistics and benchmarks

Anonymized Data will not identify you, any individual, or any specific Customer Data. You may opt out of the use of your data for model training by notifying us at [email protected].

5.4 Data Processing Agreement

Our processing of personal data contained in Customer Data is governed by our Data Processing Agreement, which is incorporated into these Terms by reference and available at https://cvparserpro.com/legal/dpa.

5.5 Data Deletion

Upon termination of your account:

You may request export of your Customer Data for up to thirty (30) days
We will delete your Customer Data within ninety (90) days of termination, except as required by law or as necessary for legitimate business purposes (e.g., billing records)
Anonymized Data may be retained indefinitely

6. Customer Representations, Warranties, and Responsibilities

6.1 General Representations and Warranties

You represent and warrant that:

(a) You have the legal capacity and authority to enter into these Terms;

(b) If you are accepting these Terms on behalf of an entity, you have the authority to bind that entity;

(d) You will not use the Service for any unlawful, fraudulent, or malicious purpose.

6.2 Customer Data Representations and Warranties

YOU REPRESENT AND WARRANT THAT:

(a) Ownership and Rights: You own or have obtained all rights, consents, permissions, and licenses necessary to upload, transmit, and process all Customer Data through the Service, including any personal data contained in resumes or CVs;

(b) Consent for Third-Party Data: For any resumes or personal data of third parties (including job applicants and candidates) that you upload to the Service:

You have provided all required notices to such individuals regarding the processing of their personal data through the Service;
You have obtained all consents required under applicable data protection laws, including but not limited to the EU General Data Protection Regulation ("GDPR"), the California Consumer Privacy Act ("CCPA"), the California Privacy Rights Act ("CPRA"), and any other applicable privacy laws;
You have a valid legal basis for processing such personal data;
You are authorized to disclose such personal data to CVParserPro for processing;

(c) Lawful Instructions: Your instructions to us regarding the processing of personal data comply with all applicable laws;

(d) No Prohibited Data: Customer Data does not include data that you are prohibited from disclosing or processing under applicable law;

(e) Employment Law Compliance: Your use of the Service and any decisions made based on Output Data comply with all applicable employment, labor, and anti-discrimination laws.

6.3 Customer Responsibilities

You are solely responsible for:

(a) Data Subject Rights: Responding to requests from data subjects (individuals whose personal data is processed) regarding access, correction, deletion, or other rights under applicable data protection laws;

(b) Data Accuracy: Verifying the accuracy of Output Data before relying on it for any purpose, including employment decisions;

(c) Employment Decisions: All employment decisions, including hiring, rejection, or any other personnel decisions. CVParserPro does not make employment decisions or recommendations;

(d) Security: Implementing appropriate technical and organizational measures to protect Customer Data in your possession or control;

(e) Compliance: Ensuring your use of the Service complies with your own privacy policies, terms of service, and applicable laws.

6.4 Acknowledgment of Risk

YOU ACKNOWLEDGE AND AGREE THAT:

(a) You are uploading personal data of third parties to the Service;

(b) You bear full responsibility for ensuring you have proper authorization to process such data;

(d) Any failure to obtain proper consents may expose you to legal liability under applicable data protection laws.

6.5 Additional Obligations for EU/EEA Customers

If you are located in the European Union or European Economic Area, or if you process personal data of EU/EEA residents through our Service, you additionally acknowledge and agree that:

(a) You are the Data Controller: You, not CVParserPro, are the data controller under GDPR for all personal data you process through the Service. CVParserPro acts solely as your data processor;

(b) Your GDPR Compliance: You are solely responsible for ensuring your use of the Service complies with GDPR, including but not limited to:

Establishing a valid legal basis for processing (Article 6)
Obtaining explicit consent for special category data where required (Article 9)
Providing required transparency notices to data subjects (Articles 13-14)
Conducting data protection impact assessments where required (Article 35)
Responding to data subject rights requests (Articles 15-22)
Ensuring lawful international data transfers (Chapter V);

(c) No EU Establishment: CVParserPro is incorporated in Chile and does not have an establishment in the European Union. By using the Service, you acknowledge this fact and accept full responsibility for your own GDPR compliance;

(d) Indemnification: Without limiting Section 12, you specifically agree to indemnify CVParserPro against any claims, fines, penalties, or enforcement actions by EU supervisory authorities arising from your use of the Service or your failure to comply with GDPR.

7. Acceptable Use Policy

7.1 Prohibited Uses

You may not use the Service to:

(a) Violate Laws: Violate any applicable law, regulation, or third-party rights;

(b) Unauthorized Data: Process personal data without proper authorization or consent;

(c) Discrimination: Make employment decisions that discriminate based on protected characteristics, including race, color, religion, sex, national origin, age, disability, genetic information, or any other characteristic protected by applicable law;

(d) Circumvent Security: Attempt to gain unauthorized access to the Service, other accounts, or computer systems;

(e) Interfere with Service: Interfere with or disrupt the integrity or performance of the Service;

(f) Reverse Engineering: Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;

(g) Excessive Use: Make excessive API calls designed to overload or stress the Service;

(h) Competitive Analysis: Use the Service to build a competitive product or service;

(i) Resale: Resell, sublicense, or redistribute the Service without our prior written consent;

(j) Malicious Content: Upload content containing viruses, malware, or other harmful code;

(k) Scraping: Use automated means to access the Service except through our API as documented.

7.2 Enforcement

We reserve the right to investigate and take appropriate action against violations of this Acceptable Use Policy, including:

Suspending or terminating your account
Removing prohibited content
Reporting violations to law enforcement
Pursuing legal remedies

8. Intellectual Property

8.1 CVParserPro Ownership

CVParserPro and its licensors retain all right, title, and interest in and to:

The Service, including all software, algorithms, models, and technology
Our trademarks, logos, and brand features
All documentation, templates, and materials we provide
Any improvements, modifications, or derivative works of the foregoing

8.2 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

8.3 Restrictions

Except as expressly permitted in these Terms, you may not:

Copy, modify, or create derivative works of the Service
Rent, lease, lend, sell, or sublicense the Service
Remove or alter any proprietary notices or labels
Use our trademarks without prior written consent

9. Third-Party Services

9.1 Integrations

The Service may integrate with or provide links to third-party services, applications, or websites. We are not responsible for the availability, accuracy, or content of such third-party services.

9.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and privacy policies. We do not endorse or assume any responsibility for third-party services.

10. Warranties and Disclaimers

10.1 Limited Warranty

CVParserPro warrants that the Service will perform substantially in accordance with our documentation during your subscription term. Your exclusive remedy for breach of this warranty is, at our option, (a) correction of the non-conforming Service, or (b) termination of your subscription and a pro-rata refund of prepaid fees.

10.2 Disclaimer of Warranties

EXCEPT FOR THE LIMITED WARRANTY IN SECTION 10.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING:

(a) MERCHANTABILITY: Any warranty that the Service is fit for a particular purpose;

(b) FITNESS FOR PURPOSE: Any warranty that the Service will meet your requirements;

(d) ACCURACY: Any warranty regarding the accuracy, completeness, or reliability of Output Data or parsing results;

(e) AVAILABILITY: Any warranty that the Service will be uninterrupted, timely, secure, or error-free.

10.3 Parsing Accuracy Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT:

(a) The Service uses artificial intelligence and machine learning technologies that may not always produce accurate results;

(b) Output Data may contain errors, omissions, or inaccuracies;

(c) You are solely responsible for reviewing and verifying the accuracy of Output Data before relying on it for any purpose, including employment decisions;

(d) CVParserPro does not guarantee any specific level of parsing accuracy;

(e) The Service is a tool to assist your processes, not a replacement for human review and judgment;

(f) CVParserPro is not responsible for any decisions you make based on Output Data.

10.4 No Employment Decisions

CVPARSERPRO DOES NOT MAKE EMPLOYMENT DECISIONS OR RECOMMENDATIONS. THE SERVICE EXTRACTS AND STRUCTURES DATA FROM RESUMES; IT DOES NOT EVALUATE, RANK, SCORE, OR RECOMMEND CANDIDATES. ALL EMPLOYMENT DECISIONS ARE SOLELY YOUR RESPONSIBILITY.

11. Limitation of Liability

11.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CVPARSERPRO, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

(a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;

(b) LOSS OF PROFITS, REVENUE, BUSINESS, OR ANTICIPATED SAVINGS;

(d) COST OF PROCUREMENT OF SUBSTITUTE SERVICES;

(e) DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE;

(f) DAMAGES ARISING FROM ANY THIRD-PARTY CLAIMS;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF CVPARSERPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CVPARSERPRO'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF:

(a) THE TOTAL FEES PAID BY YOU TO CVPARSERPRO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR

(b) ONE HUNDRED US DOLLARS (USD $100).

11.3 Super Cap for Data Breaches

Notwithstanding Section 11.2, CVParserPro's total liability for claims arising from a data breach caused by our gross negligence or willful misconduct shall not exceed the total fees paid by you during the twenty-four (24) months immediately preceding the claim.

11.4 Exceptions

The limitations in this Section 11 shall not apply to:

Liability arising from fraud or fraudulent misrepresentation
Liability for death or personal injury caused by negligence (where prohibited by applicable law)
Liability that cannot be limited or excluded under applicable law
Your indemnification obligations under Section 12

11.5 Essential Purpose

The parties agree that the limitations of liability in this Section 11 are an essential basis of the bargain between the parties and that CVParserPro would not have entered into these Terms without such limitations.

12. Indemnification

12.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless CVParserPro, its affiliates, and their respective directors, officers, employees, agents, and licensors (collectively, "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

(a) Consent Failures: Any claim by a data subject or regulatory authority arising from your failure to obtain proper consent or authorization to process personal data through the Service;

(b) Data Protection Violations: Any claim arising from your violation of applicable data protection or privacy laws, including GDPR, CCPA, CPRA, or other applicable laws;

(d) Employment Decisions: Any claim arising from employment decisions you make based on Output Data, including claims of discrimination, wrongful termination, or other employment-related claims;

(e) Third-Party Rights: Any claim that Customer Data infringes, misappropriates, or violates third-party intellectual property rights, privacy rights, or other rights;

(f) Breach of Terms: Your breach of these Terms, including your representations and warranties;

(g) Misuse of Service: Your use of the Service in violation of applicable law or the Acceptable Use Policy.

12.2 Indemnification Procedure

We will:

Promptly notify you of any claim subject to indemnification
Provide reasonable cooperation in the defense of such claim
Allow you to control the defense and settlement of such claim (provided that you may not settle any claim that imposes obligations on us without our prior written consent)

We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification.

13. Term and Termination

13.1 Term

These Terms commence on the date you first access or use the Service and continue until terminated as provided herein.

13.2 Termination by You

You may terminate your account at any time by:

Using the account termination feature in your dashboard
Contacting us at [email protected]

Termination does not entitle you to a refund of any prepaid fees, except as expressly stated herein or required by law.

13.3 Termination by CVParserPro

We may terminate or suspend your account:

(a) For Convenience: Upon thirty (30) days' prior written notice;

(b) For Cause: Immediately upon notice if you:

Breach any material term of these Terms
Fail to pay fees when due
Violate the Acceptable Use Policy
Engage in fraudulent or illegal activity
Become subject to bankruptcy or insolvency proceedings

13.4 Effect of Termination

Upon termination:

Your right to access and use the Service will immediately cease
You must pay all fees owed through the termination date
You must delete all copies of our documentation and materials
We will delete your Customer Data in accordance with Section 5.5
Sections 5.1, 5.3, 6, 8, 10, 11, 12, 14, and 15 shall survive termination

13.5 Data Export

Upon your request made within thirty (30) days of termination, we will provide you with a copy of your Customer Data in a standard format. After this period, we have no obligation to maintain or provide your Customer Data.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Chile, without regard to its conflict of laws principles.

14.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve disputes within thirty (30) days of receipt of your notice.

14.3 Arbitration

Any dispute arising out of or relating to these Terms that is not resolved informally shall be finally settled by binding arbitration administered by the Santiago Arbitration and Mediation Center (CAM Santiago) in accordance with its rules then in effect. The arbitration shall be conducted in Santiago, Chile, in the English language, by a single arbitrator.

14.4 Exceptions to Arbitration

Notwithstanding Section 14.3, either party may:

Seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights
Bring an action in small claims court if the claim qualifies

14.5 Class Action Waiver

YOU AND CVPARSERPRO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, Data Processing Agreement, and any Order Forms, constitute the entire agreement between you and CVParserPro regarding the Service and supersede all prior agreements, understandings, and communications.

15.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

15.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. CVParserPro may assign these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and assigns.

15.5 Notices

Notices to CVParserPro must be sent to:

Atlas Capital SpA
Badajoz 100, Of. 1004
Santiago, Chile
Email: [email protected]

Notices to you will be sent to the email address associated with your account.

15.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of war or terrorism, labor disputes, government actions, power failures, or internet disturbances.

General Inquiries: [email protected]
Legal Inquiries: [email protected]
Privacy Inquiries: [email protected]

17. Acknowledgment

BY CLICKING "I ACCEPT," CREATING AN ACCOUNT, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.