1. Introduction

‍Welcome to Nainly ("we," "us," "our"). These Terms and Conditions ("Terms") govern your use of our website (the "Site") and services (collectively, the "Services"). By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access the website or use any Services.

‍2. Our Services

‍Nainly is a technology company specializing in enhancing job seekers’ profiles and increasing their chances of landing job interviews through the following Services:

- Resume Assessments: Comprehensive evaluations of existing resumes to identify and rectify weaknesses, highlighting strengths to ensure alignment with industry standards.
- Resume Writing: Expert-crafted resumes tailored to client-specific career goals and experiences, aimed at increasing employer interest.
- Recruiter Outreach: Proactively promoting client profiles to a wide network of recruiters to maximize the chances of interview opportunities and job offers.

‍3. Use of Our Services

‍You are granted a non-exclusive, non-transferable license to access and use our Services strictly in accordance with these Terms. As a condition of your use of the Services, you warrant to Nainly that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Unlawful use includes, but is not limited to:

- Transmission of any material that violates any law or infringes the rights of any third party.
- Use of the Services in any manner that could damage, disable, overburden, or impair the Site.
- Attempting to gain unauthorized access to any part of the Site, other accounts, or networks connected to the Site.

‍4. Collection of Information

‍To provide our Services, we collect various types of personal information from our users, including but not limited to:

-Personal Information: This includes your name, address, phone numbers, and email addresses.
-Bank Account Information: Necessary for processing payments and other transactional purposes.
-Resume Information: Details about your professional history, skills, education, qualifications, and achievements.
-Job Preferences: Information regarding your career aspirations, desired job titles, preferred industries, and locations.We are committed to maintaining the confidentiality and security of your personal information and adhere to strict data protection practices as laid out in our Privacy Policy.

‍5. Confidentiality and Security

‍Nainly values your privacy and employs industry-standard security measures to protect your personal information. This includes the use of secure connections, encryption, and other standard security mechanisms. Despite our efforts to secure your personal information, we cannot guarantee absolute security and, by using our Services, you acknowledge and accept this inherent risk.

6. User Responsibilities

‍As a user of our Services, you are responsible for:

- Ensuring the veracity and completeness of the information you provide.
- Safeguarding your account information, including your password.
- Immediately notifying us of any unauthorized use of your account or any other security breaches.

‍7. Intellectual Property

‍All content, including text, graphics, logos, images, and software provided by Nainly, is our intellectual property or the intellectual property of our content suppliers. Such content is protected by copyright, trademark, and other laws. You are granted a limited license to access and use our content for personal and non-commercial purposes only. Any unauthorized use of the content may result in legal action.

‍8. Third-Party Links

‍Our website may contain links to third-party websites or services. These links are provided solely for your convenience and do not constitute an endorsement by Nainly. We are not responsible for the content, privacy policies, or practices of any third-party websites or services, and you access these at your own risk.

‍9. Disclaimer

‍Warranties and Representations

Nainly makes no representations, warranties, or guarantees, express or implied, about the suitability, reliability, availability, timeliness, and accuracy of the information, content, and services provided through our website. The Services are provided on an "as-is" and "as-available" basis. Your use of these services is at your own risk, and you agree that you are solely responsible for any damages that may result.

Limitation of Liability

In no event shall Nainly, its directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, data, or other intangible losses arising out of or in connection with your use of our services, even if we have been advised of the possibility of such damages.

‍10. Indemnification

‍You agree to indemnify, defend, and hold harmless Nainly, its directors, officers, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

- Your use of and access to the Services.
- Your violation of any term of these Terms.
- Your violation of any third-party right, including but not limited to any copyright, property, or privacy right.
- Any claim that your use of the Services caused damage to a third party.

11. Governing Law

‍These Terms are governed by and construed in accordance with the laws of the state in which Nainly operates, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or your use of our Services shall be resolved exclusively by the courts located in that state.

‍12. Changes to Terms

‍Nainly reserves the right, at its sole discretion, to modify or replace these Terms at any time. When we make changes, we will post the revised Terms on our website and update the "Last Updated" date at the bottom of this page. It is your responsibility to review these Terms periodically for changes. Your continued use of or access to the website following the posting of any changes to these Terms constitutes acceptance of those changes.

13. Waiver and Severability

‍No waiver by Nainly of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nainly to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

‍14. Entire Agreement

‍These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and Nainly with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Nainly. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

‍15. Contact Information

‍For any questions or concerns about these Terms or our Services, or if you need to contact us for any reason, you can reach us at:

Nainly  
1550 5 St SW Suite #300, Calgary, AB T2R 1K3
Phone: (217) 555-0113  
Email: customersupport@nainly.com  

‍16. Privacy Policy

‍Your use of our Services is also governed by our Privacy Policy, which outlines our practices regarding the collection, use, and sharing of your personal information. By using our Services, you agree to the practices described in our Privacy Policy.

‍17. Feedback and Complaints

‍We value your feedback and strive to provide excellent service. If you have any complaints or suggestions, please contact customer support at customersupport@nainly.com. We will review your feedback and aim to resolve any issues as promptly as possible.

‍18. Digital Communication

‍By using our Services, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

‍19. Service Interruptions

‍We strive to maintain the availability of our Services, but we cannot guarantee uninterrupted access to our site or Services. We may experience interruptions due to maintenance, upgrades, or unforeseen technical issues. By using our site, you acknowledge and accept potential service interruptions.

‍20. User Generated Content

‍Certain parts of our Site or Services may allow you to submit or post content such as reviews, comments, or other materials. By submitting this content, you grant Nainly a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You also grant Nainly the right to use the name you submit in connection with such content, if we choose.

You warrant that any content submitted by you does not infringe the rights of any third party and complies with all applicable laws. Nainly reserves the right to remove or edit any content submitted by users at its sole discretion.

21. Prohibited Activities

‍You agree not to engage in any of the following prohibited activities:- Violating any local, state, national, or international law or regulation.- Engaging in any form of fraud or misleading conduct.- Collecting or using any information provided by other users for unauthorized purposes.- Uploading or transmitting viruses, malware, or any other harmful code.- Interfering with the operation of our Site or Services or engaging in any activities that might harm the operation of our Site or Services.

‍22. Account Termination for Violation

‍Nainly reserves the right to terminate or suspend your account without notice if you violate any of these Terms or engage in any prohibited activities. Furthermore, we reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Site or Services.

‍23. Indemnity

‍You agree to indemnify, defend, and hold harmless Nainly, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you or any activity related to your account (including reckless or negligent conduct) by you or any other person accessing the Services using your account.

‍24. Feedback and Suggestions

‍We welcome your feedback, suggestions, or recommendations for improvements to our Services ("Feedback"). By submitting Feedback, you agree that we may use and share such Feedback for any purpose without compensation to you and without any obligation to keep such Feedback confidential.

‍25. Governing Law and Dispute Resolution

‍These Terms and any dispute arising out of or related to these Terms or the Services (each, a “Dispute”) will be governed by the laws of the state in which Nainly operates, without regard to its conflict of laws provisions. You agree to resolve any Dispute you have exclusively in the state or federal courts located in that state, and you consent to personal jurisdiction and venue in such courts.

‍26. Updates and Modifications

‍Nainly reserves the right to modify these Terms at any time. When we make updates, we will revise the "Last Updated" date at the bottom of this page and post the revised version on our Site. It is your responsibility to regularly check for updates. Your continued use of our Site and Services following the posting of any changes constitutes your acceptance of the revised Terms.

‍27. Assignment

‍Nainly may assign its rights and obligations under these Terms to any party at any time without notice to you. You may not assign your rights or obligations under these Terms without our prior written consent.

‍28. Notices

‍Any notices or other communications required or permitted hereunder shall be in writing and delivered by email, hand delivery, overnight courier, or by certified or registered mail, postage prepaid. Notices sent by email will be deemed received on the date of successful transmission if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient.

‍29. Translation and Interpretation

‍These Terms have been written in English and may be translated into other languages. In the event of any inconsistency or conflict between the English version and a version in another language, the English version shall prevail, and all disputes will be resolved based on the English version.

‍30. Entire Agreement

‍These Terms, together with our Privacy Policy and any other legal notices published on our Site, constitute the entire agreement between you and Nainly concerning the use of our Services. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Nainly’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

32. Confidentiality

‍Confidential Information: For the purposes of these Terms, "Confidential Information" shall include all written, electronic, or oral information disclosed by Nainly to the customer, including but not limited to business plans, financial statements, marketing strategies, technical data, product designs, customer lists, and any other proprietary information.

Obligations: The customer agrees to:

- Keep all Confidential Information received from Nainly confidential and not disclose it to any third party without the prior written consent of Nainly.
- Use the Confidential Information solely for the purpose of availing the Services provided by Nainly and not for any other purpose.
- Protect the Confidential Information using the same degree of care that they use to protect their own confidential and proprietary information, but in no event less than a reasonable degree of care.

Exclusions: Confidential Information does not include information that:

- Is or becomes publicly available through no wrongful act of the customer.
- Is already known to the customer at the time of disclosure, as evidenced by the customer’s written records.
- Is rightfully received from a third party without breach of any obligation of confidentiality.
- Is independently developed by the customer without the use of or reference to the Confidential Information.

Legal Disclosures: If the customer is required to disclose any Confidential Information by law or governmental order, the customer agrees to provide Nainly with prompt written notice of such request or requirement so that Nainly may seek an appropriate protective order or waive compliance with the provisions of this confidentiality clause.

Return or Destruction: Upon termination or expiration of the Services, or upon written request from Nainly, the customer agrees to promptly return or destroy all Confidential Information in their possession or control.

Remedies: The customer acknowledges that any unauthorized disclosure or use of the Confidential Information may result in irreparable harm to Nainly. Accordingly, Nainly shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity.

By using Nainly’s website and services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.