Terms of Service

1. About these terms

These Terms of Service (“Terms”) are a legal agreement between you and Neni RMC Pty Ltd (“CV Advantage”, “we”, “us”, “our”) and govern your access to and use of our website at cvadvantage.com.au, and the software and services we provide through it (together, the “Service”).

By creating an account, purchasing credits, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which forms part of these Terms. If you do not agree, do not use the Service.

If you use the Service on behalf of an organisation, you confirm that you are authorised to bind that organisation to these Terms, and “you” includes that organisation.

2. Definitions

• Account — the individual or organisation account used to access the Service.
• Credits (also called tokens) — the prepaid units you purchase and spend to use paid features of the Service.
• Organisation Account — an Account used by a business, with one or more administrators and members and a shared pool of Credits.
• Your Content — documents, text and other material you (or your organisation’s users) upload to or enter into the Service, including CVs, cover letters, job descriptions, interview responses and notes.
• Output — the suggestions, questions, feedback, reports and other material the Service generates for you, including material produced using AI.

3. Eligibility

You must be at least 16 years old to use the Service. By using the Service you represent that you meet this requirement and that the information you provide to us is accurate and current.

4. Accounts

• Registration. You must provide accurate information and keep it up to date.
• Security. You are responsible for keeping your login credentials confidential and for all activity that occurs under your Account. Notify us promptly at privacy@cvadvantage.com.au if you suspect unauthorised use.
• Organisation Accounts. An administrator of an Organisation Account may invite members, manage roles, allocate the shared pool of Credits, and access content and reports created within that organisation. If you join an Organisation Account, you understand that its administrators can access and manage the content and activity in that Account. The organisation is responsible for its members’ use of the Service and for the Credits consumed by them.
• One person per individual account. Individual Accounts are for a single person and must not be shared.

5. Credits, pricing and payments

• Credit model. Paid features are accessed by purchasing and spending Credits. The number of Credits required for a feature is shown in the Service and may change from time to time.
• Payment processor. Payments are processed by Stripe. By purchasing, you agree to Stripe’s terms in addition to these Terms. We do not store your full card details (see the Privacy Policy).
• Prices and GST. Prices are displayed in the Service. Unless stated otherwise, prices are in Australian dollars and include GST where applicable.
• When Credits are spent. Credits are consumed when you use a paid feature. Because Output is generated using third-party AI and search services that we pay for per use, Credits spent on a completed action are generally not refundable, even if you are not satisfied with the Output, except as required by law (see Section 12).
• Expiry. Credits do not expire.
• Vouchers and promotions. We may issue promotional Credits or vouchers, which may carry additional conditions (such as expiry or single use) and may be withdrawn or amended at any time.
• Failed or disputed payments. We may suspend access to paid features if a payment fails or is charged back until the matter is resolved.

Australian Consumer Law: Nothing in this Section limits your rights under the Australian Consumer Law, including the consumer guarantees. See Section 12.

6. Acceptable use

You must not, and must not permit anyone else to:

• use the Service unlawfully, or in breach of any employment, anti-discrimination, privacy or other applicable law;
• upload content you do not have the right to upload, or that infringes a third party’s rights;
• upload another person’s personal information (for example, a candidate’s CV) unless you are permitted to do so and, where required, have their consent;
• upload malicious code, or attempt to gain unauthorised access to, disrupt, or reverse-engineer the Service or its underlying systems;
• scrape, resell, or provide the Service to third parties except as expressly permitted;
• use the Service to generate false, misleading or deceptive material, or to misrepresent a person’s qualifications or identity; or
• use the Service in a way that infringes our or a third party’s intellectual property or other rights.

We may investigate suspected breaches and take action under Section 13.

7. Your Content

• You retain ownership. As between you and us, you own Your Content. We do not claim ownership of it.
• Authorisation, sensitive information and AI processing. By providing Your Content you confirm that you are authorised to provide it, including any information about another person (such as a candidate you are assessing). You consent to Your Content being processed by our AI and search sub-processors, including recipients overseas (see the Privacy Policy). Your Content may contain sensitive information (for example, information about health, religion, or trade-union membership); you agree not to upload sensitive information that is not necessary for the assessment, and, where it concerns another person, that you have the authority or consent required to share it. We instruct our AI provider to disregard protected attributes when assessing and not to surface them in Output.
• Free checks. You may run a limited free check without first creating an account. A notice is shown at the point of upload, and by uploading you agree to these Terms and the Privacy Policy. Content uploaded for a free check is retained only briefly (currently up to 3 days) and then automatically deleted unless you create an account to unlock the full report; see the Privacy Policy for details, including the abuse-prevention fingerprint we retain. If you type your email address into “keep my report,” it is used only to send you the link to your own report and a single expiry reminder, is deleted with the report (or carried to your account if you sign up), and is never used for marketing or shared.
• Licence to us. You grant us a non-exclusive, worldwide licence to host, store, copy, process and transmit Your Content solely to provide, secure, support and improve the Service for you, including sending relevant content to the third-party providers described in the Privacy Policy (such as our AI and search providers) to generate Output.
• Your responsibility for Your Content. You are responsible for Your Content and for having all rights and consents needed to provide it to us and to have it processed as described. This is particularly important where you upload information about other people (for example, candidates you are assessing).
• Sensitive information. Please avoid uploading sensitive information unless it is necessary.
• No unlawful hiring use. If you use Output to help make recruitment or employment decisions, you are solely responsible for those decisions and for complying with all applicable employment and anti-discrimination laws.

8. AI-generated Output

• Assistive only. The Service uses artificial intelligence and automated search to produce Output. Output is provided to assist you and is not professional, legal, career or recruitment advice.
• May be inaccurate. Output can be incorrect, incomplete, outdated or unsuitable, and web-research results may relate to the wrong person or be out of date. You must review, verify and edit any Output before relying on or using it.
• You approve the final result. You are responsible for any final CV, cover letter, interview answer, report or decision you produce or make using the Service.
• No guaranteed outcome. We do not guarantee any particular result, including that you will secure an interview, a job, or any other outcome.
• Your use of Output. Subject to these Terms, you may use the Output you generate for your own personal or internal business purposes.

9. Our intellectual property

The Service, including its software, design, text, and branding (but excluding Your Content and Output), is owned by us or our licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms. You must not copy, modify, distribute, sell or create derivative works from the Service except as expressly permitted.

10. Third-party services

The Service relies on third-party providers (including those listed in the Privacy Policy, such as Anthropic, Stripe, Resend, Apify and SerpApi) and may link to third-party websites. We are not responsible for third-party services or websites, and your use of them may be subject to their own terms.

11. Privacy

Our handling of personal information is described in our Privacy Policy. By using the Service you acknowledge that policy.

12. Consumer guarantees and disclaimers

Australian Consumer Law. Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the ACL or any other law where to do so would be unlawful.

To the extent permitted by law:

• the Service and Output are provided “as is” and “as available”, and we do not make warranties beyond those that cannot be excluded by law;
• we do not warrant that the Service will be uninterrupted, error-free, secure, or that Output will be accurate, complete or fit for a particular purpose; and
• where we are liable for a failure to comply with a consumer guarantee in respect of services (and the services are not of a kind ordinarily acquired for personal, domestic or household use), our liability is limited, at our option, to resupplying the services or paying the cost of having them resupplied.

13. Suspension and termination

• By you. You may stop using the Service and close your Account at any time.
• By us. We may suspend or terminate your access (in whole or part) if you breach these Terms, if we reasonably suspect unlawful or harmful use, if required by law, or if we discontinue the Service.
• Effect. On termination, your right to use the Service ends. Sections that by their nature should survive (including Sections 7, 8, 9, 12, 14 and 15) continue to apply.
• Unused Credits. If we terminate your Account other than for your breach or unlawful conduct, we will, where required by law or otherwise at our reasonable discretion, refund or preserve any unused Credits. Where we terminate for your breach or unlawful conduct, unused Credits may be forfeited to the extent permitted by law.

14. Limitation of liability

Subject to Section 12 (and to the extent permitted by law):

• we are not liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, data, goodwill or opportunity, arising out of or in connection with the Service or Output; and
• our total aggregate liability arising out of or in connection with the Service and these Terms is limited to the greater of (a) the amount you paid us for Credits in the three (3) months before the event giving rise to the liability, or (b) AUD $100.

Nothing in this Section limits liability that cannot be limited under the ACL or other applicable law.

15. Indemnity

To the extent permitted by law, you agree to indemnify us against claims, liabilities, losses and reasonable costs arising from your breach of these Terms, your misuse of the Service, or your uploading or use of content (including another person’s personal information) without the necessary rights or consents. This does not apply to the extent a claim is caused by our own breach or negligence.

16. Changes to the Service and these Terms

We may update the Service and these Terms from time to time. If we make a material change to these Terms, we will take reasonable steps to notify you (for example, by email or an in-app notice) and will update the “Last updated” date above. Changes apply from their effective date. Continued use of the Service after that date means you accept the updated Terms. If you do not accept them, you must stop using the Service.

17. Governing law

These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the courts able to hear appeals from them.

18. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service and supersede any prior understanding.
• Severability. If any provision is found invalid or unenforceable, the rest continues in effect.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a sale or restructure of our business.
• Notices. We may give notices via the Service or by email to your Account email. You can contact us as set out in Section 19.

19. Contact us

Neni RMC Pty Ltd
1 Northcote Avenue, Balwyn VIC 3103, Australia
Email: privacy@cvadvantage.com.au

These Terms are provided by Neni RMC Pty Ltd and are not legal advice. We recommend having them reviewed by a qualified Australian lawyer before publication.