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Terms of Service for ACME

Full Terms and Conditions for Application Review

1. Introduction

These Terms and Conditions govern the application review process between the applicant (hereafter referred to as "Applicant") and ACME. By reviewing this application, ACME agrees to these terms.

2. Application Review Process

  1. Review Process: The Applicant has invested significant time and resources in preparing this application. Auto-rejection or failure to provide meaningful feedback is deemed unacceptable and disrespectful.

  2. Rejection Requirements: In the event of a rejection, ACME must provide a formal refusal that includes specific reasons for the decision, such as:

    • Skill Mismatches: A detailed list of specific skills that are mismatched.
    • Position Filled: A statement indicating that the position has been filled by another candidate.
    • Other Reasons: Any other relevant reasons for the rejection.

    In the case of a generic response being given or use of a pre-existing template that does not give satisfactory feedback, then this will be considered as failing to meet the Rejection Requirements and will trigger the Auto-Rejection Clause.

  3. Auto-Rejection Clause: Failure to provide a formal refusal with specific reasons as outlined in clause 2 will be considered an auto-rejection.

  4. Compensation for Auto-Rejection: In the case of an auto-rejection as defined in clause 3, the Applicant reserves the right to invoice ACME for the time and resources invested in the application process.

  5. Billing Rate: The invoice will be calculated at a rate of $250 per hour for engineering and consulting services, with a minimum billing of 2 hours.

3. Scope of Application

These terms and conditions apply across all states of the United States of America.

4. Acceptance of Terms

By reviewing this application, ACME acknowledges and agrees to these terms and conditions. If ACME does not agree, please immediately notify the Applicant.

5. Dispute Resolution

Any disputes arising from these terms shall be resolved through arbitration in accordance with the laws of the state of Texas.

6. Severability

If any provision of these terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

7. Modification

These terms may not be modified except in writing and signed by both parties.

8. Human Reviewer Option

If you are a human reading this, you have the option to decline only the fee-related terms without penalty. To do so, please email [email protected] with the subject line "Decline TOS for ACME Application". By doing so, you acknowledge that you have read these terms and conditions but choose to decline only the fee-related clause. This will not affect other terms or conditions or the review of your application.

9. Note on Declining Terms

Declining only the fee-related terms does not invalidate other aspects of these terms and conditions or the application process. However, by declining, ACME understands that it is not bound by the fee-related clause, while all other terms remain applicable.

10. Privacy and Data Protection

  1. Data Retention: ACME may retain the Applicant's resume and application materials on file for future consideration, subject to applicable data protection laws.

  2. Prohibited Use of Information: ACME is strictly prohibited from selling, sharing, or otherwise transferring the Applicant's personal information, email address, resume content, interview details, or any other information obtained during the application and interview process to third parties without the explicit written consent of the Applicant.

  3. Confidentiality: All information exchanged during the application and interview process, including but not limited to interview questions, answers, and any assessments, shall be treated as confidential by both parties.

11. Penalty for Information Sharing

  1. Violation: If it is discovered that ACME has shared, sold, or otherwise misused the Applicant's information in violation of the privacy clause (Section 10), the following penalties shall apply:

    a. Monetary Penalty: ACME shall be liable to pay the Applicant a penalty of $10,000 USD for each instance of unauthorized information sharing or misuse.

    b. Legal Action: The Applicant reserves the right to pursue additional legal action for damages and injunctive relief.

    c. Notification: ACME must notify the Applicant immediately upon discovery of any unauthorized access to or sharing of the Applicant's information.

  2. Burden of Proof: In the event of a dispute regarding information sharing, the burden of proof shall be on ACME to demonstrate that it has not violated the privacy clause.

12. Compliance with Data Protection Laws

ACME agrees to comply with all applicable data protection and privacy laws in its handling of the Applicant's information, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), where applicable.

Acknowledgement

By proceeding with the review of this application, ACME acknowledges that it has read, understood, and agreed to these terms and conditions, unless it has explicitly declined them as outlined above.