Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Tech Easy IT ("Company," "we," "us," or "our"), the operator of ReferenceCheck AI (the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

ReferenceCheck AI is a software-as-a-service (SaaS) platform that uses artificial intelligence to automate and enhance the professional reference check process. The Service includes:

• Automated AI-powered voice calls to professional references via Twilio.
• Verbatim transcription of reference check calls.
• AI-generated candidate scoring and analysis powered by Google GenAI (Genkit).
• Defamation risk analysis ("Defamation Guard") for flagging potentially liable statements.
• PDF report generation and export capabilities.
• Account management and billing via Stripe.

3. Eligibility and Account Registration

You must be at least 18 years old and capable of entering into a binding legal agreement to use the Service. By registering, you represent and warrant that:

• All information you provide is accurate, current, and complete.
• You will maintain and promptly update your account information.
• You are responsible for all activity that occurs under your account.
• You will maintain the confidentiality of your login credentials.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

4. User Responsibilities and Conduct

When using the Service, you agree to:

• Obtain Proper Consent: You are solely responsible for obtaining all necessary consents from candidates before submitting reference contact information. This includes consent to contact the references and consent for call recording where required by law.
• Comply with Applicable Laws: You must comply with all applicable federal, state, local, and international laws and regulations, including those governing employment, privacy, call recording, and data protection.
• Provide Accurate Information: You must provide accurate and complete information for all reference check requests.
• Use in Good Faith: You must not use the Service to harass, stalk, defame, or otherwise harm any individual.

You agree NOT to:

• Reverse-engineer, decompile, or disassemble any part of the Service.
• Use automated systems (bots, scrapers) to access or interact with the Service, except as intended.
• Attempt to gain unauthorized access to other user accounts or our systems.
• Use the Service for any unlawful or fraudulent purpose.
• Resell, redistribute, or sublicense access to the Service without our written permission.

5. Call Recording and Compliance

The Service conducts automated voice calls to references that are recorded and transcribed. By using the Service, you acknowledge and agree that:

• References are notified at the beginning of each call that the conversation is being recorded.
• You are responsible for ensuring compliance with all applicable one-party and two-party consent laws for call recording in the jurisdiction(s) where calls are placed and received.
• You will not use the Service to place calls to jurisdictions where doing so would violate applicable law.
• We are not liable for any legal consequences arising from your failure to obtain proper consent or comply with applicable call recording laws.

6. AI-Generated Content and Disclaimers

The Service uses artificial intelligence to generate analysis, scores, reports, and recommendations. You expressly acknowledge and agree that:

• No Guarantee of Accuracy: AI-generated content, including candidate scores, defamation risk analysis, and reference summaries, may contain errors, inaccuracies, or biases. We do not warrant the accuracy, completeness, or reliability of any AI-generated output.
• Not Legal Advice: The Defamation Guard feature and all AI analysis are informational tools only. They do not constitute legal advice and should not be relied upon as a substitute for consultation with a qualified attorney.
• Not Employment Decisions: Reference check reports are provided as one input among many for employment decisions. You should not make hiring, firing, or other employment decisions solely based on our reports.
• Human Review Required: All AI-generated content should be reviewed by a qualified human before being acted upon.

7. Payments, Subscriptions, and Refunds

7.1 Pricing and Plans

The Service offers both one-time individual reference checks and recurring commercial subscription plans. Current pricing is displayed on the Service and is subject to change with 30 days' notice.

7.2 Payment Processing

All payments are processed securely through Stripe. By providing payment information, you authorize us to charge the applicable fees. You agree to Stripe's terms of service as they apply to payment processing.

7.3 Subscription Renewals and Cancellation

Commercial subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

7.4 Refund Policy

One-time reference check purchases are non-refundable once a call has been initiated. For subscriptions, refund requests may be submitted to nick@techeasyit.com within 14 days of a billing charge. Refunds are granted at our sole discretion.

8. Intellectual Property

All content, features, functionality, software, and design of the Service (excluding user-submitted data) are the exclusive property of Tech Easy IT and are protected by copyright, trademark, and other intellectual property laws.

You retain ownership of the data you submit to the Service. By using the Service, you grant us a limited, non-exclusive, revocable license to process your data solely for the purpose of providing the Service.

9. Limitation of Liability

10. Disclaimer of Warranties

11. Indemnification

You agree to indemnify, defend, and hold harmless Tech Easy IT and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Service.
• Your violation of these Terms.
• Your violation of any applicable law or regulation, including call recording consent laws.
• Your infringement of any third party's rights, including privacy rights.
• Any claim by a reference, candidate, or third party arising from your use of the Service.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination:

• Your right to access the Service immediately ceases.
• You may request a copy of your data within 30 days of termination.
• We may delete your data after 30 days following termination, unless retention is required by law.
• Sections 6, 8, 9, 10, 11, and 14 shall survive termination.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. For material changes, we will also send notice via the email associated with your account. Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Tech Easy IT regarding the use of the Service and supersede all prior agreements, representations, and understandings.

17. Contact Us

If you have questions about these Terms, please contact us at: