Terms of Service

1. Agreement to Terms

By accessing or using Graphite AI's services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

2. Description of Services

Graphite AI provides custom AI-powered automation solutions for recruiting agencies, including but not limited to:

• Bespoke candidate sourcing engines
• Automated screening and scheduling systems
• Outreach automation tools
• Reporting and analytics solutions
• Integration with third-party ATS platforms

3. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information during the audit and co-design process
• Maintain the confidentiality of your account credentials
• Use our services in compliance with all applicable laws and regulations
• Ensure you have proper consent to process candidate data through our systems
• Not use our services for any unlawful or prohibited purpose
• Notify us immediately of any unauthorized access to your account

4. Payment Terms

Custom build fees start at $5,000 and are determined during the audit and co-design phase based on scope and complexity. Payment terms are as follows:

• 50% deposit required before development begins
• Remaining 50% due upon delivery and acceptance
• Monthly maintenance fees (if applicable) billed in advance
• All fees are non-refundable except as provided in our ROI guarantee

5. ROI Guarantee

We guarantee that your custom solution will deliver measurable ROI within 2-3 months of deployment. If the agreed-upon metrics are not achieved within this timeframe:

• We will rebuild or modify your system at no additional cost
• We will continue optimization until ROI targets are met
• ROI metrics and measurement criteria are established during the audit phase

This guarantee requires client cooperation in providing necessary access, data, and feedback during the optimization period.

6. Intellectual Property

Upon full payment, you own the custom solution built specifically for your agency. However:

• Graphite AI retains ownership of underlying frameworks, libraries, and methodologies
• You receive a perpetual, non-exclusive license to use the delivered solution
• You may not resell, redistribute, or license the solution to third parties
• We may use anonymized learnings to improve our services for other clients

7. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information disclosed during the engagement. This includes business processes, candidate data, client lists, and technical specifications. Confidentiality obligations survive termination of services for a period of three (3) years.

8. Limitation of Liability

To the maximum extent permitted by law, Graphite AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities. Our total liability for any claim arising from these terms or our services shall not exceed the amount paid by you for the services in the twelve (12) months preceding the claim.

9. Indemnification

You agree to indemnify and hold harmless Graphite AI and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our services, your violation of these terms, or your violation of any rights of a third party.

10. Termination

Either party may terminate the engagement with 30 days written notice. Upon termination:

• Access to our systems will be revoked
• We will provide a copy of your data upon request
• Outstanding payments become immediately due
• Confidentiality obligations continue as specified

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under these terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12. Changes to Terms

We reserve the right to modify these terms at any time. We will provide notice of significant changes via email or through our services. Your continued use of our services after such modifications constitutes acceptance of the updated terms.

13. Contact

For questions about these Terms of Service, please contact us at:

Email: caleb@graphitelabs.ai