User Agreement

Last Updated: February 17th, 2025

1. Introduction and Acceptance

Welcome to Fairness Factor Inc., a California-incorporated company, ("Fairness Factor," "we," "us," or "our"). This User Agreement ("Agreement") governs your access to and use of our software application (the "Application"). By creating an account or using the Application, you ("User," "you," or "your") agree to be bound by this Agreement. If you do not agree with these terms, do not use the Application.

2. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California and the United States, without regard to its conflict of law principles. Any disputes arising under or related to this Agreement shall be subject to the exclusive jurisdiction of the state or federal courts located in California, except as otherwise agreed upon in a binding arbitration clause. The parties expressly waive any objection to venue in these courts.

3. Description of Services

Fairness Factor provides career coaching tools, interactive AI sessions, document generation, and role-playing simulations. Users create an account and select a pricing tier that determines their access to various features. Once an account is set up, users engage in Projects, which serve as structured coaching experiences tailored to specific workplace challenges. Examples of Projects include Performance Review Preparation, Requesting a Raise, and Requesting Flexible Hours. Each Project provides personalized AI-driven insights, document generation, and interactive role-playing to help users navigate workplace scenarios effectively.

Project Durations & Archiving

High Achiever Tier: Active for 90 days.
Rock Star Tier: Active for 120 days.
Power Player Tier: Active for 180 days.
Archived Projects: Projects become view-only post-expiration unless restored.
Account Continuity: Your account remains active indefinitely unless canceled. If you choose to cancel your account, your data will be retained for 90 days, after which it will be permanently deleted unless you reactivate your account within this period.

4. Consumption-Based Pricing and Payment Terms

Fairness Factor operates on a consumption-based pricing model, meaning users purchase credits or usage units that determine the volume of services they can access. These credits are consumed as users engage with different features of the platform.

High Achiever Tier: Includes a predefined number of AI interactions, document generations, and role-playing sessions.
Rock Star Tier: Offers an expanded allocation of services, including advanced AI coaching and extended document storage.
Power Player Tier: Provides the most extensive access, including premium AI assistance and enhanced coaching capabilities.

Payments and Project Restoration

Payments: Payments are processed through a secure third-party payment provider. Your financial details are handled according to their privacy policy and security protocols.
Project Restoration: Archived projects can be restored within 30 days for a fee.
Refunds:
- No prorated refunds.
- All purchases are final unless otherwise stated in our refund policy.

5. User Responsibilities

Users must provide accurate registration details, secure their account, and comply with applicable laws.

6. Third-Party Services

Fairness Factor integrates with:

Amazon Web Services (AWS) – Hosting & data storage.
Langchain – AI development framework.
LLM Providers: Anthropic, OpenAI, and Google AI (various use cases).

7. Security

We implement industry-standard security measures to protect user data, including:

Encryption: Data is encrypted in transit using TLS (Transport Layer Security) and at rest using AES-256 encryption.
Access Controls: Role-based access controls (RBAC) and multi-factor authentication (MFA) are used to restrict access to sensitive data.
Network Security: Firewalls, intrusion detection/prevention systems (IDS/IPS), and regular vulnerability scanning are employed.
Data Integrity and Backup: We maintain secure, redundant backups and implement versioning control to ensure data integrity.
Monitoring and Auditing: Continuous monitoring for unusual activity and periodic security audits to identify potential vulnerabilities.
Incident Response: A structured incident response plan is in place to quickly address security breaches and notify affected users when required by law.
Compliance: Fairness Factor adheres to applicable security standards, including SOC 2, CCPA, and GDPR, to ensure regulatory compliance.

Despite these measures, no security system is infallible, and users are encouraged to take additional precautions to protect their own data.

8. Intellectual Property

All content, software, and intellectual property associated with Fairness Factor Inc. are owned by Fairness Factor Inc. or its licensors. This includes but is not limited to:

The Fairness Factor name, logo, trademarks, branding, and all related graphics.
The AI models, software code, algorithms, and proprietary methodologies used within the Application.
All text, images, videos, designs, and other content created or provided by Fairness Factor.

Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Application solely for its intended purposes. Users may not:

Copy, modify, distribute, sell, lease, or sublicense any portion of the Application.
Reverse-engineer, decompile, or attempt to extract the source code of the Application.
Use Fairness Factor's trademarks, logos, or branding without explicit written permission.

Any feedback or suggestions provided by users may be used by Fairness Factor without any obligation or compensation to the user.

9. AI Technology Disclaimer

Fairness Factor utilizes generative AI technology to provide career coaching, document generation, and interactive role-playing. While we strive for accuracy and effectiveness, you acknowledge and agree that:

AI-generated content may contain errors, omissions, or inconsistencies. The technology can occasionally produce incorrect or misleading information, including "hallucinations" where the AI generates plausible but inaccurate or nonsensical content.
The AI does not have human judgment, personal knowledge, or the ability to verify facts in real time. It operates based on patterns and data but is not infallible.
You should not solely rely on AI-generated advice, recommendations, or documents without independent verification. It is your responsibility to assess the accuracy and applicability of AI-generated outputs for your specific situation.
Fairness Factor is not responsible for any decisions, actions, or consequences resulting from reliance on AI-generated content.
Users should exercise discretion and, when necessary, seek professional guidance (e.g., from HR professionals, career coaches, or legal experts) before taking action based on AI-driven insights.

By using the Application, you acknowledge these limitations and agree that Fairness Factor is not liable for any inaccuracies, misinterpretations, or unintended consequences arising from AI-generated content.

10. Beta User Agreement

As a Beta User of the Fairness Factor application, you acknowledge and agree that your participation in the Beta Program involves providing valuable feedback to Fairness Factor. To facilitate this process and improve the application, you grant Fairness Factor permission to access and review the details of your sessions within the application. This includes, but is not limited to, your interactions with the AI, the documents you generate, and your progress within Projects. Fairness Factor will use this information solely for the purpose of identifying areas for improvement, enhancing the application's functionality, and refining the AI models. Your session data will be treated as confidential and will not be shared with any third parties outside of Fairness Factor and its development team. Fairness Factor will maintain reasonable security measures to protect the confidentiality of your data.

Your feedback is essential to the success of Fairness Factor. As a Beta user, we encourage you to actively participate in surveys and provide us with your valuable insights. Your input helps us improve the application for everyone.

11. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Fairness Factor Inc., its affiliates, officers, directors, employees, contractors, agents, licensors, service providers, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:

Your violation of this Agreement or applicable laws.
Your use of the Application, including any data or content transmitted or received by you.
Your violation of any third-party rights, including intellectual property or privacy rights.
Any disputes between you and another user or a third party.
Any unauthorized access or use of your account.

Fairness Factor reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense.

12. User Content and Licensing

Users retain ownership of their uploaded and generated content.
Fairness Factor may use anonymized user data for service improvement and analytics.
Users grant Fairness Factor a non-exclusive, royalty-free license to use content solely for application functionality.

13. Cookies & Tracking Technologies

We use cookies to enhance user experience and analyze usage patterns.

14. Dispute Resolution & Binding Arbitration

Please read this section carefully as it affects your legal rights, including your right to file a lawsuit in court.

(a) Informal Dispute Resolution Before filing any formal dispute or claim, both you and Fairness Factor agree to attempt to resolve the dispute informally by notifying the other party in writing and engaging in good faith negotiations for at least 30 days. To initiate a dispute, you must contact Fairness Factor at customerservice@fairnessfactor.com. We will contact you at the email address associated with your account.

(b) Mandatory Binding Arbitration If a dispute is not resolved through informal means, both parties agree to resolve any claims through final and binding arbitration instead of in court. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration will be conducted in San Diego, California, unless both parties agree to conduct it remotely or in another location.

(c) Class Action Waiver You agree to bring claims against Fairness Factor only in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one individual's claims or preside over any class action.

(d) Exceptions to Arbitration The following disputes are not subject to arbitration:

Claims that qualify for small claims court;
Claims related to intellectual property rights;
Any other claims where arbitration is prohibited by applicable law.

(e) Opt-Out Option You may opt out of this arbitration provision by sending written notice to customerservice@fairnessfactor.com within 30 days of accepting this Agreement. Your opt-out notice must include your full name, mailing address, and a statement that you do not wish to resolve disputes with Fairness Factor through arbitration.

(f) Governing Law This arbitration provision shall be governed by the Federal Arbitration Act (FAA) and applicable laws of the United States and the State of California.

(g) Survival This dispute resolution section shall survive any termination of this Agreement or your relationship with Fairness Factor.

15. Service Modifications & Termination

Fairness Factor reserves the right to modify, suspend, or terminate any aspect of the services at any time. Users will be notified of significant changes.

16. Contact

Email: customerservice@fairnessfactor.com
Address: 11415 Elmstone Court, San Diego, CA 92131