Terms of Service

1. Introduction and Acceptance of Terms

1.1 Services. As used in these Terms, “Services” means the website located at https://www.jobnimbus.com (the “Website”), the JobNimbus web application, desktop application, mobile applications, APIs, and all related tools, features, content, and functionality offered by JobNimbus.

1.2 Acceptance. By accessing or using the Services, creating an Account, signing an Order Form or clicking a box or button indicating acceptance, Customer agrees to be bound by these Terms. If Customer is accessing or using the Services on behalf of a company, organization, or other legal entity, Customer represents and warrants that Customer has the authority to bind that entity to these Terms, and the term “Customer” as used herein shall refer to that entity.

1.3 Refusal. If Customer does not agree to these Terms, Customer may not access or use the Services.

2. Definitions

As used in these Terms, the following capitalized terms shall have the meanings set forth below: Account; Administrator; Affiliate; Agreement; Beta Features; Confidential Information; Customer; Customer Data; Data Retention Policy; Documentation; Feedback; Fees; Force Majeure Event; JobNimbus Parties; Marketing Activities; Marketing Discount; Marketing Materials; Third-Party Materials; and User — each defined in the body of this section as it appears below.

3. Eligibility; Account Registration, Ownership, and Security

3.1 Eligibility. To access or use the Services, Customer must be at least eighteen (18) years of age (or, if Customer is an entity, must be validly organized and existing) and reside or be located in the United States, any of its territories, or Canada. By using the Services, Customer represents and warrants that Customer meets these requirements. JobNimbus reserves the right to refuse access to the Services to any person or entity at its sole discretion.

3.2 Account Creation. To use the Services, Customer must create an Account. Customer agrees to provide true, accurate, current, and complete information during registration and to maintain and update such information. Customer may link third-party accounts (e.g., Google, Apple) for authentication purposes. Customer shall not create an Account if previously removed or banned from the Services unless JobNimbus provides written consent.

3.3 Account Ownership and Administration. The Account is owned by the individual or entity identified during registration. The Administrator has authority to manage the Account, including adding and removing Users, setting access levels, creating subaccounts, and managing billing. In the event of a dispute regarding Account ownership, JobNimbus reserves the right to determine the rightful Account owner in its reasonable discretion based on registration information, payment history, domain ownership, and other relevant factors, and such determination shall be final. Upon a change of ownership of the Customer entity (e.g., sale, merger, or acquisition), the Account and all associated Customer Data shall transfer to the successor entity, provided the successor agrees to be bound by these Terms and written directions from the Administrator.

3.4 Account Security. Customer is solely responsible for maintaining the confidentiality and security of all Account credentials, including usernames, passwords, and any API keys. Customer accepts responsibility and liability for all activities that occur under its Account, whether or not authorized by Customer. Customer must immediately notify JobNimbus at support@jobnimbus.com if Customer knows or suspects that Account credentials have been compromised or there has been any unauthorized access to or use of the Account. JobNimbus shall not be liable for any loss or damage arising from Customer’s failure to maintain Account security.

3.5 Credential Sharing Prohibited. Account credentials are assigned to designated Users and may not be shared with, or used by, any person other than the assigned User. A User license may be reassigned to a new User who replaces a former User that Customer no longer authorizes to use the Services. If JobNimbus discovers that Customer has permitted unauthorized sharing of credentials or access by persons other than assigned Users, JobNimbus may, in its sole discretion: (a) immediately suspend or terminate the affected Account or User access; and (b) charge Customer for such unauthorized usage at the then-current per-User subscription rates, retroactively calculated from the date the unauthorized use reasonably began as determined by JobNimbus.

4. Subscriptions, Payment, and Billing

4.1 Fees. Customer agrees to pay all applicable Fees and taxes in U.S. Dollars. Fees are as set forth on the applicable pricing page, subscription page, or order documentation within the Services at the time of purchase. Failure to pay Fees when due shall result in suspension or termination of access to the Services.

4.2 Pricing Changes. JobNimbus reserves the right to change its subscription plans or adjust pricing for the Services. Any pricing changes shall take effect following at least thirty (30) days’ prior written notice to Customer (which may be provided by email or through the Services). Price changes shall apply beginning with the next billing period following the notice period. If Customer does not consent to a price change, Customer may cancel the subscription before the new pricing takes effect.

4.3 Payment Authorization. Customer shall provide and maintain a valid payment method (credit card, debit card, ACH, or other method accepted by JobNimbus). Customer authorizes JobNimbus and its payment processors to charge the designated payment method for all Fees and applicable taxes. Customer is responsible for keeping payment method information current and accurate. If a payment method fails, JobNimbus may attempt additional charges and, if unsuccessful, may suspend or terminate access to the Services. Taxes shall be calculated based on billing information provided by Customer at the time of purchase.

4.4 Subscription Renewals and Cancellations. Subscriptions automatically renew at the end of each subscription period at the then-current rates, and Customer’s payment method shall automatically be charged at the start of each new subscription period. To cancel a subscription, Customer shall provide at least thirty (30) days’ advance notice before the next renewal date by using the cancellation process in the Account settings or by contacting support@jobnimbus.com. Cancellations that do not meet the 30-day notice requirement shall take effect at the end of the following subscription period.

4.5 Committed Subscription Terms. Certain subscriptions may require Customer to commit to a minimum subscription term (a “Committed Term”). If Customer terminates or cancels a subscription subject to a Committed Term before its expiration for any reason other than JobNimbus’s uncured material breach, Customer shall remain liable for, and JobNimbus may invoice Customer for, all Fees remaining through the end of the Committed Term, immediately due and payable upon the effective date of cancellation or termination.

4.6 No Refunds. Except as expressly set forth in these Terms, all Fees are non-refundable, and there are no credits for partially used subscription periods. Following cancellation, Customer shall retain access to the paid Services through the end of the current paid subscription period.

4.7 Trial Period. JobNimbus may offer trial access to certain Services for a period specified at signup, and may modify, limit, or discontinue trial offerings at any time without prior notice. If Customer does not cancel the trial Account before the end of the trial period, Customer authorizes JobNimbus to charge the payment method on file beginning at the end of the trial period. If Customer cancels a trial Account or does not convert to a paid subscription, trial Account data may no longer be accessible, and JobNimbus may delete such data without notice or liability.

4.8 Marketing Discount Program. JobNimbus may, at its discretion, offer Customers a discount on Fees (a “Marketing Discount”) in exchange for participation in promotional and marketing activities such as case studies, testimonials, recordings, reviews, press releases, social media features, and conference appearances (collectively, “Marketing Activities”), with the specific amount, duration, and required activities set forth in the applicable order form or a separate written agreement.

4.9 License to Marketing Materials. Customer grants JobNimbus a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, display, distribute, and create derivative works from any content, materials, names, likenesses, logos, trademarks, testimonials, and other intellectual property provided in connection with the Marketing Activities (“Marketing Materials”), across all media and channels. Customer represents it has the right and authority to provide the Marketing Materials and grant this license.

4.10 Discount Revocation. If Customer fails to fulfill its Marketing Discount obligations, JobNimbus may, upon reasonable written notice, revoke the discount prospectively and invoice Customer for the difference between discounted and standard Fees during the period the discount applied, after making reasonable good-faith efforts to resolve the issue first.

5. License Grant and Use Restrictions

5.1 License Grant. Subject to compliance with these Terms and timely payment of Fees, JobNimbus grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right and license to access and use the Services solely for Customer’s own internal business purposes during the applicable subscription term, extending to Customer’s authorized Users.

5.2 Documentation License. JobNimbus grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Documentation solely in connection with Customer’s authorized use of the Services.

5.3 Service Availability. Access may be interrupted from time to time for scheduled or emergency maintenance, system updates, or causes beyond JobNimbus’s reasonable control. JobNimbus will use commercially reasonable efforts to minimize disruptions and, where practicable, provide advance notice.

5.4 General Use Restrictions. Customer shall not, and shall not permit any User or third party to: copy, modify, reproduce, distribute, transmit, display, publish, license, create derivative works from, or sell information or materials obtained through the Services (except browser-cached files); reverse engineer or decompile the Services; remove proprietary notices; use automated tools to scrape or mine data; introduce malware; post unlawful, defamatory, obscene, or harassing content; disable or overburden the Services; attempt unauthorized access; circumvent security or content-protection measures; violate applicable law; exploit the Services for unauthorized commercial solicitation; or facilitate any of the foregoing by a third party.

5.5 Competitor and Third-Party Access Restrictions. Customer shall not permit a direct competitor of JobNimbus, or any third party evaluating, benchmarking, or building a competitive product, to access the Services under Customer’s Account. JobNimbus may immediately suspend or terminate an Account without notice if it reasonably determines this section has been violated.

6. Customer Data

6.1 Ownership. As between JobNimbus and Customer, Customer retains all right, title, and interest in Customer Data. Customer is solely responsible for the accuracy, quality, integrity, legality, and appropriateness of Customer Data and how it was acquired.

6.2 License to Customer Data. Customer grants JobNimbus a non-exclusive, worldwide, royalty-free license to access, use, copy, store, cache, transmit, display, reproduce, and process Customer Data solely to provide, operate, maintain, and improve the Services, provide support, and comply with law, for as long as the data is stored within the Services.

6.3 Aggregated and De-Identified Data. JobNimbus may collect, use, and disclose data derived from Customer Data in aggregate or de-identified form for analytics, benchmarking, product development, AI model training, and other lawful business purposes, provided it does not identify Customer or any individual. Such data is owned by JobNimbus.

6.4 Customer Responsibilities. Customer represents it has obtained all rights, consents, and permissions necessary to submit Customer Data and to grant JobNimbus the rights described here, and is responsible for all legally required notices and consents from individuals whose personal information is included.

6.5 Data Security. JobNimbus will implement and maintain commercially reasonable administrative, technical, and physical safeguards to protect Customer Data.

6.6 Data Retention and Portability. JobNimbus will retain Customer Data per its Data Retention Policy and may charge a reasonable fee for data export requests.

7. Confidential Information

7.1 Definition. “Confidential Information” means non-public information a reasonable person would understand to be confidential given its nature and disclosure circumstances, including business plans, roadmaps, pricing, financials, customer lists, trade secrets, and proprietary technology. Customer Data is Customer’s Confidential Information; these Terms (including pricing) are Confidential Information of both parties.

7.2 Exclusions. Confidential Information excludes information that is or becomes public through no fault of the receiving party, was already known, is received from a third party without breach, or is independently developed without reference to the disclosed information.

7.3 Obligations. The receiving party shall use Confidential Information only to exercise its rights and perform obligations under these Terms, not disclose it without consent, and protect it with at least reasonable care, disclosing only to personnel with a need to know who are bound by comparable confidentiality obligations.

7.4 Compelled Disclosure. If legally compelled to disclose Confidential Information, the receiving party shall give prompt notice, cooperate with efforts to seek protective relief, and disclose only what is legally required.

7.5 Return or Destruction. Upon request or termination, the receiving party shall return or destroy the disclosing party’s Confidential Information, except copies required by law or retained in routine backups, which remain subject to confidentiality obligations.

8. Intellectual Property; AI-Powered Features; Beta Products; and Third-Party Services

8.1 JobNimbus Ownership. The Services, including their look and feel, proprietary content, software, and algorithms, are protected by copyright, trademark, patent, trade secret, and other IP laws. JobNimbus and its licensors own all right, title, and interest in the Services and all modifications and derivative works; nothing in these Terms transfers IP ownership to Customer.

8.2 Trademarks. The JobNimbus name, logo, and related marks belong to JobNimbus or its Affiliates. Customer shall not use JobNimbus trademarks without prior written consent. JobNimbus may identify Customer as a user of the Services in its marketing unless Customer opts out in writing to legal@jobnimbus.com.

8.3 Feedback. Customer grants JobNimbus a royalty-free, perpetual, irrevocable, worldwide license to use any Feedback for any purpose without attribution, compensation, or further obligation; Feedback is not Customer’s Confidential Information, and JobNimbus has no obligation to implement it.

8.4 AI-Powered Features. The Services may incorporate AI, machine learning, or large language models (“AI Features”) that produce outputs which may be inaccurate or incomplete. Customer is solely responsible for reviewing AI Outputs before relying on them. JobNimbus makes no warranty regarding AI Output accuracy or reliability. Customer shall not input personal information into AI Features without a lawful basis, and JobNimbus will not use identifiable Customer Data to train general-purpose AI models without Customer’s consent.

8.5 Beta Products and Services. JobNimbus may invite Customer to evaluate pre-release or experimental features (“Beta Features”), provided “as is” without warranty; JobNimbus’s total liability for any Beta Feature shall not exceed fifty dollars ($50.00), and Beta Features and information about them are JobNimbus’s Confidential Information.

8.6 Third-Party Services and Materials. The Services may include or link to Third-Party Materials or third-party websites. JobNimbus does not control and is not responsible for them, makes no warranty regarding them, and Customer’s use of any third-party services is at Customer’s own risk.

9. Communications and Privacy

9.1 SMS and Text Messaging. Upon opt-in, Customer and Users consent to receive text messages regarding account updates, service notifications, and support; message and data rates may apply, and recipients may opt out by replying STOP.

9.2 Consent to Call Recording and Transcription. Customer acknowledges JobNimbus may record and transcribe calls and other communications for quality assurance, training, product improvement, dispute resolution, and compliance, and that recordings may be used as evidence in any dispute; Customer is responsible for informing and obtaining consent from its own Users and representatives.

9.3 Electronic Communications. Customer consents to receive electronic communications from JobNimbus, including service, administrative, billing, and promotional messages; Customer may opt out of promotional messages but not service-related or administrative ones while maintaining an active Account.

9.4 Privacy Policy. JobNimbus’s Privacy Policy describes how it collects, uses, and shares personal information, and is incorporated into these Terms by reference.

10. Disclaimers of Warranties and Limitation of Liability

10.1–10.3 Disclaimer of Warranties. The Services are provided “as is” and “as available.” JobNimbus disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, and makes no warranty that the Services will meet Customer’s requirements, be uninterrupted or error-free, or that results will be accurate or reliable; no oral or written advice creates any warranty not expressly stated here.

10.4 Exclusion of Consequential Damages. Neither party shall be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, goodwill, revenue, data, or business interruption, however caused, under any theory of liability.

10.5 Cap on Liability. Each party’s total aggregate liability shall not exceed the total Fees paid or payable by Customer during the twelve (12) months preceding the claim.

10.6 Exceptions. These limitations do not apply to indemnification obligations, breach of confidentiality, Customer’s payment obligations, or damages from gross negligence or willful misconduct.

10.7–10.8. These disclaimers and limitations reflect a reasonable allocation of risk and form an essential basis of the bargain; where a jurisdiction does not permit such limitations, they apply to the fullest extent permitted.

11. Dispute Resolution and Arbitration

11.1 Binding Arbitration. Disputes shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Salt Lake County, Utah, governed by the Federal Arbitration Act and Utah substantive law, before a single arbitrator with authority to award any relief a court could, including injunctive relief.

11.2 Class Action and Jury Trial Waiver. All disputes must be brought in an individual capacity, not as a class, collective, or representative action; both parties waive the right to a jury trial. If this class-action waiver is found unenforceable for a given proceeding, the arbitration agreement is void as to that proceeding and it must instead be brought in a court in Salt Lake County, Utah.

11.3 Opt-Out Right. Customer may opt out of arbitration and the class-action waiver by written notice to legal@jobnimbus.com within thirty (30) days of first creating an Account; opting out of the class-action waiver alone is not permitted without also opting out of arbitration.

11.7 Statute of Limitations. Any claim must be commenced within one (1) year after it accrues, whether in arbitration or in court, or it is permanently barred.

12. Term, Termination, and Indemnification

12.1–12.4. These Terms remain in effect until terminated. JobNimbus may terminate immediately for breach of use restrictions or confidentiality obligations, or on 30 days’ notice for other uncured material breaches. On termination, licenses end, access must cease, unpaid Fees become due, Confidential Information is returned or destroyed, and Customer may request data export; specified sections survive termination.

12.5–12.7 Indemnification. Each party will indemnify the other against third-party claims arising from its own IP infringement or gross negligence/willful misconduct. Customer additionally indemnifies JobNimbus against claims arising from Customer’s violation of these Terms or law, Customer Data, unauthorized use, or Marketing Materials/Activities, subject to standard notice, defense, and settlement-consent procedures.

13. General Provisions

13.1 Governing Law. These Terms are governed by the laws of the State of Utah, excluding conflict-of-laws principles and the UN Convention on Contracts for the International Sale of Goods.

13.2 Force Majeure. Neither party is liable for delay caused by a Force Majeure Event (other than payment obligations); if it continues more than 30 days, either party may terminate.

13.3 Assignment. Customer may not assign these Terms without JobNimbus’s consent (not unreasonably withheld); JobNimbus may freely assign, including in a merger or asset sale.

13.4 Independent Contractors. The parties are independent contractors; nothing creates an agency, partnership, or employment relationship.

13.5 Notices. Notices are effective on personal delivery, the next business day after overnight courier, on email transmission (absent a bounce-back), or three business days after certified mail. JobNimbus’s notice address is 3451 Triumph Blvd. Suite 650, Lehi, UT 84043, legal@jobnimbus.com.

13.6 Amendments. JobNimbus may update these Terms by posting a revised version; for material changes it will use reasonable efforts to give at least 30 days’ notice. Continued use after the effective date constitutes acceptance.

13.7 Severability. An invalid provision is modified to the minimum extent necessary to be enforceable while preserving intent; remaining provisions stay in effect.

13.8 Waiver. No delay or failure to exercise a right is a waiver; waivers must be in writing and signed.

13.9 Export Compliance. Customer shall comply with U.S. export and sanctions laws, including OFAC regulations, and shall not export the Services to embargoed countries or restricted parties.

13.10 Entire Agreement. These Terms, with incorporated policies, constitute the entire agreement and supersede prior agreements; conflicting terms in a Customer purchase order or similar document are rejected.

13.11 No Third-Party Beneficiaries. These Terms benefit only the parties and their affiliates, successors, and permitted assigns.

13.13 Injunctive Relief. Customer acknowledges that breach of the Use Restrictions, Confidentiality, or Intellectual Property sections may cause irreparable harm, entitling JobNimbus to seek injunctive relief without proving actual damages or posting a bond.