Terms of Use

1. Introduction and Acceptance

1.1 Agreement to Terms

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Luchian Software Consulting, Inc., operating as ZipCheck (“Company,” “we,” “us,” or “our”) governing your access to and use of the ZipCheck website, application, and services (collectively, the “Service”).

By accessing or using the Service, creating an account, or clicking “I Accept,” you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

1.2 Capacity to Contract

By using the Service, you represent that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding agreement
• If acting on behalf of an organization, you have the authority to bind that organization to these Terms

1.3 Electronic Agreement

You acknowledge that this agreement is entered into electronically and is valid and enforceable under the Ontario Electronic Commerce Act, 2000 and applicable Canadian law.

2. Description of Service

2.1 What ZipCheck Does

ZipCheck is a software-as-a-service (SaaS) tool that analyzes job posting text for compliance with Canadian provincial employment laws. The Service:

• Analyzes job posting text submitted by users
• Identifies potential compliance issues with applicable employment legislation
• Provides suggested rewrites for non-compliant sections
• Generates compliance reports that can be shared via secure links

2.2 What ZipCheck Does NOT Do

The Service does not:

• Replace the need for qualified legal counsel
• Constitute legal advice or legal opinions
• Ensure compliance with all employment laws
• Monitor or track legislative changes in real time

2.3 How the Service Works

ZipCheck uses a combination of:

• Rule-based detection: Automated pattern matching against legal requirements
• Artificial Intelligence (AI): Large Language Models (LLMs) to analyze text and generate suggestions

The Service is a compliance assistance tool. It does not replace professional legal review. See Section 7 for critical AI limitations and Section 16 for legal disclaimers.

2.4 Jurisdictions Covered

The Service currently analyzes job postings for compliance with Ontario employment legislation, including the Working for Workers Act. Additional provinces (British Columbia, Quebec) may be added in the future.

3. User Accounts

3.1 Anonymous Use

Limited features of the Service may be accessed without creating an account (“Anonymous Use”). Anonymous Users are subject to usage limitations described in Section 4.

3.2 Account Registration

To access enhanced features, you may create an account by providing accurate and complete registration information. You agree to:

• Provide truthful, accurate, and current information
• Maintain and promptly update your account information
• Keep your login credentials confidential
• Notify us immediately of any unauthorized access to your account

3.3 Account Security

You are solely responsible for all activities under your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

3.4 One Account Per User

Each user may maintain only one account. We reserve the right to terminate duplicate accounts.

4. Service Tiers

4.1 Tier Comparison

4.2 Free Tier

The Free Tier is provided on an “AS AVAILABLE” basis at no cost. We make no guarantees regarding availability, uptime, response times, or continuity of the Free Tier. We may modify, suspend, or discontinue the Free Tier at any time without notice.

4.3 Paid Tier (Paid Subscription)

The Paid Tier is a paid subscription that includes higher scan limits, permanent scan history retention, and priority support. Paid Tier subscribers receive best-effort availability but no Service Level Agreement (SLA) is provided.

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service only for lawful purposes related to analyzing job postings for employment law compliance.

5.2 Prohibited Activities

You agree not to:

5.3 Enforcement

We reserve the right to investigate and take appropriate action against violations, including suspending or terminating your account and reporting violations to law enforcement authorities.

6. User Content

6.1 Definition

“User Content” means any text, data, or other materials you submit to the Service, including job posting text.

6.2 Ownership

You retain all ownership rights in your User Content. ZipCheck does not claim ownership of any User Content you submit.

6.3 License Grant

By submitting User Content, you grant ZipCheck a non-exclusive, worldwide, royalty-free license to:

• Process, analyze, and store your User Content to provide the Service
• Generate compliance reports and suggestions based on your User Content
• Use anonymized and aggregated data derived from User Content to improve the Service

This license terminates when you delete your User Content or close your account, except for anonymized data that cannot be linked back to you.

6.4 User Representations

You represent and warrant that:

• You have the right to submit the User Content
• Your User Content does not violate the rights of any third party
• Your User Content complies with all applicable laws

6.5 No Obligation to Monitor

We have no obligation to monitor User Content but reserve the right to review, remove, or refuse any User Content at our discretion.

7. AI-Generated Content Disclaimer

7.1 Nature of AI Technology

ZipCheck uses artificial intelligence and large language models (LLMs) to analyze job postings and generate compliance suggestions. While AI technology is powerful, it has inherent limitations and is not infallible.

7.2 AI May Produce Inaccurate Results

AI models may:

• Misinterpret text or context
• Fail to identify actual compliance issues (false negatives)
• Incorrectly flag compliant content as non-compliant (false positives)
• Generate suggested rewrites that do not achieve the intended compliance outcome
• Become outdated as laws change
• Produce outputs that sound confident but are factually incorrect

7.3 No Substitution for Human Judgment

You acknowledge that:

• AI cannot replace the judgment of a qualified legal professional
• AI cannot account for all factual contexts and nuances
• AI cannot guarantee legal compliance
• You bear all risk of relying on AI-generated outputs

7.4 User Verification Required

You must:

• Review all AI-generated outputs before relying on them
• Verify compliance suggestions against current legislation
• Consult qualified legal professionals for definitive compliance determinations
• Not rely on the Service as the sole basis for compliance decisions

7.5 No Guarantee of Compliance

A “pass” result from the Service does not mean your job posting is legally compliant. A “fail” result does not necessarily mean your job posting violates any law. Results are indicative only.

7.6 Continuous Improvement

We continuously work to improve AI accuracy, but we cannot and do not guarantee error-free results. By using the Service, you accept the inherent limitations and risks of AI technology.

8. Intellectual Property Rights

8.1 ZipCheck's Intellectual Property

The Service, including its software, algorithms, user interface, design, graphics, and documentation, is owned by Luchian Software Consulting, Inc. and protected by Canadian and international intellectual property laws.

The name “ZipCheck” is a product name used by Luchian Software Consulting, Inc. and is not a registered trademark.

8.2 License to Use the Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

8.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter any proprietary notices
• Use the ZipCheck name without written permission

8.4 Feedback

If you provide suggestions, ideas, or feedback about the Service (“Feedback”), you grant ZipCheck a perpetual, irrevocable, royalty-free license to use that Feedback for any purpose.

9. Third-Party Services

9.1 Third-Party Dependencies

The Service relies on third-party service providers, including:

• Payment Processing: Stripe, Inc.
• Database: PostgreSQL (hosted)
• Hosting and Storage: Vercel
• AI Model Providers: OpenRouter and other LLM providers

9.2 Third-Party Terms

Your use of third-party services is subject to their respective terms of service and privacy policies. We encourage you to review:

• Stripe Terms of Service
• Vercel Terms of Service

9.3 No Liability for Third Parties

We are not responsible for the availability, accuracy, or conduct of third-party services. Outages or issues with third-party providers may affect the Service's availability or functionality.

9.4 Third-Party Links

The Service may contain links to third-party websites or resources. We do not endorse and are not responsible for the content or practices of any third-party sites.

10. Payment and Billing

This section applies to Paid Tier subscribers.

10.1 Subscription Fees

Paid Tier access requires payment of subscription fees as displayed at the time of purchase. All fees are quoted in Canadian dollars (CAD) unless otherwise stated.

10.2 Billing Cycle

Subscriptions are billed on a monthly basis. Your subscription will automatically renew at the end of each billing period unless cancelled.

10.3 Payment Method

Payment is processed through Stripe. By subscribing, you authorize us to charge your designated payment method for all subscription fees.

10.4 Price Changes

We may change subscription prices with at least 30 days' notice. Price changes will take effect at your next renewal date. Continued use after a price change constitutes acceptance.

10.5 Taxes

Subscription fees are exclusive of applicable taxes. You are responsible for paying any taxes associated with your subscription.

10.6 No Refunds

10.7 Cancellation

You may cancel your paid subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You will retain paid tier access until your subscription expires.

10.8 Failed Payments

If a payment fails, we will attempt to retry. If payment continues to fail, your subscription may be downgraded to the Free Tier.

11. Service Availability

11.1 Free Tier Availability

The Free Tier is provided on an “AS AVAILABLE” basis. We make no commitments regarding uptime, availability, response times, or performance. We may modify, suspend, or discontinue the Free Tier at any time.

11.2 Paid Tier Availability

For Paid Tier subscribers, we commit to using commercially reasonable efforts to maintain Service availability. However, we do not provide a Service Level Agreement (SLA) and do not guarantee 100% uptime, uninterrupted operation, or specific response times.

11.3 Scheduled Maintenance

We may perform scheduled maintenance that temporarily affects Service availability. We will endeavor to provide advance notice of significant maintenance windows.

11.4 Unscheduled Downtime

The Service may experience unscheduled downtime due to technical issues, third-party service outages, security incidents, or force majeure events.

11.5 No Credits or Compensation

We do not offer credits, refunds, or compensation for downtime or service interruptions.

12. Data Retention and Deletion

12.1 Data Retention Periods

12.2 Automatic Deletion

For Free Tier users, scan history and associated job posting text are automatically deleted after 7 days. This deletion is irreversible.

Shareable report links expire and are permanently deleted 30 days after creation for all users.

12.3 User-Initiated Deletion

Authenticated users may request deletion of their data by contacting privacy@zipcheck.ca. Upon receiving a valid deletion request, we will delete your account information, scan history, job posting text, and compliance reports within 30 days.

12.4 Data Retention After Account Closure

When you close your account or we terminate your account:

• Your personal information will be deleted within 30 days
• Anonymized usage data may be retained for analytics purposes
• Data required for legal compliance may be retained as required by law

12.5 Backup Retention

Deleted data may persist in encrypted backups for up to 90 days before being permanently removed.

13. Privacy

13.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. The Privacy Policy is incorporated into these Terms by reference.

13.2 PIPEDA Compliance

We comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable Canadian privacy laws.

13.3 Data Processing

By using the Service, you consent to the collection and processing of your personal information as described in our Privacy Policy.

13.4 International Users

If you access the Service from outside Canada, you understand that your information may be transferred to and processed in Canada.

14. Limitation of Liability

14.1 Disclaimer of Warranties

To the maximum extent permitted by law, we disclaim all warranties, including:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties of non-infringement
• Warranties regarding accuracy, reliability, or completeness of the Service
• Warranties that the Service will be uninterrupted, secure, or error-free

14.2 Exclusion of Damages

14.3 Liability Cap

14.4 Exceptions

The limitations in this Section 14 do not apply to:

• Liability arising from fraud or willful misconduct by ZipCheck
• Liability that cannot be excluded under applicable law
• ZipCheck's indemnification obligations in Section 15

14.5 Essential Basis

You acknowledge that the limitations in this Section 14 are an essential basis of the bargain between you and ZipCheck, and that ZipCheck would not provide the Service without these limitations.

15. Indemnification

15.1 Your Indemnification

You agree to indemnify, defend, and hold harmless Luchian Software Consulting, Inc. (operating as ZipCheck) and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights

15.2 ZipCheck's Indemnification

ZipCheck will indemnify and defend you against third-party claims alleging that the Service infringes any Canadian patent, copyright, or trademark, provided that you:

• Promptly notify ZipCheck of the claim
• Give ZipCheck sole control of the defense and settlement
• Provide reasonable cooperation at ZipCheck's expense

ZipCheck's indemnification obligation does not apply if the alleged infringement arises from your User Content, modifications to the Service not made by ZipCheck, combination of the Service with other products or services, or your use of the Service in violation of these Terms.

15.3 Exclusive Remedy

This Section 15 states ZipCheck's entire liability and your exclusive remedy for intellectual property infringement claims.

16. NOT LEGAL ADVICE Disclaimer

16.1 Not a Law Firm

Luchian Software Consulting, Inc. (operating as ZipCheck) is not licensed to practice law in any jurisdiction. The Service provides automated analysis and suggestions to assist with employment law compliance. This is not a substitute for professional legal counsel.

16.2 No Attorney-Client Relationship

Use of the Service does not create an attorney-client relationship between you and ZipCheck or any of its employees, contractors, or affiliates.

16.3 Not Legal Opinions

The Service's outputs are not legal opinions, legal determinations, or legal advice. They are software-generated analyses based on pattern recognition and AI models.

16.4 Consult a Qualified Lawyer

16.5 Not a Guarantee of Compliance

Compliance with employment law depends on many factors that the Service cannot fully evaluate. A “pass” result is not a legal determination of compliance. A “fail” result is not a legal determination of non-compliance.

16.6 Laws Change

Employment laws change frequently. The Service may not immediately reflect recent legislative changes, judicial interpretations, or regulatory guidance. You are responsible for staying current with applicable laws.

16.7 Jurisdictional Limitations

The Service is designed for Canadian employment law and may not be accurate for job postings in other jurisdictions or for specialized legal requirements.

16.8 Professional Judgment Required

The Service is a tool to assist human judgment, not replace it. You must exercise your own professional judgment when making compliance decisions.

16.9 No Liability for Legal Consequences

You acknowledge that you use the Service at your own risk and bear all responsibility for compliance with applicable employment laws.

17. Termination

17.1 Termination by You

You may terminate your use of the Service at any time by closing your account through account settings or ceasing to use the Service.

Paid subscribers: See Section 10.7 for cancellation terms.

17.2 Termination by ZipCheck

We may suspend or terminate your access to the Service at any time, with or without cause, including if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• We are required to do so by law
• We discontinue the Service

For material breaches, we will provide notice and an opportunity to cure where practicable.

17.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• You remain liable for any fees owed
• We may delete your account and User Content
• Sections that by their nature should survive will survive (including Sections 6.3, 7, 8, 14, 15, 16, and 18)

17.4 No Refund Upon Termination

If your account is terminated for violation of these Terms, you are not entitled to any refund of subscription fees.

18. Dispute Resolution and Governing Law

18.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

18.2 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at legal@zipcheck.ca to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

18.3 Arbitration (Business Users)

For users accessing the Service for business purposes:

Any dispute arising from or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration administered by ADR Institute of Canada in accordance with its Arbitration Rules.

• The arbitration shall take place in Toronto, Ontario
• The arbitration shall be conducted in English
• The arbitrator's decision shall be final and binding
• Judgment on the award may be entered in any court of competent jurisdiction

18.4 Court Jurisdiction (Individual Consumers)

For individual consumers not acting in a business capacity, disputes may be brought in the courts of Ontario, and you consent to the exclusive jurisdiction of such courts.

18.5 Injunctive Relief

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and ZipCheck regarding the Service and supersede all prior agreements.

19.2 Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Service. For material changes, we will provide notice by:

• Posting a prominent notice on the Service
• Sending an email to registered users (if applicable)
• Updating the “Last Updated” date at the top of these Terms

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

Paid subscribers may terminate their subscription without penalty within 30 days of being notified of material changes that adversely affect their rights.

19.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

19.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

19.5 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

19.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

19.7 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, or failures of third-party services.

19.8 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

19.9 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

20. Contact Information