Terms of Service
Last updated: July 25, 2026
These Terms of Service ("Terms") govern your access to and use of the DefensibleHR.ai platform and services ("Services") provided by DefensibleHR LLC ("Company," "we," "us," or "our"). By creating an account, using the free compliance scan, or otherwise using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
DefensibleHR.ai is an AI-powered compliance scanning assistant, not a law firm, and does not provide legal advice. No attorney-client relationship is created by your use of the platform. Scan results are generated by artificial intelligence, which can and does make mistakes — including false positives (flagging issues that do not exist) and false negatives (missing issues that do exist). Results may be incomplete, inaccurate, or inapplicable to your specific jurisdiction or circumstances. DefensibleHR LLC is not responsible for any decisions, actions, or outcomes based on scan results. Always seek the advice of a qualified employment attorney before making employment decisions or relying on any scan findings.
THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SECTION 15). EXCEPT FOR THE MATTERS DESCRIBED IN SECTION 15, YOU AND DEFENSIBLEHR LLC AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS YOU WAIVE ANY RIGHT TO HAVE A DISPUTE DECIDED BY A JUDGE OR JURY, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 15.6.
1. Services Description
DefensibleHR.ai provides an AI-powered compliance scanning assistant that reviews workplace documents — including investigation reports, termination letters, performance improvement plans, employment contracts, non-compete agreements, and HR memos — for potential legal risks such as biased language, missing policy references, due process gaps, and other compliance concerns.
The Services include:
- Document upload and text extraction
- AI-powered compliance scanning across 30 risk categories and 100+ checks
- Automatic PII redaction (9 categories: SSNs, phone numbers, email addresses, dates of birth, driver's license numbers, bank account numbers, credit card numbers, EINs, and passport numbers) before AI processing
- Risk assessment with severity ratings (Critical, Warning, Informational) and remediation suggestions
- Jurisdiction detection with links to state Department of Labor resources
- Scan history, document management, and audit trail
- A one-time free compliance scan available without account registration
The Services are an AI-powered assistant tool designed to flag potential issues for human review. They are not a substitute for professional legal counsel. AI can and does make mistakes. DefensibleHR LLC assumes no liability for the accuracy or completeness of scan results.
1A. Free Compliance Scan
1A.1 Availability
We offer a one-time free compliance scan that does not require account registration. The free scan provides the same AI-powered analysis as our paid plans. Free scans are limited to one per email address. We also limit free scans to three per IP address within a 24-hour period to prevent abuse.
1A.2 Information Required
To use the free scan, you must provide a valid email address and upload a document. Providing your name and company name is optional. By submitting a free scan, you consent to our collection and use of this information as described in our Privacy Policy.
1A.3 Consent and Agreement
Before submitting a free scan, you must affirmatively agree to this Terms of Service and our Privacy Policy by checking the consent box. You also confirm that you have the authority to upload the document for compliance review. Submitting a free scan without checking the consent box is not permitted.
1A.4 Results and Data
Free scan results are displayed immediately and are not saved to an account. If you do not create an account, we retain only your contact information and scan summary metadata (risk level and issue count) — not the full scan results or document text. To save scan results and access them later, you must create a free account.
1A.5 Applicable Terms
All provisions of these Terms apply to free scan usage, including the "Not Legal Advice" disclaimer, AI-Generated Results (Section 6), Prohibited Uses (Section 7), Disclaimer of Warranties (Section 9), and Limitation of Liability (Section 10).
2. Account Registration
To use the full Services beyond the one-time free scan, you must create an account by providing accurate and complete information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activity that occurs under your account
- Notifying us immediately of any unauthorized use
Account sharing is prohibited. Each user must have their own account. Sharing credentials constitutes a material breach of these Terms.
3. Plans and Pricing
3.1 Plans
We offer the following subscription tiers:
- Free: Limited document scans per month for evaluation purposes
- Starter ($99/month): Up to 10 documents scanned per month (each scanned document includes up to 5 free rescans), remediation memo export with example replacement language
- Professional ($249/month): Up to 50 documents scanned per month (each scanned document includes up to 5 free rescans), remediation memo export with example replacement language, team workspace (3 seats included, additional seats $29/month each)
- Enterprise (custom pricing): High-volume scan allowances as agreed in the applicable order form, SSO, audit log, API access, dedicated support
3.2 Billing
Paid subscriptions are billed monthly in advance through Stripe. You must maintain a valid payment method on file. Fees do not include applicable taxes, which are your responsibility.
3.3 Price Changes
We may adjust pricing with at least 30 days' advance notice. Price changes take effect at the start of your next billing cycle. If you do not agree with a price change, you may cancel before the next billing cycle.
4. Term and Cancellation
4.1 Subscription Term
Paid subscriptions renew automatically on a monthly basis until cancelled. You may cancel at any time. Cancellation takes effect at the end of your current billing period — you retain access until then.
4.2 Refunds
Fees are non-refundable except where required by law. If you experience a material service disruption, contact us at [email protected] to discuss a credit or pro-rated refund.
4.3 Termination by Us
We may suspend or terminate your account if you:
- Violate these Terms or engage in Prohibited Uses (Section 7)
- Fail to pay fees for more than 30 days past due
- Use the Services in a manner that poses a security risk
We will provide reasonable notice and an opportunity to cure before termination, except in cases of Prohibited Uses or security threats.
4.4 Effect of Termination
Upon termination, your access to the Services ceases. Your uploaded documents and scan results will be retained for 30 days to allow data export, after which they will be permanently deleted. Notwithstanding the foregoing, we retain scan result metadata (findings, severity ratings, rule and model version identifiers, document filenames, document hashes, and timestamps) for up to three (3) years following termination for audit, legal compliance, and dispute-resolution purposes, as described in our Privacy Policy. If a dispute, claim, or legal proceeding involving your organization is pending or reasonably anticipated, deletion and retention timelines are suspended for the affected records until the matter is resolved, as permitted or required by law.
Sections of these Terms that by their nature should survive (including Sections 8, 9, 10, 11, 12, and 15) will continue in effect.
5. Your Documents and Data
5.1 Ownership
You retain all rights in the documents you upload and the information contained in them. We claim no ownership of your content.
5.2 License to Us
By uploading documents, you grant us a limited, non-exclusive license to process, analyze, and store your documents solely for the purpose of providing the Services to you. This license terminates when your content is deleted from our platform.
5.3 Document Processing and Deletion
When you upload a document:
- The original uploaded file is deleted immediately after text extraction — we do not retain original files
- Personally identifiable information (9 categories including SSNs, phone numbers, emails, dates of birth, driver's license numbers, bank accounts, credit cards, EINs, and passport numbers) is automatically redacted before any text is sent to the AI for analysis. Redaction applies to the nine structured identifier categories listed above. Employee names, job titles, narrative descriptions, and other unstructured content are not redacted and are included in the text sent to our AI provider for analysis.
- Extracted document text is automatically purged after 90 days (purge and deletion timelines are suspended while a legal hold is in effect — see Section 4.4)
- You may manually delete any document and its associated text and scan results at any time from your dashboard
- Scan result metadata (findings, severity ratings, rule and model version identifiers, document filenames, document hashes, and timestamps) is retained for up to three (3) years as described in Section 4.4 — never the document content or extracted text
- Our AI provider (Anthropic) does not use API-submitted data to train its models and retains API inputs in accordance with Anthropic's then-current data retention policy (see Anthropic's Privacy Policy)
5.4 Your Responsibilities
You represent and warrant that:
- You have the legal authority to upload each document (e.g., as an authorized HR representative, legal counsel, or management employee of the organization)
- Uploading the document does not violate any confidentiality agreement, court order, or applicable law
- You will handle scan results — which may contain sensitive information — with appropriate care and in compliance with your organization's data handling policies
5.5 Sensitive Information
Workplace documents may contain sensitive employee information, including references to protected characteristics, medical conditions, allegations of misconduct, and legal claims. You acknowledge that processing such documents through an AI system involves inherent risks, and you accept responsibility for determining whether AI-assisted review is appropriate for each document.
6. AI-Generated Results
6.1 Nature of Results
Scan results are generated by artificial intelligence and are provided as a decision-support assistant tool, not as definitive legal analysis. AI can and does make mistakes. Results may:
- Contain false positives (flagging language that is not actually problematic)
- Miss issues that a human reviewer or attorney would identify (false negatives)
- Reflect general compliance principles that may not apply to your specific jurisdiction or circumstances
- Be incomplete, outdated, or based on legal standards that have changed since the AI model was trained
- Misinterpret context, tone, or intent in ways that produce incorrect findings
6.2 Human Review Required
All scan results must be reviewed by a qualified professional before any action is taken. Do not rely solely on AI-generated results to make employment decisions, finalize legal documents, or determine legal strategy. DefensibleHR LLC is not responsible for any consequences — including legal liability, regulatory penalties, adverse employment outcomes, or litigation — arising from actions taken or not taken based on scan results. Seek the advice of a qualified employment attorney when needed.
6.3 No Guarantee of Accuracy
DefensibleHR LLC makes no representation or warranty that scan results are accurate, complete, current, or applicable to your situation. The absence of a flagged issue does not mean a document is legally compliant. A flagged issue does not necessarily mean a document is non-compliant. Results are starting points for human review, not conclusions.
6.4 Jurisdiction Detection
The Services may detect state or local jurisdictions referenced in your documents and display general compliance notices with links to state Department of Labor resources. These notices are informational only and do not constitute advice about specific state or local law requirements. Consult local counsel for jurisdiction-specific guidance.
6.5 Artificial Intelligence Disclosure
In the interest of transparency, and consistent with Federal Trade Commission guidance on the use of artificial intelligence:
- All scan results, findings, risk ratings, remediation suggestions, and example replacement language are generated by artificial intelligence — specifically, large language models operated by Anthropic — and not by human reviewers, attorneys, or compliance professionals.
- No employee, contractor, or attorney of DefensibleHR LLC reviews, verifies, or approves individual scan results before they are delivered to you.
- AI language models are probabilistic systems. The same document may produce different results on different scans, and any output may contain errors, omissions, or fabricated content ("hallucinations").
- Example replacement language in scan results and remediation memos is AI-drafted template text, not attorney-drafted contract language. It must be reviewed and adapted by a qualified employment attorney before use in any document.
- The AI models underlying the Services may be updated or replaced over time, which may change the nature, format, or substance of results.
- We do not use AI to make automated decisions that produce legal or similarly significant effects about any individual. The Services analyze documents; they do not evaluate, score, or make decisions about employees or job applicants.
7. Prohibited Uses
You may not use the Services to:
- Upload documents you are not authorized to access or share
- Process documents for the purpose of concealing evidence, obstructing investigations, or facilitating discrimination
- Reverse engineer, decompile, or attempt to extract the source code, AI prompts, compliance rulesets, or underlying architecture of the Services
- Use the Services, or any scan result, finding, suggested language, remediation memo, or metadata derived from the Services, to train, fine-tune, evaluate, or benchmark any artificial intelligence or machine learning model, or to create datasets for such purposes
- Systematically collect or aggregate outputs or metadata from the Services to build a competing product or derivative compliance methodology
- Resell, sublicense, or provide the Services to third parties without our written consent
- Introduce malicious code, viruses, or scripts that interfere with the Services
- Use automated tools (bots, scrapers) to access the Services
- Circumvent rate limits, authentication, or security measures
- Use the Services in violation of applicable law
- Provide access to competitors for the purpose of competitive analysis
Violation of this section constitutes a material breach and may result in immediate account termination.
8. Intellectual Property & License Enforcement
8.1 Our Property
The Services — including the platform, software architecture, scanning algorithms, AI prompts, compliance rulesets and methodology, risk categories and scoring systems, output formats and schemas, redaction pipeline, user interface, and documentation — are and remain the exclusive property of DefensibleHR LLC and are protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Services as described here. All rights not expressly granted are reserved.
8.1A Scan Results License
Subject to these Terms, we grant you a perpetual, non-exclusive license to use scan results, findings, example replacement language, and remediation memos generated from your documents for your organization's internal business and compliance purposes, including incorporating such language into your own documents. This license does not include the right to resell outputs, provide them to third parties as a service, or use them for the machine learning purposes prohibited by Section 7. The structure, format, categories, and methodology reflected in outputs remain our property under Section 8.1.
8.2 Feedback
If you provide suggestions, ideas, or feedback about the Services, you grant us a perpetual, royalty-free, worldwide license to use and incorporate that feedback without obligation to you.
8.3 Copyright Complaints (DMCA)
You represent and warrant that you own or have the necessary rights to upload any document you submit to the Services. Documents uploaded to the Services are private to your organization, are not published or made publicly available by us, and original files are deleted immediately after text extraction as described in Section 5.
If you believe that material processed through the Services infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act (17 U.S.C. § 512) to our designated agent: Copyright Agent, DefensibleHR LLC, [email protected]. Your notice must include: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (c) your contact information; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature.
We will respond to valid notices by removing or disabling access to the identified material and, where appropriate, terminating the accounts of repeat infringers.
8.4 Credentials, Keys, and Seat Integrity
Account credentials, session tokens, verification codes, and any API keys or access tokens we issue (collectively, "Access Credentials") are issued to a specific named user or to your organization, are our property, and are licensed — not sold — for use solely as permitted by these Terms and your plan.
- No sharing or pooling. Each set of user credentials may be used only by the individual to whom it is issued. You may not share, pool, rotate, or transfer credentials among multiple individuals to defeat seat limits under Section 3, and you may not permit any person who is not an authorized user on your plan to access the Services through your credentials.
- API keys. Where a plan includes API access, keys are confidential to your organization, may not be published, embedded in publicly accessible code, sold, or shared with any third party, and may be used only to access the Services on your organization's own behalf.
- Your responsibility. You are responsible for all activity under your Access Credentials, whether or not authorized by you, until you notify us of a compromise. You will notify us promptly at [email protected] upon becoming aware of any loss, theft, or unauthorized use of Access Credentials.
- Our controls. We may suspend, rotate, or revoke any Access Credential at any time where we reasonably believe it has been compromised, shared in violation of this Section, or used in connection with a breach of these Terms.
8.5 Anti-Circumvention
The Services include technological measures that control access, enforce plan limits, and protect our intellectual property and our users' data — including authentication, email verification, scan quotas and seat limits, rate limits, bot-detection, the PII redaction pipeline, and content gating. You may not, and may not assist, encourage, or permit any third party to:
- Bypass, remove, disable, probe, or interfere with any such measure, or access any non-public interface, endpoint, or administrative function of the Services;
- Evade usage limits or eligibility rules — including by creating multiple accounts or organizations, supplying false or third-party email addresses or identities, manipulating verification flows, or resetting or rotating identifiers — to obtain scans, seats, features, or free-tier access beyond what your plan provides;
- Interfere with our measurement of usage, or misrepresent usage, for the purpose of reducing amounts owed;
- Remove, obscure, or alter any proprietary notice, disclaimer, or attribution appearing in the Services or in outputs (including remediation memos); or
- Frame, mirror, or republish any part of the Services without our prior written consent.
8.6 Enforcement and Remedies
Any breach of Sections 7, 8.4, or 8.5 is a material breach of these Terms. In addition to any other rights we have:
- Suspension and termination. We may suspend or terminate access immediately under Section 4.3, without refund, upon any such breach;
- Recovery of evaded amounts. Where usage limits were exceeded or evaded, we may invoice, and you agree to pay, fees for the actual usage obtained at our then-current published rates;
- Injunctive relief. You acknowledge that breach of this Section 8 or of the confidentiality and machine-learning restrictions in Sections 7 and 12 would cause us irreparable harm for which monetary damages are an inadequate remedy, and that we are entitled to seek injunctive or other equitable relief — notwithstanding the arbitration provisions of Section 15, either party may seek such relief in a court of competent jurisdiction to protect intellectual property or confidential information;
- No waiver; survival. Our failure to enforce any provision is not a waiver. This Section 8 survives termination of these Terms, along with the licenses and restrictions it protects.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. We specifically disclaim:
- Any warranty that scan results will be accurate, complete, or current
- Any warranty of merchantability, fitness for a particular purpose, or non-infringement
- Any warranty that the Services will be uninterrupted, error-free, or secure
- Any warranty that the Services will identify all legal risks in a document
The Services are an AI-powered assistant tool to aid qualified professionals — not a replacement for legal counsel. AI can and does make mistakes. You are solely responsible for the legal sufficiency of your workplace documents and for verifying any scan findings with a qualified attorney. DefensibleHR LLC is not responsible for any errors, omissions, or inaccuracies in scan results.
No oral or written information, advice, scan result, suggested language, or marketing statement obtained from DefensibleHR LLC or through the Services creates any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you; in that case, any implied warranties are limited to the minimum scope and duration permitted by law.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- DefensibleHR LLC is not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, business interruption, or damages arising from employment decisions made in reliance on scan results or from the use, adoption, or publication of AI-generated suggestions, replacement language, or remediation memos
- Our total aggregate liability for all claims arising from or related to these Terms or the Services shall not exceed the fees you paid to us in the 3 months preceding the claim
- DefensibleHR LLC is not liable for any legal consequences, regulatory penalties, adverse employment outcomes, or litigation outcomes resulting from actions taken or not taken based on scan results
- DefensibleHR LLC is not responsible for errors, omissions, false positives, false negatives, or any other inaccuracies in AI-generated scan results
These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. You acknowledge that the Services are an AI-powered assistant that can make mistakes, and you assume all risk associated with using scan results without independent legal review.
11. Indemnification
11.1 Your Indemnification
You agree to indemnify and hold harmless DefensibleHR LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:
- Your use of the Services or violation of these Terms
- Documents you upload, including claims by employees or third parties whose information appears in those documents
- Your reliance on scan results without appropriate professional review
- Your violation of any applicable law or regulation
11.2 Our Indemnification
We will indemnify you from third-party claims alleging that the Services infringe a valid copyright or trademark, provided you promptly notify us and grant us sole control of the defense. If the Services become subject to an infringement claim, we may modify the Services, procure continued use rights, or terminate your subscription with a pro-rated refund.
11.3 Exclusions from Our Indemnification
Our indemnification obligation in Section 11.2 applies only to the Services' software platform itself and expressly excludes:
- AI-generated outputs — scan results, findings, risk ratings, suggestions, example replacement language, and remediation memos — including any claim arising from your use, adoption, publication, or incorporation of such outputs into your documents
- Consequential, indirect, incidental, special, or punitive damages of any kind, which are disclaimed under Section 10
- Claims arising from your modification of the Services, combination of the Services or their outputs with other products or content, or use of the Services in violation of these Terms
- Claims arising from documents or content you upload
Our total liability under Section 11.2 is subject to the aggregate liability cap in Section 10. This Section 11 states our entire obligation and your exclusive remedy for any third-party claim relating to the Services.
12. Confidentiality
Each party agrees to protect the other's confidential information with the same care it uses for its own (and no less than reasonable care). Confidential information includes:
- Your uploaded documents and scan results
- Our proprietary technology, AI prompts, and compliance rulesets
- Business terms, pricing, and account information
Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.
13. Privacy
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you acknowledge that you have read and understood our Privacy Policy.
To the extent we process personal data contained in your uploaded documents on your behalf, a Data Processing Addendum governing that processing is available upon request at [email protected].
14. Communications
14.1 Permission-Based Email
We send email on a permission basis. You will receive email from us when you have created an account, submitted a free scan, submitted a contact or support request, or otherwise provided your email address. We do not send email to purchased or third-party lists.
14.2 Types of Email
We send the following categories of email:
- Account and security: Welcome emails, password resets, and account security alerts
- Transactional: Payment receipts, invoice notifications, plan change confirmations, and billing-related notices
- Support: Ticket confirmations, status updates, and responses to your support requests
- Service: Material changes to these Terms, the Privacy Policy, or the Services
- Marketing: Product updates, feature announcements, and information about DefensibleHR.ai services, sent to account holders and to users who have submitted a free scan. Every marketing email includes an unsubscribe link.
14.3 Opting Out
Marketing emails include a one-click unsubscribe mechanism, and we honor opt-outs within 10 business days. Transactional and account-related emails (receipts, security alerts, material Terms changes) do not have a separate unsubscribe because we are required to send them while you maintain an active account; to stop these, close your account by contacting [email protected].
14.4 Email Suppression
We automatically suppress email delivery to addresses that have generated a hard bounce (permanent delivery failure) or a spam complaint. If your email address has been suppressed and you believe this is in error, contact [email protected] to request removal from the suppression list.
14.5 SMS Communications
SMS messages are sent only with your express opt-in consent, which you may grant or revoke at any time in your account settings. SMS consent is not a condition of any purchase. For details on SMS message types, frequency, and opt-out instructions, see your account settings page.
15. Governing Law and Disputes
15.1 Governing Law
These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles. Any dispute that is not subject to arbitration under this Section 15 shall be brought exclusively in the state courts located in Sheridan County, Wyoming, or the United States District Court for the District of Wyoming, and you and DefensibleHR LLC each consent to personal jurisdiction and venue in those courts.
15.2 Informal Resolution First
Before initiating arbitration, the party asserting a dispute must send the other party a written notice describing the dispute and the relief sought (for notices to us: [email protected], subject line "Dispute Notice"). The parties will attempt in good faith to resolve the dispute within 30 days of the notice. Arbitration may not be commenced until this period has expired.
15.3 Binding Arbitration
YOU AND DEFENSIBLEHR LLC AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES — INCLUDING THEIR FORMATION, INTERPRETATION, BREACH, OR TERMINATION, AND INCLUDING STATUTORY, CONSUMER-PROTECTION, AND TORT CLAIMS — SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT IN COURT. Arbitration will be administered by JAMS under its Streamlined Arbitration Rules in effect when the arbitration is commenced. The arbitration will be conducted by videoconference, or, at your election, in the county where you reside. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator — not any court — has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court decides whether a claim may proceed on a class or representative basis if Section 15.4 is found unenforceable. Judgment on the award may be entered in any court of competent jurisdiction. Each party bears its own attorneys' fees except where the applicable law or JAMS rules provide otherwise; we will pay JAMS filing, administrative, and arbitrator fees to the extent required by the JAMS Consumer Arbitration Minimum Standards.
15.4 Class Action and Jury Trial Waiver
YOU AND DEFENSIBLEHR LLC EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED PROCEEDING, OR REPRESENTATIVE PROCEEDING OF ANY KIND. Disputes must be brought on an individual basis only. The arbitrator may not consolidate more than one party's claims or preside over any form of class or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court, and the remaining claims shall proceed in arbitration.
15.5 Exceptions
This Section 15 does not require arbitration of: (a) individual claims within the jurisdiction of small claims court; (b) claims for injunctive or equitable relief relating to intellectual property infringement, misappropriation, or breaches of confidentiality, which either party may bring in court; or (c) claims that cannot be arbitrated as a matter of law.
15.6 30-Day Right to Opt Out
You may opt out of the arbitration and class-waiver provisions in Sections 15.3 and 15.4 by emailing [email protected] with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Your opt-out notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration does not affect any other provision of these Terms.
15.7 Severability of Arbitration Provisions
If any portion of this Section 15 (other than the class action waiver in Section 15.4) is found unenforceable, that portion shall be severed and the remainder of this Section shall be enforced. If the class action waiver in Section 15.4 is found wholly unenforceable, this entire Section 15 shall be null and void, and disputes shall be resolved in the courts identified in Section 15.1.
15.8 Time Limit on Claims
To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim accrued, or it is permanently barred.
16. General Provisions
16.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and DefensibleHR LLC regarding the Services and supersede all prior agreements.
16.2 Amendments
We may modify these Terms at any time. We will notify you of material changes at least 10 days before they take effect via email or a prominent notice on the platform. Continued use after the effective date constitutes acceptance.
16.3 Severability
If any provision is found unenforceable, it will be modified to the minimum extent necessary. The remaining provisions continue in full effect.
16.4 Assignment
You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets with notice to you.
16.5 No Waiver
Our failure to enforce any provision does not waive our right to enforce it later.
16.6 Independent Contractors
These Terms do not create a partnership, agency, or employment relationship between the parties.
16.7 Force Majeure
Neither party is liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, war, pandemics, government actions, or internet or infrastructure failures.
16.8 Export Compliance
You agree to comply with all applicable U.S. export control and sanctions laws. You may not use the Services from a sanctioned country or provide access to sanctioned individuals or entities.
17. Contact
For questions about these Terms:
- General: [email protected]
- Support: [email protected]