Terms of Service

These Terms of Service ("Terms") form a legally binding agreement between you and EQ Community LLC, operating as EQ.app ("EQ.app," "we," "us," or "our"), governing access to and use of the EQ.app website, platform, AI workers, communications, and related services (collectively, the "Service").

By accessing or using the Service, you agree to these Terms. If you use the Service for an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Service.

1 Eligibility and authority

You must be at least 18 years old and legally capable of entering into these Terms. Business users must use the Service only for authorized professional purposes. You are responsible for ensuring that your organization and its users comply with these Terms and applicable law.

2 Description of the Service

EQ.app is a governed digital-workforce platform designed primarily for staffing, recruiting, and related business operations. Customers may configure, deploy, and supervise AI workers that assist with authorized workflows such as research, sourcing, email and message processing, document handling, calendar management, data enrichment, business-system updates, reporting, and operational analysis.

Features may be offered as previews, pilots, betas, integrations, APIs, or customer-specific configurations. Service scope, commercial terms, limits, and support commitments may also be set out in an order form, statement of work, or other written agreement. If that agreement conflicts with these Terms, it controls for the conflicting subject matter.

3 Accounts workspaces and security

You must provide accurate information, protect credentials, use reasonable security measures, and promptly tell us about suspected unauthorized access. You are responsible for activity performed through your account, workspace, users, and configured workers, except to the extent caused by EQ.app's breach of its obligations. You must not share credentials improperly or allow access by unauthorized people.

We may suspend access where reasonably necessary to protect the Service, connected systems, users, or third parties; investigate suspected misuse; address non-payment; or comply with law.

4 Customer responsibilities and authorized use

You are responsible for configuring workers, permissions, approval rules, recipient lists, and connected systems appropriately. You must maintain suitable human oversight for consequential actions and ensure instructions given to workers are lawful and accurate.

You must not use the Service to:

• Violate law, regulation, contract, intellectual property, privacy, publicity, employment, or other rights.
• Send spam, unlawful marketing, unsolicited candidate outreach, or communications without required consent.
• Misrepresent identity, affiliation, authority, or the nature of an AI worker.
• Upload, generate, or process unlawful, abusive, defamatory, discriminatory, deceptive, malicious, or harmful content.
• Make unlawful employment decisions or use protected characteristics in prohibited ways.
• Gain unauthorized access to accounts, systems, networks, or data, or introduce malware or harmful code.
• Circumvent usage limits, security controls, review gates, or safeguards.
• Reverse engineer or attempt to derive non-public source code except where law prohibits restriction.
• Use the Service to build or train a substantially competing service using EQ.app's confidential technology or outputs.
• Use the Service in high-risk contexts where failure could cause death, physical injury, or severe harm without a separate written agreement.

5 Customer data and permissions

You retain your rights in information, content, documents, records, prompts, instructions, and other material submitted to or processed through the Service ("Customer Data"). You grant EQ.app a limited, non-exclusive right to host, copy, transmit, process, and display Customer Data only as needed to provide, secure, support, and improve the Service, follow your authorized instructions, and comply with law.

You represent that you have all rights, notices, permissions, consents, and lawful bases required to provide and process Customer Data, including data about candidates, employees, clients, and other third parties. You must honor applicable data-subject requests and communication preferences. EQ.app does not use Customer Data to train general-purpose artificial intelligence models.

6 Connected systems and third-party services

You may connect email, calendars, file storage, applicant tracking systems, customer relationship management systems, payroll tools, messaging channels, data providers, and other services. By enabling a connection, you authorize EQ.app and configured workers to interact with it within the approved permissions and instructions.

Third-party services remain governed by their own terms and privacy practices. EQ.app does not control and is not responsible for their availability, accuracy, security, changes, or conduct. You are responsible for maintaining any licenses and permissions required for connected services. You may disconnect an integration through available controls.

7 AI workers outputs and human oversight

AI workers and automated systems may generate research, summaries, recommendations, parsed data, proposed communications, or completed actions. Outputs can be incomplete, inaccurate, outdated, or unsuitable. You must review outputs and apply qualified human judgment before relying on them for hiring, rejection, compensation, credit, legal, medical, safety-critical, or other consequential decisions.

Unless EQ.app agrees otherwise in writing, workers are tools that act under customer instructions and supervision. EQ.app does not guarantee any candidate, placement, commercial, operational, or business outcome.

8 Communications and electronic notices

You consent to receive electronic communications necessary to administer the Service, including account, security, billing, support, and operational notices. Electronic notices satisfy legal writing requirements where permitted. Marketing communications, if any, will be governed by applicable consent and opt-out requirements.

9 EQ.app AI Worker SMS terms

9.1 Program description

The EQ.app AI Worker SMS program is an optional customer-care service for authorized customer users. It supports two-way task conversations with an assigned EQ.app AI worker and may provide responses, service information, relevant reminders, and follow-ups. The program covered by these Terms does not include unsolicited candidate outreach or third-party marketing.

9.2 Enrollment and consent

An authorized customer may receive an EQ.app onboarding email that identifies EQ.app, describes the customer-care SMS program, states the anticipated message frequency and possible charges, provides HELP and STOP instructions, links to these Terms and the Privacy Policy, and instructs the recipient to text START to the EQ.app telephone number shown in the email. By texting START, the user provides explicit consent to receive the described SMS messages. EQ.app then sends an automated enrollment confirmation. No recurring customer-care messages, reminders, or follow-ups are sent until the user has texted START. Consent is voluntary and is not a condition of purchasing any product or service.

9.3 Frequency and charges

Users may receive up to five messages per week, although frequency varies according to user activity, requests, and interaction with the assigned worker. Message and data rates may apply. Your wireless carrier and plan determine applicable charges.

9.4 Opting out and getting help

Reply STOP at any time to opt out. EQ.app may send one final message confirming the opt-out. No further program messages will be sent unless you enroll again through the applicable process. Reply HELP for assistance or email hello@eq.community.

9.5 Delivery and carriers

Message delivery depends on carrier networks and is not guaranteed. Wireless carriers are not liable for delayed or undelivered messages. EQ.app may change the sending number, suspend messaging, or discontinue the program. Mobile and SMS information is handled under the Privacy Policy at https://www.eq.app/privacy.

10 Fees billing and taxes

Paid features are subject to fees disclosed at purchase or in an applicable commercial agreement. You agree to pay charges and applicable taxes when due. Except where law or a written agreement requires otherwise, fees are non-refundable. Usage-based charges may vary with consumption. We may change pricing on reasonable notice for future billing periods.

11 Intellectual property and feedback

The Service, including software, workflows, designs, documentation, trademarks, and non-public technology, is owned by EQ.app or its licensors and protected by law. Subject to these Terms and payment of applicable fees, EQ.app grants you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal business purposes during the applicable service period.

You retain ownership of Customer Data. To the extent permitted by law and subject to third-party rights, you may use outputs generated for you. If you provide feedback, you permit EQ.app to use it without restriction or payment, provided we do not publicly identify you as its source without permission.

12 Confidentiality

Each party may receive non-public information identified as confidential or that reasonably should be understood as confidential. The receiving party will use it only to perform or exercise rights under the relationship, protect it using reasonable care, and disclose it only to people and providers who need it and are bound by appropriate obligations. Confidentiality does not cover information that is public without breach, already lawfully known, independently developed, or lawfully received without restriction. Required legal disclosure is permitted with notice where legally allowed.

13 Privacy and data protection

Our handling of personal information is described at https://www.eq.app/privacy. Each party will comply with applicable data-protection law. Where required, the parties may enter into a data processing agreement governing EQ.app's processing of personal information on the customer's behalf.

14 Service changes availability and beta features

We may modify the Service to improve functionality, security, compliance, or performance. We will use reasonable efforts to avoid materially reducing paid core functionality during an agreed term, subject to legal, security, and third-party dependencies. Preview or beta features may be changed or withdrawn at any time and may be less reliable than generally available features.

15 Suspension and termination

You may stop using the Service at any time. Termination rights in an order form or separate agreement also apply. We may suspend or terminate access for material breach, non-payment, legal or security risk, harm to the Service or others, or discontinuation of a free or preview offering. Where reasonable, we will give notice and an opportunity to cure.

Following termination, your right to use the Service ends. Data handling and deletion follow the Privacy Policy and applicable agreement. Provisions that by nature should survive remain effective, including ownership, confidentiality, accrued payment duties, disclaimers, liability limits, indemnification, disputes, and general provisions.

16 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." EQ.APP DISCLAIMS EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. EQ.APP DOES NOT WARRANT THAT THE SERVICE OR OUTPUTS WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, OR SUITABLE FOR A PARTICULAR DECISION.

Nothing in these Terms excludes rights or warranties that cannot lawfully be excluded.

17 Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EQ.APP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED THAT SUCH LOSS IS POSSIBLE.

EQ.APP'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT PAID TO EQ.APP FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR US$100. These limitations apply to the fullest extent permitted by law and do not limit liability that cannot lawfully be limited.

18 Indemnification

You will defend, indemnify, and hold harmless EQ.app and its officers, directors, employees, affiliates, and agents from third-party claims, damages, losses, liabilities, and reasonable legal fees arising from Customer Data, your instructions or communications, your unlawful or unauthorized use of the Service, your breach of these Terms, or your infringement of another person's rights. EQ.app will provide reasonable notice and cooperation, and you may not settle a claim in a way that admits fault by or imposes obligations on EQ.app without written consent.

19 Governing law and disputes

These Terms are governed by the laws of the State of Delaware and applicable United States federal law, without regard to conflict-of-law rules. Unless a separate written agreement provides otherwise, the state and federal courts located in Delaware have exclusive jurisdiction, and each party consents to those courts. Mandatory local consumer protections, if applicable, remain unaffected.

20 Changes to these Terms

We may revise these Terms from time to time. We will post the updated version at https://www.eq.app/terms and change the "Last updated" date. If a change materially affects existing paid use, we will provide additional notice where required. Continued use after updated Terms take effect constitutes acceptance to the extent permitted by law.

21 General terms

These Terms and any applicable order form or written agreement are the entire agreement for their subject matter. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions continue. You may not assign these Terms without our written consent, except as part of a permitted business reorganization or sale of substantially all relevant assets. EQ.app may assign these Terms in connection with a merger, reorganization, financing, or sale of its business or assets. Neither party is liable for delay caused by events beyond its reasonable control, except payment obligations.

22 Contact us

Questions about these Terms or the SMS program may be sent to hello@eq.community. The contracting entity is EQ Community LLC, operating as EQ.app.