Terms of Use

1. Introduction

Welcome to HireMelon ("we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of the HireMelon platform, including our website, services, and applications (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our Service.

1.1 Hierarchy and Priority

In the event of any conflict or inconsistency between these Terms and any other materials (including but not limited to the Pricing page, marketing materials, offer copy, or email communications), these Terms shall govern and take precedence, except where specific programme materials explicitly state they form part of or supplement these Terms (for example, VIP programme materials provided at enrollment).

However, nothing in these Terms limits your rights under applicable consumer protection laws, which always take precedence over any contractual terms to the extent required by law.

2. Definitions

In these Terms, the following terms have the meanings set out below:

• "Service" means the HireMelon platform, website, mobile applications, and all related services, features, content, and functionality provided by HireMelon.
• "Account" means your registered user account on the HireMelon platform, which you create with your email address and password.
• "Credits" means the non-cash virtual units granted through promotions, referrals, or other means, which can be used within the Service for certain features. Credits have no monetary value and cannot be exchanged for cash.
• "Plan" means one of the subscription tiers offered by HireMelon (Starter, Pro Accelerator, or VIP Career Fast-Track), each with its own features, limitations, and pricing.
• "VIP Programme" means the VIP Career Fast-Track plan, a premium service offering intensive, personalised career coaching and job search support.
• "Support Guarantee" means HireMelon's commitment to extend support services (not employment outcomes) when specified conditions are met, as detailed in Section 3.3.3.
• "Interview Invitation" means a confirmed request from an employer, recruiter, or hiring manager to participate in a job interview (phone screen, video interview, or in-person meeting) for a specific role. This does not include automated responses, generic "keep in touch" messages, or LinkedIn connection requests.
• "Billing Period" means the recurring interval (monthly or annual) for which you are charged for a subscription plan.
• "Renewal Date" means the date on which your subscription automatically renews for another Billing Period unless you cancel beforehand.
• "User Content" means any information, data, text, documents, resumes, or other materials you provide, upload, or submit to the Service.

3. Service Description

HireMelon provides AI-powered job matching, resume generation, cover letter creation, and qualification analysis tools to help Canadian job seekers find and apply to relevant positions. Our Service is designed to save you time, sharpen your applications, and help you target better-fit Canadian roles.

Important: HireMelon does NOT guarantee employment outcomes, including but not limited to:

• Job offers or employment
• A specific number of interviews
• Any particular salary or compensation
• Interview callbacks or responses from employers

Employment decisions are made solely by employers. HireMelon is a tool to assist in your job search, not a guarantee of results.

4. Plan-Specific Terms

5. Credits, Promotions and Referrals

5.1 Credit System Overview

What Are Credits?

"Credits" are non-cash virtual units used within the HireMelon Service to access AI-powered features such as generating tailored resumes and cover letters. Credits are provided in two ways:

• Subscription Credits: Included with your monthly subscription plan (Starter, Pro Accelerator, or VIP Career Fast-Track) as described in Section 4 and on the Pricing page.
• Bonus Credits: Additional credits earned through promotions, referrals, reviews, or special events as described in Section 5.2.

Credit Consumption Rates

Credits are consumed when you use certain AI-powered features. Current consumption rates (as of the Effective Date of these Terms) are:

• Tailored Resume Generation: 10 credits per resume generation. The exact rate will be displayed within the Service at the time of generation.
• Tailored Cover Letter Generation: 5 credits per cover letter generation. The exact rate will be displayed within the Service at the time of generation.
• Profile Auto-Population from Resume: Credits are consumed when using AI to automatically populate your profile fields from an uploaded resume. The exact rate will be displayed within the Service at the time of use.
• Job Qualification Analysis: Credits are consumed when using AI to analyze your qualifications against a specific job posting. The exact rate will be displayed within the Service at the time of analysis.
• Other AI-Powered Features: Additional AI-powered features may be added in the future (e.g., interview preparation, skill gap analysis, job matching analysis). Credit costs for these features will be clearly disclosed within the Service before use.

We reserve the right to modify credit consumption rates with at least 30 days' advance noticevia email and/or prominent display within the Service. Rate changes will not affect credits already in your account balance—only future credit consumption. Updated rates will be posted on the Pricing page and displayed within the Service before you confirm any generation or analysis action.

Monthly Subscription Credits

Each subscription plan includes a monthly allocation of credits as specified in Section 4 and on the Pricing page:

• Monthly Reset: Subscription credits are allocated at the start of each billing period (monthly or annually, depending on your subscription type). For annual subscriptions, credits are allocated monthly over the course of the year.
• No Rollover: Unused subscription credits do not roll over to the next billing period. Credits expire at the end of each monthly period and are replaced with your next monthly allocation. We recommend monitoring your credit balance and usage to maximize the value of your subscription.
• Pro-Rated Allocation on Upgrade: If you upgrade your plan mid-month (e.g., from Starter to Pro Accelerator), you will immediately receive the full monthly allocation for the new plan. Your next regular allocation will occur at the start of your next billing period.
• Credit Balance Visibility: You can view your current credit balance, monthly allocation, and next reset date in your Account settings at any time.

Purchasing Additional Credits

If you exhaust your monthly subscription credits, you may purchase additional credits as top-ups:

• Availability: Top-up credit packages are available for purchase through your Account settings. Pricing and package sizes are displayed at the time of purchase.
• Non-Refundable: Purchased top-up credits are non-refundable once added to your account, except as required by applicable consumer protection law.
• Expiry: Purchased top-up credits expire 90 days after purchase unless otherwise specified at the time of purchase. You will receive an email reminder at least 30 days before expiration.
• Use Priority: When you use credits, the system will automatically consume credits in the following order: (1) subscription credits allocated for the current month, (2) bonus credits with the earliest expiry date, (3) purchased top-up credits with the earliest expiry date.

Downgrade and Cancellation Handling

• Downgrade to Lower Plan: If you downgrade your subscription (e.g., from Pro Accelerator to Starter), your current monthly subscription credits will be preserved and remain usable for 30 days after the downgrade takes effect. After 30 days, any remaining subscription credits from the higher plan will be forfeited. Bonus credits and purchased top-up credits are not affected by downgrades and will remain in your account until their individual expiry dates.
• Cancellation: If you cancel your subscription entirely, your subscription credits will remain usable until the end of your current billing period (as described in Section 4.2.2). After your subscription ends, any unused subscription credits will be forfeited. Bonus credits and purchased top-up credits will remain available until their individual expiry dates, provided you maintain an active (free Starter) account.
• Account Closure: If you permanently close your Account, all unused credits (subscription, bonus, and purchased) will be immediately forfeited with no refund or compensation.

5.2 Bonus Credits and Promotional Rewards

How to Earn Bonus Credits

In addition to your monthly subscription credits, you may earn bonus "Credits" through promotional activities. Bonus credits can be used for the same features as subscription credits (e.g., generating resumes and cover letters).

• No Cash Value: Credits (both subscription and bonus) have no monetary value and cannot be exchanged for cash, transferred to other users, or sold.
• Non-Transferable: Credits are tied to your Account and cannot be transferred, gifted, or shared with other users.
• Use Within Service Only: Credits can only be redeemed for features and services within HireMelon. They cannot be used for third-party services or products.

How to Earn Bonus Credits

You may earn bonus Credits through:

• Promotional Campaigns: Time-limited promotions (e.g., "Sign up in November and get 50 bonus credits," "Refer 3 friends and get 100 credits").
• Feedback Surveys: Completing user experience surveys or providing product feedback when requested by HireMelon.
• Reviews or Testimonials: Submitting honest reviews or testimonials about your experience with HireMelon (see Section 5.3 for detailed requirements).
• Referral Activity: Successfully referring friends, colleagues, or others to HireMelon (see Section 5.4 for detailed requirements).
• Special Events: Participation in contests, challenges, or community events organized by HireMelon.

Each promotion, survey, referral program, or event will specify:

• Who is eligible (e.g., Starter users only, first-time users, Pro subscribers)
• What is being offered (number of Credits or other benefits)
• Any conditions or requirements to qualify
• Expiry dates or redemption deadlines (if applicable)
• Any limits on the number of times you can participate

Bonus Credit Expiry and Balance

• Expiry Periods: Bonus credits earned through promotions may have expiry dates as specified in the promotional offer (e.g., "Credits expire 6 months after issuance"). We will not impose expiry periods shorter than 90 days from the date bonus credits are awarded to your Account, except where required to comply with time-limited promotional offers clearly disclosed at the time of earning.
• Expiry Notice: If your bonus credits are set to expire, we will send you an email reminder at least 30 days before expiration to give you an opportunity to use them.
• No Refunds or Extensions: Expired bonus credits cannot be reinstated, extended, or refunded. It is your responsibility to use bonus credits before they expire.
• Balance Visibility: You can view your current credit balance (including breakdown of subscription credits, bonus credits, and purchased credits) and expiry dates in your Account settings at any time.

Changes to Promotions and Bonus Credit Programs

• Right to Modify or Discontinue: We may modify, suspend, or discontinue promotional and bonus credit programs at any time without liability. This includes changing credit earning rates, redemption values, eligible features, or program rules.
• Earned Credits Protected: Changes to credit programs will not affect bonus credits you have already earned and that are in your Account balance at the time of the change. Already-earned bonus credits retain their original terms (including expiry dates and redemption value) unless we provide at least 60 days' advance notice of changes that negatively affect your existing balance.
• Future Earning Opportunities: Changes to how bonus credits can be earned in the future (e.g., ending a referral program, reducing credits per review) take effect immediately upon announcement and apply to activities after the change. We will use reasonable efforts to provide notice of such changes on our website or via email.
• Provincial Consumer Protection: Any changes to credit terms are subject to applicable provincial consumer protection laws, including unfair practices provisions and gift card regulations. We will not make changes that violate mandatory consumer protection rights.

5.3 Incentivised Reviews and Testimonials

Honest Reviews Required

We may offer Credits or other benefits in exchange for users submitting reviews, testimonials, ratings, or feedback about HireMelon. If you participate in such programs:

• Honest and Accurate: You must provide honest, accurate feedback based on your genuine personal experience with HireMelon. Reviews must reflect your true opinions and actual use of the Service.
• No Fake or Misleading Reviews: You are strictly prohibited from:
  • Creating fake reviews or testimonials
  • Submitting reviews on behalf of others or using multiple accounts to submit multiple reviews
  • Exaggerating, fabricating, or misrepresenting your experience or results
  • Reviewing HireMelon without actually using the Service
  • Coordinating with others to submit biased or misleading reviews
  • Posting reviews that violate platform policies (e.g., Google, Trustpilot, G2) or contain prohibited content (hate speech, defamation, etc.)
• Balanced Feedback: Honest reviews may include both positive and negative aspects of your experience. You will not be penalized or lose Credits for providing constructive criticism or negative feedback, as long as it is honest and not defamatory.

Disclosure Requirements

If you post a public review or testimonial in exchange for Credits or other benefits, you must:

• Disclose the Incentive Clearly: Include a clear, conspicuous statement that you received something of value (Credits, bonus features, etc.) in exchange for your review.
• Where to Disclose: The disclosure must appear:
  • In the review itself (not just in a profile bio or separate post)
  • Near the beginning of the review, before the main content
  • In a manner that is easily noticeable and not buried in fine print or hashtags
• Acceptable Disclosure Examples:
  • "I received bonus credits from HireMelon for submitting this review."
  • "Disclosure: HireMelon provided me with credits in exchange for my honest feedback."
  • "I was given promotional credits for writing this review, but my opinions are my own."
  • "#Ad - I received incentives from HireMelon for this review." (if posting on social media where #Ad is standard practice)
• Unacceptable Disclosure Examples:
  • ❌ No disclosure at all
  • ❌ Disclosure only in your profile bio, not in the review
  • ❌ Disclosure at the very end of a long review where it may be missed
  • ❌ Vague disclosure like "Thanks HireMelon!" without mentioning the incentive

Employees, Contractors, and Close Associates

Employees, contractors, advisors, investors, or close family members of HireMelon employees are prohibited from submitting public reviews or testimonials about HireMelon on third-party platforms (e.g., Google Reviews, Trustpilot, G2, Capterra) without:

• Disclosing your relationship with HireMelon clearly and prominently (e.g., "I work for HireMelon")
• Complying with all applicable platform policies and competition law requirements

This prohibition exists to maintain the integrity of independent reviews and comply with Competition Bureau guidance on misleading representations.

Consequences of Non-Compliance

If you fail to disclose an incentive, submit fake or misleading reviews, or otherwise violate these review requirements:

• Removal of Credits: Any Credits awarded for the review will be immediately removed from your Account with no refund or compensation.
• Disqualification from Future Programs: You may be permanently disqualified from participating in Credit-earning programs, referral programs, and other promotional activities.
• Account Suspension or Termination: We reserve the right to suspend or terminate your Account for serious or repeated violations.
• Legal Action: We may report violations to the Competition Bureau of Canada and/or take legal action for fraud, misrepresentation, or breach of contract.
• Review Platform Reporting: We may report fake or non-disclosed reviews to the platform where they were posted (e.g., Google, Trustpilot) for removal.

5.4 Referral Program

How Referrals Work

HireMelon may offer a referral program where you can earn Credits or other rewards by referring friends, colleagues, or others to join HireMelon. Referral program terms will be specified in the program offer and may include:

• The reward you receive (e.g., Credits, bonus features, discounts)
• The reward the referred person receives (if any)
• Qualifying actions (e.g., referred person must sign up with your link and generate their first application, or subscribe to Pro)
• Time limits (e.g., reward is granted within 30 days of qualifying action)

Referral Program Rules and Restrictions

• Eligible Referrers: Only individual users with active Accounts in good standing may participate in the referral program. Users with suspended accounts, users who have violated these Terms, or users who have previously abused promotional programs are not eligible.
• Eligible Referred Persons: Referred persons must be:
  • New to HireMelon (have never created an Account before)
  • Not currently an employee, contractor, or close family member of HireMelon employees
  • Located in Canada (or other eligible jurisdictions specified in the referral program offer)
  • Sign up using your unique referral link (not manually entering your email or code after signup)
• Self-Referrals Prohibited: You cannot refer yourself using multiple email addresses, devices, or identities. You cannot create multiple Accounts to take advantage of referral rewards. Self-referrals will be detected and disqualified, and may result in account termination.
• Professional Referrers and Businesses: If you are a professional recruiter, career coach, consultant, or business entity referring clients or customers to HireMelon:
  • You may not participate in the standard referral program designed for individual users
  • Contact us at partnerships@hiremelon.com to discuss partnership or affiliate arrangements
  • Unauthorized commercial use of referral links may result in disqualification and account termination
• Referral Caps: To prevent abuse, we may impose limits on referral rewards:
  • Per Referrer: Maximum of 50 successful referrals per calendar year, or as otherwise specified in the referral program offer
  • Per Referred Person: Each new user can only be referred once (first referrer gets credit)
  • Monthly Limits: We may impose monthly earning caps (e.g., maximum 500 Credits per month from referrals)
• No Spam or Unsolicited Referrals: You must not:
  • Send unsolicited emails, messages, or communications to strangers promoting HireMelon
  • Post referral links as spam in online forums, comment sections, or social media without disclosing your incentive
  • Use automated tools or bots to distribute referral links
  • Misrepresent HireMelon, make false claims, or use misleading tactics to induce signups
• Disclosure for Public Referrals: If you post your referral link publicly (e.g., on social media, blog, YouTube, podcast), you must clearly disclose that you will receive a benefit if someone signs up using your link (e.g., "I'll receive credits if you use my referral link").

Referral Reward Conditions

• Qualifying Actions: Referral rewards are granted only when the conditions stated in the referral program offer are met. For example, if the offer states "referred person must generate their first application," the reward is not granted until that action is completed. Partial completion does not qualify.
• Timing: Rewards are typically granted within 7-30 days after the qualifying action is completed, as specified in the referral program offer. Delays may occur due to verification or fraud prevention checks.
• Fraud Detection: We use automated and manual fraud detection systems to identify suspicious referral activity (e.g., multiple signups from the same IP address, rapid-fire referrals, unusual patterns). Suspicious referrals will be investigated and may be disqualified.
• Referred Person Must Remain Active: If the referred person closes their Account, requests a refund, or is terminated for Terms violations within 60 days of signup, the referral reward may be reversed and Credits removed from your Account.
• No Cash Alternative: Referral rewards cannot be exchanged for cash. They are subject to the same Credit terms in Section 5.1 (non-transferable, expiry periods may apply, use within Service only).

Changes to Referral Program

We may modify, suspend, or discontinue the referral program at any time. Where changes apply:

• Existing Pending Referrals: Referrals that are in progress at the time of program changes (i.e., referred person has signed up but not yet completed qualifying action) will be honored under the original terms if the qualifying action is completed within 90 days of the referred person's signup, unless we provide longer grace periods.
• New Referrals: Changes to the referral program (e.g., reduced rewards, stricter qualifying actions) apply immediately to new referrals made after the change is announced.
• Notice: We will use reasonable efforts to provide notice of material changes to the referral program via email or announcement on our website.

Consequences of Referral Program Abuse

Violations of referral program rules may result in:

• Disqualification from current and future referral rewards (no Credits awarded)
• Removal of previously awarded Credits with no refund
• Permanent ban from all promotional and Credit-earning programs
• Account suspension or termination
• Legal action for fraud or breach of contract

6. Payment and Refunds

6.1 Payment Processing

All payments are processed securely through our third-party payment processor, Stripe. By providing payment information, you authorize us to charge your payment method for all fees associated with your chosen Plan.

We do not store your complete credit card information on our servers. Payment data is handled in accordance with PCI DSS (Payment Card Industry Data Security Standards).

6.2 Currency and Taxes

• Currency: All prices are listed and charged in Canadian Dollars (CAD). If your payment method is in a different currency, your financial institution may apply currency conversion fees and exchange rates.
• Taxes: Prices displayed may not include applicable taxes (GST, HST, PST, or QST). Taxes will be calculated and added at checkout based on your billing address, as required by law.
• Your Responsibility: You are responsible for all taxes associated with your use of the Service, including any taxes that may be due in your jurisdiction but not collected by us at checkout. We will collect and remit taxes as required by Canadian tax authorities based on the information you provide.
• Tax Information Accuracy: You agree to provide accurate billing address and location information for tax calculation purposes. You are responsible for any additional taxes, penalties, or interest resulting from incorrect information you provide.
• Tax Indemnification: To the extent permitted by law, you agree to indemnify and hold HireMelon harmless from any claims, liabilities, or penalties arising from:
  • Your failure to pay applicable taxes in your jurisdiction
  • Incorrect billing address or location information you provided
  • Your failure to comply with tax laws applicable to your use of the Service
  • Tax audits or assessments related to your Account (where the issue arises from your conduct or information, not our error)
  This indemnification does not apply to taxes HireMelon is legally required to collect and remit, or to our errors in tax calculation or collection.

6.3 Refund Policy

All subscription fees are charged in advance and are generally non-refundable, except as follows:

• Trial/Guarantee Periods: If explicitly stated at the time of purchase (e.g., 7-day or 14-day money-back guarantee), you may request a full refund within the stated period.
• Billing Errors: If we charge you incorrectly, we will refund the incorrect amount upon verification.
• Service Unavailability: If the Service is substantially unavailable for an extended period due to our fault, we may provide a prorated refund or account credit at our discretion.
• Consumer Protection Laws: Nothing in this policy limits your statutory rights to refunds under applicable consumer protection legislation (see Section 15.2).

Important: Refunds of subscription fees are provided as monetary refunds only (credited back to your original payment method). Refunds do not result in the issuance of credits to your account. All credits (subscription, bonus, or purchased) associated with the refunded period will be forfeited upon refund processing, except where prohibited by law. Purchased top-up credits are non-refundable once added to your account, except as required by applicable consumer protection law.

To request a refund, contact support@hiremelon.com with your account details and reason for the request. Refunds typically take 5-10 business days to process.

6.4 Price Changes

We reserve the right to change our pricing at any time. Price changes will not affect your current Billing Period but will apply upon renewal unless otherwise communicated. You will receive at least 30 days' notice of any price increase affecting your subscription.

7. User Responsibilities

7.1 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials (email and password)
• All activities that occur under your Account, whether authorized by you or not
• Immediately notifying us at support@hiremelon.com if you suspect unauthorized access
• Ensuring your password is strong and not shared with others

We are not liable for any loss or damage arising from your failure to maintain account security.

7.2 Acceptable Use

You agree to:

• Provide accurate, current, and complete information when creating your profile
• Use the Service in compliance with all applicable laws and regulations
• Review and verify all AI-generated content before submitting to employers
• Not misrepresent your qualifications, experience, or identity

7.3 Prohibited Conduct

You agree NOT to:

• Misuse, abuse, or attempt to manipulate the Service or its AI algorithms
• Share, resell, or redistribute access to the Service
• Create multiple accounts to circumvent usage limits, credit limits, or subscription restrictions
• Use automated tools (bots, scrapers) to access the Service
• Reverse engineer, decompile, or attempt to extract source code
• Upload malicious code, viruses, or harmful content
• Violate any third-party rights, including intellectual property or privacy rights
• Use the Service for any illegal or fraudulent purpose
• Attempt to earn credits through fraudulent referrals, fake reviews, or other dishonest means

Violation of these prohibitions may result in immediate termination of your Account, forfeiture of all credits (subscription, bonus, and purchased), and legal action.

8. Intellectual Property

The Service and all content, features, and functionality are owned by HireMelon and are protected by copyright, trademark, and other intellectual property laws.

You retain ownership of the content you provide (resumes, profiles, etc.). By using our Service, you grant HireMelon a license to use, process, and analyze your content to provide and improve the Service.

Content generated by our AI tools (resumes, cover letters, etc.) becomes your property once created, and you may use it freely for your job search.

9. Disclaimers

9.1 "As Is" and "As Available"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the maximum extent permitted by law, HireMelon disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties arising from course of dealing or usage of trade
• Warranties that the Service will be uninterrupted, error-free, or completely secure
• Warranties regarding the accuracy, reliability, or completeness of content

9.2 No Employment Guarantees

9.3 AI-Generated Content

Our Service uses artificial intelligence to generate resumes, cover letters, and other content. You acknowledge and agree that:

• AI is not perfect: AI-generated content may contain errors, inaccuracies, or inappropriate suggestions. You are solely responsible for reviewing, editing, and verifying all AI-generated content before use.
• No guarantee of quality: We do not guarantee that AI-generated content will meet your needs, expectations, or any employer's requirements.
• Your responsibility: You are responsible for ensuring that any content you submit to employers is accurate, truthful, and represents your qualifications appropriately.
• Not professional advice: AI-generated content does not constitute professional career advice, legal advice, or any other type of professional services.

9.4 Third-Party Content and Services

We are not responsible for:

• The accuracy, availability, or content of third-party job boards or job postings
• Actions, policies, or decisions made by employers
• Content posted by other users (in community features, if applicable)
• Third-party websites or services linked from our Service
• Technical issues, downtime, or errors caused by third-party service providers

9.5 No Legal, Tax, or Immigration Advice

The Service does not provide legal, tax, immigration, or other professional advice. You should consult qualified professionals for advice specific to your situation. Any information provided through the Service is for general informational purposes only.

10. Limitation of Liability

10.1 Exclusion of Indirect Damages

To the maximum extent permitted by law, HireMelon and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to:

• Your use of or inability to use the Service
• Loss of profits, revenue, business opportunities, or data
• Loss of employment opportunities or failure to secure employment
• Cost of substitute services
• Errors or omissions in AI-generated content
• Unauthorized access to or alteration of your data
• Actions or conduct of third parties (including employers)

This exclusion applies even if HireMelon has been advised of the possibility of such damages and regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise).

10.2 Cap on Total Liability

Our total aggregate liability to you for any and all claims arising from or related to these Terms or your use of the Service, regardless of the form of action, shall not exceed the greater of:

• The total amount you paid to HireMelon in the twelve (12) months immediately preceding the claim, or
• CAD $100

10.3 Exceptions and Limitations

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Any other liability that cannot be excluded or limited by law

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. If you are in such a jurisdiction, the above limitations may not apply to you to the extent prohibited by law.

10.4 Allocation of Risk

You acknowledge that the fees charged by HireMelon reflect the allocation of risk set forth in these Terms and that HireMelon would not enter into this agreement without these limitations on liability.

11. Indemnification

You agree to indemnify, defend, and hold harmless HireMelon and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party, including intellectual property rights
• Your User Content, including any false, misleading, or inaccurate information you provide
• Your conduct in connection with the Service
• Any claim that your use of the Service caused damage to a third party

This indemnification obligation will survive the termination of your Account and these Terms.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

12. Termination

12.1 Termination by You

You may terminate your Account at any time by:

• Canceling your subscription through your account settings, or
• Contacting us at support@hiremelon.com and requesting account deletion

If you are on a paid plan, cancellation will take effect at the end of your current Billing Period. You will retain access to paid features until then. No refunds will be provided for the remaining portion of your Billing Period, except as required by law or a specific guarantee.

Upon account deletion, your User Content will be deleted in accordance with Section 12.4 and our Privacy Policy.

12.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for any of the following reasons:

• Violation of these Terms
• Fraudulent, abusive, or illegal conduct
• Non-payment of fees
• Extended inactivity (Starter accounts only, with advance notice as per Section 4.1.3)
• Risk to the security or integrity of the Service
• At our discretion, for any reason or no reason

Where reasonably practicable, we will provide notice before termination and an opportunity to remedy the issue (except in cases of serious violations, fraud, or security risks).

12.3 Effect of Termination

Upon termination of your Account:

• Your right to access and use the Service immediately ceases
• All licenses granted to you under these Terms terminate
• We are not obligated to retain your User Content beyond data retention periods required by law
• Sections of these Terms that by their nature should survive termination will remain in effect (including payment obligations, disclaimers, limitation of liability, and governing law)

12.4 Data Retention and Deletion

After termination or account deletion:

• Voluntary Deletion: If you request account deletion, your User Content will be deleted within 30 days, except where we are required by law to retain certain data (e.g., for tax, fraud prevention, or legal compliance).
• Termination by Us: If we terminate your Account for violations, we may retain your User Content for a reasonable period to investigate the violation and prevent future abuse.
• Credit Usage Logs: Transaction logs related to credit purchases, credit consumption, and promotional credit awards may be retained for up to 12 months after account termination for fraud prevention, abuse verification, financial audit purposes, and legal compliance. These logs contain metadata only (dates, amounts, transaction types) and do not include the content of generated resumes or cover letters.
• Backup Copies: Backup copies may persist in our systems for up to 90 days but will not be accessible to you or used by us.
• Aggregated Data: We may retain anonymized, aggregated data for analytics and service improvement purposes.

For more information on data retention and deletion, see our Privacy Policy.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal action, you agree to first attempt to resolve any dispute, claim, or controversy arising from or relating to these Terms or the Service (each, a "Dispute") informally by contacting us at support@hiremelon.com.

We will attempt to resolve the Dispute through good-faith negotiation within 30 days of receiving notice of the Dispute.

14.2 Governing Law and Jurisdiction

If informal resolution is unsuccessful, any Dispute (except those brought in small claims court per Section 14.4) shall be governed by the laws of the Province of British Columbia and federal laws of Canada applicable therein, and shall be resolved in the courts of British Columbia, Canada.

You and HireMelon consent to the exclusive jurisdiction and venue of the courts located in British Columbia for the resolution of any Dispute, except:

• Small claims court actions may be brought in the jurisdiction where you reside or where the transaction occurred, as permitted by small claims court rules
• Actions seeking injunctive relief for intellectual property infringement may be brought in any court of competent jurisdiction

14.3 Time Limitation on Claims

You agree that any claim or cause of action arising from or related to your use of the Service or these Terms must be filed within one (1) year after the claim or cause of action arose, or be forever barred (to the extent permitted by applicable law).

14.4 Small Claims Court Exception

Notwithstanding the dispute resolution procedures outlined above, either you or HireMelon may bring an individual action in small claims court (or the provincial equivalent) if the claim qualifies and remains in that court. This exception allows both parties to pursue smaller disputes through a simpler, more accessible forum.

Small claims court proceedings are not subject to the informal resolution requirement in Section 14.1, though we encourage you to contact us first to attempt resolution.

14.5 No Class Actions

You and HireMelon agree that any proceedings to resolve Disputes (except in small claims court) will be conducted on an individual basis and not as a class, consolidated, or representative action.

Note: This class action waiver may not be enforceable in certain jurisdictions, including Quebec. If you are in such a jurisdiction and this waiver is found to be unenforceable, this section shall be severed and the remainder of the dispute resolution provisions shall remain in effect.

15. Governing Law and Consumer Rights

15.1 Governing Law and Jurisdiction

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

You and HireMelon irrevocably submit to the exclusive jurisdiction of the courts of British Columbia, Canada, for any disputes arising from these Terms or your use of the Service. This means that any legal proceedings related to these Terms must be brought in the courts of British Columbia, and both parties agree to accept the jurisdiction of those courts.

15.2 Consumer Protection Rights

Nothing in these Terms limits or excludes your rights under applicable consumer protection laws.

If you are a consumer resident in Canada, you may have additional rights under provincial consumer protection legislation, including but not limited to:

• Cooling-Off Periods: Certain provinces provide consumers with the right to cancel online contracts within a specified period (e.g., 7-10 days) after purchase. Check your provincial consumer protection office for details.
• Unfair Practices Protection: Provincial laws prohibit unfair, deceptive, or unconscionable business practices. You have the right to complain to your provincial consumer protection authority if you believe we have engaged in such practices.
• Contract Disclosure Requirements: You have the right to receive clear, complete information about pricing, automatic renewals, cancellation processes, and material terms before entering into a contract.
• Right to Cancel Automatic Renewals: You have the right to cancel recurring subscriptions at any time. We provide easy cancellation through your account settings or by contacting support@hiremelon.com.

Any term in this agreement stating that fees are "non-refundable" is subject to your mandatory consumer protection rights and does not override statutory cooling-off periods, refund entitlements, or other protections required by law.

15.3 Provincial Consumer Protection Resources

For information about your consumer rights, you may contact:

• British Columbia: Consumer Protection BC - consumerprotectionbc.ca
• Ontario: Ministry of Public and Business Service Delivery - ontario.ca/consumer
• Other Provinces: Contact your provincial consumer affairs or consumer protection office

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any specific programme terms (e.g., VIP programme materials), constitute the entire agreement between you and HireMelon regarding the Service and supersede all prior agreements, communications, and understandings, whether written or oral.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

16.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign these Terms, in whole or in part, to any third party at any time without notice or consent (e.g., in connection with a merger, acquisition, or sale of assets).

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.6 Notices

We may provide notices to you via email to the address associated with your Account, through the Service, or by posting on our website. Notices are deemed received 24 hours after email is sent (unless the email is returned as undeliverable) or immediately if posted through the Service.

You may provide legal notices to us at: support@hiremelon.com or by mail to our business address (available upon request).

16.7 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between you and HireMelon. You have no authority to bind HireMelon in any manner.

16.8 Language

These Terms are written in English. Any translated versions are provided for convenience only. In case of conflict between the English version and a translated version, the English version shall prevail.

16.9 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated herein. Our affiliates, service providers, and licensors are intended third-party beneficiaries of the disclaimers, limitations of liability, and indemnification provisions.

17. Contact Information

If you have questions about these Terms, please contact us at:

Email: support@hiremelon.com
Website: https://www.hiremelon.com