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Terms of Service

JAN (Job Applicant Navigator) — Lopatka Consulting Services LLC
Last Updated: August 17, 2026

1. Agreement

By accessing or using JAN (Job Applicant Navigator), operated by Lopatka Consulting Services LLC ("we," "us," "our," or "Company"), you ("you" or "User") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

We may update these Terms from time to time. We will notify registered users of material changes via email. Continued use of the Service after changes constitutes acceptance of the updated Terms. The "Last Updated" date at the top indicates when these Terms were most recently revised.

2. Description of Service

JAN is an AI-powered resume screening tool that evaluates candidate resumes against user-defined criteria. JAN provides screening scores, candidate rankings, and analysis to assist human decision-makers in the hiring process. JAN is a screening assistance tool only — it does not make hiring decisions.

JAN is offered in two tiers. JAN Standard provides self-service screening. JAN Enterprise adds high-volume background processing, applicant tracking system (ATS) integration, and the optional authorized software agent access described in Section 5A.

3. Eligibility and Accounts

You must be at least 18 years old to use the Service. Each individual who screens resumes through JAN must have their own account. Account sharing is not permitted. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

4. Software Ownership and IP Protection

JAN is owned by Lopatka Consulting Services LLC and is patent pending. All rights are reserved. You agree to the following:

5. Permitted Use and Restrictions

You will use JAN only for lawful employment screening purposes. You agree that you will not:

Attempts to submit discriminatory criteria are automatically blocked and logged for audit purposes. Violations of these restrictions may result in immediate account termination.

5A. Authorized Software Agent Access (JAN Enterprise)

JAN Enterprise supports optional connections from third-party AI assistants and software agents acting on your behalf (each, an "Authorized Agent"). This capability is off by default. It becomes available only when you explicitly authorize a specific agent through our authentication provider's consent process.

5A.1 Scope of Agent Access

An Authorized Agent connected to your account may list and create saved screening criteria sets, list your screenings, and retrieve the full results of your screenings, including candidate names, rankings, supporting evidence, and candidate email addresses.

An Authorized Agent cannot start a screening, upload resumes, modify or cancel your subscription, or access any account other than the one that authorized it. Screening criteria submitted by an Authorized Agent are validated against the same protections described in Section 5 at the time they are saved.

5A.2 Your Responsibility

You are solely responsible for each Authorized Agent you enable and for all activity conducted in your account through it, to the same extent as if you had performed that activity yourself. Before authorizing an agent, you are responsible for satisfying yourself that the agent's provider handles data in a manner consistent with your own legal and contractual obligations, including any obligations you owe to candidates or to your clients.

Once an Authorized Agent retrieves data from your account, that data is subject to the practices of the agent's provider, which are outside our control. We are not responsible for how any third-party agent or its provider stores, transmits, uses, or discloses data retrieved from your account.

Authorizing an Authorized Agent under this Section is not a violation of the account-sharing restrictions in Sections 3 and 4, provided the agent acts solely on your behalf and within your own account. Nothing in this Section permits you to provide agent access to another individual as a means of circumventing the individual-account requirement.

5A.3 Logging

Every action taken by an Authorized Agent in your account is recorded in an audit log. This log records which capability was used, a summary of what was requested, whether it succeeded, and when. It does not record screening results or candidate data. This log is retained for as long as necessary for security, accountability, and compliance purposes, so that agent activity remains auditable after the underlying screening data has been deleted; we periodically review these records and delete those no longer needed. See the Privacy Policy for details.

5A.4 Revocation and Availability

You may revoke an Authorized Agent's access at any time, and revocation takes effect immediately. We may suspend or disable agent access, in whole or in part, where we reasonably believe it is being used in violation of these Terms or is placing undue burden on the Service. Agent access is offered as part of JAN Enterprise and may be modified or discontinued with reasonable notice.

6. Human Decision-Making Requirement

JAN is a screening assistance tool. It does not make hiring decisions. You are responsible for reviewing all results and making final employment decisions with appropriate human judgment and oversight. You acknowledge that AI outputs may contain errors and that you will independently verify results before taking any employment action.

7. Automated Employment Decision Tool (AEDT) Disclosure

JAN uses artificial intelligence to score, rank, and classify candidates based on your screening criteria. This qualifies as an Automated Employment Decision Tool (AEDT) under applicable laws, including New York City Local Law 144.

You are responsible for:

We can provide screening data for independent bias audit purposes upon request. Contact support@lopatkacs.com for bias audit data requests.

8. Data Handling

Candidate resumes are processed using blind screening — personally identifiable information is removed before AI evaluation. For full details on how data is collected, used, stored, and deleted, see our Privacy Policy.

If you use the Service to process candidate personal data subject to applicable privacy laws, our Data Processing Agreement ("DPA") applies to that processing and is incorporated into these Terms by reference. If these Terms conflict with the DPA with respect to the processing of candidate personal data, the DPA controls.

Key data handling terms:

9. Free Trial Access

If you are using JAN under a free trial, you acknowledge that:

10. Subscriptions, Billing, and Refunds

JAN offers paid subscription plans on both monthly and annual billing cycles. If you are on a paid plan, the following terms apply:

10.1 Billing

10.2 Auto-Renewal

All subscriptions renew automatically at the end of each billing cycle (monthly or annual) unless you cancel before the renewal date. You will be charged the then-current rate for your plan at each renewal. We will provide notice before charging a renewal if the price of your plan has changed.

10.3 Cancellation

10.4 Refund Policy

No refunds are provided for any subscription plan, including annual plans. When you cancel, you retain access to the Service through the end of your current billing period, but no partial or prorated refunds will be issued for unused time remaining in that period. This applies to both monthly and annual subscriptions.

By subscribing to a paid plan, you acknowledge and agree to this no-refund policy.

10.5 Price Changes

We reserve the right to change subscription pricing at any time. Active subscribers will receive at least 30 days' notice before any price increase takes effect. Price changes will apply at the start of your next billing cycle following the notice period. If you do not agree to a price change, you may cancel your subscription before the new price takes effect.

10.6 Payment Processing

Payment processing is handled by Stripe, our third-party payment provider. We do not store your payment card details directly. Your use of Stripe's services is subject to Stripe's Terms of Service.

11. Feedback

All feedback, suggestions, bug reports, and ideas you provide regarding the Service may be used by Lopatka Consulting Services LLC to improve the Service without compensation or attribution to you.

12. No Warranty

THE SERVICE IS PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AI outputs may contain errors, inaccuracies, or inconsistencies. We do not guarantee the accuracy, completeness, or reliability of any screening results. You are responsible for independently verifying all results before making any employment decisions.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOPATKA CONSULTING SERVICES LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Lopatka Consulting Services LLC is not liable for any employment decisions you make based on JAN's screening results.

14. Indemnification

You agree to indemnify, defend, and hold harmless Lopatka Consulting Services LLC and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

15. Termination

15.1 By You

You may stop using the Service at any time. To request deletion of your account and associated data, contact us at support@lopatkacs.com. If you are on a paid plan, cancellation takes effect at the end of the current billing period.

15.2 By Us

We may suspend or terminate your access at any time if you violate these Terms, at our sole discretion. We may also discontinue the Service at any time with reasonable notice to active users.

15.3 Effect of Termination

Upon termination, your right to access the Service ceases immediately. Sections that by their nature should survive termination (including IP Protection, No Warranty, Limitation of Liability, Indemnification, and Governing Law) will survive.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

17. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA"). For disputes involving individual users or subscribers, arbitration shall be conducted in accordance with the AAA's Consumer Arbitration Rules. For disputes involving business or enterprise customers, arbitration shall be conducted in accordance with the AAA's Commercial Arbitration Rules. Arbitration shall take place in New York, New York. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Arbitration Fees: Each party shall be responsible for its own arbitration filing fees, arbitrator fees, and associated costs, unless the arbitrator determines otherwise in the final award.

Notwithstanding the above:

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. You waive any right to participate in a class action lawsuit or class-wide arbitration.

BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND SPECIFICALLY AGREE TO THIS ARBITRATION PROVISION AND THE CLASS ACTION WAIVER ABOVE.

18. General Provisions

19. Contact Us

Lopatka Consulting Services LLC
Email: support@lopatkacs.com
Location: New York, NY