Terms of Service

1. About these Terms

These Terms of Service (the “Terms”) form a legally binding agreement between you and Frank Careers Pty Ltd (ACN 697 885 082) of 16 Garden Avenue, Brighton East, Victoria 3187, Australia (“Frank Careers”, “we”, “us”, or “our”). They govern your access to and use of the Frank Careers website (frankcareers.ai), the Frank AI career counsellor service, and any related products, features, or services we provide (together, the “Service”).

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Service.

These Terms apply to you whether you access the Service from Australia or from any other country. Some sections include country-specific provisions that apply in addition to the general Terms.

Nothing in these Terms excludes, restricts, or modifies any rights you may have under laws that apply to you and that cannot lawfully be excluded, restricted, or modified.

2. Eligibility

You may only use the Service if you are at least 18 years old and capable of forming a legally binding contract under the laws applicable to you. By using the Service, you represent and warrant that you meet these requirements.

The Service is not intended for, and may not be used by, anyone under the age of 18. If we become aware that a user is under 18, we will close the account and delete the associated data.

If you are using the Service on behalf of an entity, you represent that you have authority to bind that entity to these Terms, and references to “you” include both you and that entity.

3. Nature of the Service

Frank is an artificial intelligence (AI) tool. The Service uses large language models and other automated systems to provide career-related information, suggestions, drafts, and conversational guidance. The Service is provided for general informational purposes only.

The Service is not a substitute for, and does not constitute:

• professional career counselling delivered by a qualified human;
• legal advice;
• financial, taxation, accounting, or investment advice;
• medical, psychological, or mental health advice;
• recruitment services or representation as an agent on your behalf; or
• any other form of regulated professional advice.

You acknowledge and agree that:

• AI outputs can contain errors, omissions, inaccuracies, outdated information, and content that may be inappropriate for your specific circumstances;
• the Service does not understand your full personal circumstances and cannot exercise human judgement;
• you are solely responsible for evaluating, verifying, and deciding whether to rely on any output produced by the Service before acting on it; and
• you should seek qualified professional advice before making important career, financial, legal, or personal decisions.

We make no representation, warranty, or guarantee that use of the Service will result in any particular outcome, including (without limitation) securing a job interview, receiving a job offer, obtaining a salary increase, or achieving any career advancement.

Nothing in this section limits any rights you may have under applicable consumer protection law, including any rights that cannot lawfully be excluded.

4. Your account

To access most features of the Service, you must create an account. You agree to:

• provide accurate, current, and complete information during registration and keep it up to date;
• keep your password confidential and not share it with any other person;
• use a password that is strong and not used by you on any other service;
• be solely responsible for all activity that occurs under your account; and
• notify us promptly at hello@frankcareers.ai if you suspect any unauthorised use of your account.

You may not create an account on behalf of any other person without their authorisation, create more than one account for yourself, or use the Service if we have previously terminated your account.

5. Subscriptions, billing and refunds

5.1 Plans and fees

The Service is offered on a free tier and on paid subscription plans. The features available on each plan, and the fees payable, are set out on our pricing page at frankcareers.ai/pricing. We may change our plans, features, and fees from time to time in accordance with section 14 (“Changes to these Terms and the Service”).

Fees are charged in the currency displayed at the time of purchase (Australian dollars or US dollars, determined by your location) and are inclusive of GST or sales taxes where applicable, unless otherwise stated.

5.2 Billing

Paid subscriptions are billed in advance on a recurring basis (monthly or six-monthly, depending on the plan you select). By starting a paid subscription, you authorise us, through our payment processor Stripe, to charge your chosen payment method for the applicable fees at the start of each billing cycle. You must keep your payment details current.

5.3 Renewal and cancellation

Paid subscriptions renew automatically at the end of each billing cycle for the same plan and duration, at the then-current price, unless you cancel before the next renewal date. You may cancel at any time through the Stripe customer portal, accessible from your account page.

If you cancel a paid subscription, you will retain access to paid features until the end of your current billing period, after which your account will revert to the free tier.

5.4 Refunds

Unless required by applicable law, or expressly stated otherwise in these Terms or on our pricing page, fees paid for a subscription are non-refundable for change of mind.

Nothing in these Terms limits or excludes any rights you may have that cannot be lawfully limited or excluded, including:

• for Australian consumers, your rights under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), including the consumer guarantees; and
• for consumers in other jurisdictions, any non-waivable consumer rights granted by the law of your country of residence.

If we terminate your paid subscription under section 13.3 without cause, you will be entitled to a pro-rata refund of any prepaid fees attributable to the unused portion of your current billing period.

5.5 Failed payments

If we are unable to charge your payment method for a renewal, we may suspend access to paid features. If payment is not received within a reasonable period, we may downgrade your account to the free tier and terminate your paid subscription.

6. Promotional codes, referrals and affiliates

6.1 Promotional codes

From time to time we may offer promotional codes that provide discounts or other benefits. Unless otherwise stated, promotional codes:

• are valid only for the period specified;
• are limited to one use per customer;
• cannot be combined with other offers or promotional codes;
• have no cash value and cannot be exchanged for cash;
• are not transferable; and
• may be revoked, cancelled, or invalidated by us where we reasonably suspect misuse, fraud, error, or breach of these Terms, or where required to correct a genuine pricing or technical error.

6.2 Referral program

We may operate a referral program that allows you to refer other people to the Service. The current terms of the referral program (including any rewards) are published on the Service. Unless otherwise stated:

• a referral reward is earned only when the person you refer signs up and becomes a paying subscriber;
• rewards are issued as account credit applied to your next billing cycle, are non-transferable, and have no cash value;
• self-referrals, referrals made through fake or duplicate accounts, and any other abuse of the program will not earn rewards and may result in suspension or termination of your account; and
• we may change, suspend, or end the referral program on reasonable notice, except where immediate action is reasonably necessary to prevent fraud, misuse, legal risk, or technical harm. We may remove rewards not yet redeemed where we reasonably consider they were obtained in breach of these Terms or through fraud, misuse, or error.

6.3 Affiliate program

We may operate an affiliate program through which approved third parties (“Affiliates”) can promote the Service in exchange for commission on qualifying paid conversions. Participation in the affiliate program:

• requires you to apply and be approved by us, in our sole discretion;
• is governed by a separate affiliate agreement that sets out commission rates, attribution windows, payment terms, and other commercial terms;
• requires you to comply with all applicable laws and regulations, including (without limitation) Australian Consumer Law, the Australian Competition and Consumer Commission’s guidance on influencer disclosures, the United States Federal Trade Commission’s endorsement guides, and any equivalent rules in your jurisdiction, including clearly disclosing your affiliate relationship with us when promoting the Service;
• does not permit you to send unsolicited communications (“spam”), make false, misleading, or unsubstantiated claims about the Service, bid on or use our trademarks or brand terms in paid search advertising, or engage in any conduct that could damage our reputation or mislead users;
• does not create any employment, agency, partnership, or joint venture relationship between you and us; and
• may be terminated by us at any time, at our sole discretion, with or without cause, including by removing your tracking link and ceasing to pay commissions on future conversions.

7. Acceptable use

You agree not to do, or attempt to do, any of the following:

• use the Service for any unlawful purpose, or in breach of any applicable law or regulation;
• use the Service to harass, threaten, defame, or harm any person, or to discriminate against any person on the basis of any protected attribute;
• use the Service to generate or distribute content that is false, misleading, fraudulent, defamatory, obscene, sexually explicit (including in any context involving minors), or that infringes the rights of any third party;
• upload or submit content that contains malware, viruses, or other harmful code, or that you do not have the legal right to submit;
• upload or submit personal information about any other identifiable person without their consent;
• interfere with, disrupt, or attempt to gain unauthorised access to the Service, our systems, or any other user’s account;
• reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, model weights, prompts, or underlying technology of the Service, except to the extent this restriction is prohibited by applicable law;
• use the Service to develop, train, fine-tune, evaluate, or benchmark any competing AI model or service;
• scrape, crawl, harvest, or use automated tools to extract data from the Service, except as expressly permitted by us in writing;
• attempt to bypass, exploit, or interfere with any usage limits, paywalls, rate limits, or other technical or commercial restrictions of the Service;
• submit prompts, instructions, or content designed to manipulate, jailbreak, or alter the intended behaviour of the AI system (including by impersonating us or any other person);
• resell, sublicense, lease, rent, or otherwise commercially exploit the Service or any output of the Service, except as expressly permitted under these Terms; or
• use the Service in any way that could damage, disable, overburden, or impair the Service, or interfere with any other party’s use of the Service.

We may investigate any actual or reasonably suspected breach of this section and take proportionate action reasonably necessary in the circumstances, including suspending or terminating your account in accordance with section 13.

8. Your content

8.1 Ownership

You retain ownership of any content you submit to the Service, including (without limitation) resumes, career history, cover letter drafts, job descriptions, personal details, and any other materials you provide (“User Content”).

8.2 Licence to us

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, process, analyse, display, and otherwise use your User Content for the purpose of operating, providing, maintaining, securing, and improving the Service for you. This licence terminates when you delete your content or close your account, except to the extent we are legally required or permitted to retain it under our Privacy Policy.

8.3 AI outputs

As between you and us, you own the outputs generated by the Service for you in response to your inputs (“Outputs”), to the maximum extent permitted by applicable law. You may use Outputs for any lawful purpose, including for your personal job search.

You acknowledge that:

• Outputs are generated by AI and other users may receive the same or substantially similar Outputs in response to similar inputs;
• we make no representation that Outputs are unique to you or capable of protection as your original work, including under copyright law;
• Outputs may be inaccurate, incomplete, or otherwise unsuitable for your purpose, and section 3 applies to your use of them; and
• you are responsible for reviewing Outputs and for any decision to use them, including whether using an Output would breach a third party’s rights or any applicable law (for example, if a recruiter or employer requires disclosure of AI-generated content).

8.4 Aggregated and de-identified data

We may create aggregated, anonymised, or de-identified data derived from your use of the Service and User Content (“Aggregated Data”) and use that Aggregated Data for any lawful purpose, including to operate, analyse, evaluate, improve, and develop the Service, provided that the data does not reasonably identify you.

We will take reasonable steps designed to ensure Aggregated Data does not reasonably identify you. Where data remains personal information under applicable law, we will handle it in accordance with our Privacy Policy and applicable privacy law.

8.5 Your representations about User Content

You represent and warrant that:

• you own or have all necessary rights, licences, and permissions to submit your User Content to the Service and to grant the licence in section 8.2;
• your User Content does not infringe the intellectual property, privacy, publicity, or other rights of any third party; and
• your User Content complies with these Terms, including section 7 (“Acceptable use”).

9. Our intellectual property

The Service, including the Frank Careers website, the Frank AI assistant, our brand names, logos, trademarks, software, designs, text, graphics, user interfaces, system prompts, and all other materials made available through the Service (other than User Content and Outputs) (the “Our Materials”), are owned by us or our licensors and are protected by intellectual property and other laws.

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your own personal job search and career development. This licence ends when these Terms end.

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works of Our Materials, except as expressly permitted by these Terms or by applicable law.

10. Privacy and security

Our Privacy Policy, available at frankcareers.ai/privacy, explains how we collect, use, store, and disclose personal information about you. By using the Service, you acknowledge that you have read our Privacy Policy.

We take security seriously and apply reasonable technical and organisational measures to protect User Content and personal information. However, no system is perfectly secure, and we cannot guarantee that unauthorised access, disclosure, or loss will never occur. You are responsible for keeping your account credentials secure.

Nothing in this section limits any rights or remedies you may have under applicable law in relation to the handling of your personal information.

11. Consumer rights

11.1 Australian consumers

Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled to:

• cancel your service contract with us; and
• a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

11.2 Consumers in other jurisdictions

If you are a consumer in a jurisdiction outside Australia, you may have non-waivable rights under the consumer protection laws of your country of residence. Nothing in these Terms limits or excludes those rights to the extent they cannot lawfully be limited or excluded.

12. Disclaimers and limitation of liability

12.1 Disclaimers

To the maximum extent permitted by applicable law, and subject always to section 11 (“Consumer rights”) and section 12.4 (“Liability that cannot be excluded”):

• the Service is provided “as is” and “as available”, without warranties or representations of any kind, whether express, implied, statutory, or otherwise;
• we expressly disclaim all warranties, including (without limitation) warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade;
• we do not warrant that the Service will be uninterrupted, error-free, secure, free of viruses or harmful components, or that any defects will be corrected; and
• we do not warrant that any Outputs will be accurate, complete, current, suitable for your purpose, or free of errors.

12.2 No professional advice

As stated in section 3, the Service is not a substitute for qualified professional advice. We disclaim all liability arising out of or in connection with any reliance you place on Outputs or any other information made available through the Service.

12.3 Limitation of liability

To the maximum extent permitted by applicable law, and subject always to section 11 and section 12.4:

(a) we are not liable to you for any indirect, incidental, special, consequential, exemplary, or punitive loss or damage, or for any loss of profits, revenue, business, opportunity, goodwill, reputation, or anticipated savings, whether arising in contract, tort (including negligence), under statute, or otherwise, even if we have been advised of the possibility of that loss or damage;

(b) we are not liable to you for any loss of data, corruption of data, or inability to access data to the extent that: (i) the loss arises from your failure to maintain your own copies of User Content or Outputs where it is reasonable for you to do so; (ii) the loss results from your misuse of the Service or breach of these Terms; or (iii) we have made available reasonable tools or functionality for you to export or download your User Content or Outputs before the relevant loss occurs or before termination takes effect; and

(c) our total aggregate liability to you arising out of or in connection with the Service or these Terms, whether in contract, tort (including negligence), under statute, or otherwise, will not exceed the greater of: (i) the total fees actually paid by you to us for the Service in the 12 months immediately preceding the event giving rise to the liability; and (ii) AUD $500.

This section 12.3 does not apply to, and does not limit or exclude liability for: (d) any liability that cannot lawfully be limited or excluded; (e) fraud or fraudulent misrepresentation; or (f) our wilful misconduct.

12.4 Liability that cannot be excluded

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy that you may have under the Australian Consumer Law or other applicable law where it cannot lawfully be excluded, restricted, or modified.

To the extent permitted by section 64A of the Australian Consumer Law, where we are permitted to limit our liability for a failure to comply with a consumer guarantee in relation to services, our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

Nothing in these Terms excludes liability for fraud, fraudulent misrepresentation, or death or personal injury caused by our negligence where liability cannot lawfully be excluded.

13. Suspension and termination

13.1 Termination by you

You may stop using the Service at any time. You may cancel a paid subscription as described in section 5.3, and you may close your account by contacting us at hello@frankcareers.ai. Closing your account ends these Terms as between you and us, subject to section 13.4.

13.2 Termination by us for cause

We may suspend or terminate your access to the Service immediately, without notice, if we reasonably consider that you have:

• breached these Terms, including section 7 (“Acceptable use”);
• engaged in fraud, abuse, or any other unlawful conduct;
• attempted to reverse engineer, scrape, or otherwise interfere with the Service;
• submitted prompts, instructions, or content intended to manipulate, jailbreak, or alter the intended behaviour of the AI system;
• failed to pay fees when due; or
• created a material risk of harm to us, the Service, other users, or any third party.

13.3 Termination by us without cause

We may terminate your access to the Service for convenience by giving you at least 30 days’ prior notice by email.

If you are on a paid subscription and we terminate your access under this section other than because of your breach of these Terms:

(a) you will be entitled to a pro-rata refund of any prepaid fees attributable to the unused portion of your current billing period; and

(b) during the notice period, we will provide you with a reasonable opportunity to access, download, or export your User Content and Outputs using the functionality then available through the Service.

Where reasonably practicable, we will allow your account to remain accessible for the balance of your current billing period. If this is not reasonably practicable for legal, security, technical, or operational reasons, our liability to you will be limited to the pro-rata refund described above, subject to any rights you may have under applicable law.

Termination under this section does not affect any accrued rights or remedies of either party.

13.4 Effect of termination

On termination:

• your right to access and use the Service ends;
• if termination occurs under section 13.3, we will provide any refund required under that section;
• if termination occurs because of your breach of these Terms, no refund is payable except to the extent required by applicable law;
• your User Content and personal information will be handled in accordance with our Privacy Policy, including its retention and deletion provisions; and
• any provisions of these Terms which by their nature are intended to survive termination will survive, including sections 8 (to the extent of any continuing licence to Aggregated Data), 9, 12, 15, 16, and 17.

14. Changes to these Terms and the Service

We may change these Terms from time to time. If we make a material change to these Terms, we will give you at least 30 days’ prior notice before the change takes effect, by email and/or by an in-product notification.

If you do not agree to a material change, you may stop using the Service and cancel your subscription before the change takes effect. Nothing in this section limits any rights or remedies you may have under applicable law, including the Australian Consumer Law.

We may change, add, remove, or discontinue features of the Service from time to time. Where a change materially and adversely reduces the functionality of a paid feature during your current billing period, we will use reasonable efforts to give you advance notice and, if the change has a material adverse effect on you, you may cancel your paid subscription and receive a pro-rata refund or account credit for the unused portion of that billing period.

Nothing in this section prevents us from making changes that are reasonably necessary to address security, safety, legal, regulatory, or technical issues.

15. Governing law and disputes

15.1 Governing law

These Terms are governed by the laws of the State of Victoria, Australia, and the laws of the Commonwealth of Australia applicable in that State. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.2 Jurisdiction

Subject to section 15.3, you and we submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia, and the courts entitled to hear appeals from those courts, in respect of any dispute, claim, or proceeding arising out of or in connection with these Terms or the Service.

15.3 Non-waivable rights of consumers in other jurisdictions

If you are a consumer in a jurisdiction other than Australia, you may be entitled to bring proceedings in the courts of your country of residence, and to rely on mandatory provisions of the law of your country of residence, to the extent those rights cannot be lawfully excluded by these Terms.

15.4 Informal resolution

Before commencing formal proceedings, we ask that you contact us at hello@frankcareers.ai so the parties can try to resolve the dispute informally and in good faith. This section does not prevent either party from seeking urgent interlocutory relief, or from exercising any rights they may have under applicable law.

16. Country-specific provisions

16.1 Users in the United States

If you are accessing the Service from the United States, the following additional provisions apply:

• Federal law and the law of Victoria, Australia, govern these Terms, and you and we submit to the courts of Victoria, Australia, subject to any mandatory consumer protection law of your state of residence that grants you the right to bring proceedings locally.
• Nothing in these Terms is intended to waive any rights you may have under applicable U.S. federal or state consumer protection laws that cannot lawfully be waived.
• If you are a California resident, under California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
• If you become an Affiliate, you agree to comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, including by clearly disclosing your material connection with us.

If there is any inconsistency between this section and any mandatory law that applies to you and cannot be excluded, that mandatory law prevails to the extent of the inconsistency.

16.2 Users in the European Union, United Kingdom, and other regions

If you are accessing the Service from the European Union, the United Kingdom, or any other region with mandatory consumer protection law, the following applies:

• nothing in these Terms excludes, restricts, or modifies any non-waivable consumer right you have under the laws of your country of residence; and
• to the extent the laws of your country of residence apply on a non-waivable basis, those laws prevail over any conflicting provision of these Terms.

We do not currently target or actively market the Service to users in the European Union. We may make the Service available in multiple jurisdictions, but nothing in these Terms is intended to exclude any mandatory rights that apply to consumers under the law of their place of residence.

Where features are launched that involve processing personal data of users in those regions, we will provide additional information about our legal basis for processing and your rights.

17. General

17.1 Entire agreement

These Terms, together with our Privacy Policy and any other terms expressly incorporated by reference, constitute the entire agreement between you and us in relation to the Service, and supersede all prior or contemporaneous agreements, communications, and proposals.

17.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force, and the invalid provision will be replaced by a valid provision that comes closest to the parties’ original intention.

17.3 No waiver

Our failure or delay in exercising any right under these Terms does not constitute a waiver of that right. Any waiver must be in writing.

17.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms (in whole or in part) to any affiliate or successor in connection with a merger, acquisition, corporate restructure, or sale of assets, on notice to you.

17.5 Relationship of the parties

Nothing in these Terms creates any employment, agency, partnership, joint venture, or fiduciary relationship between you and us.

17.6 Force majeure

We will not be liable for any failure or delay in performance that is caused by events outside our reasonable control, including (without limitation) acts of God, war, terrorism, civil unrest, government action, pandemic, fire, flood, earthquake, internet or telecommunications outage, third-party service provider failure, or denial-of-service attack.

17.7 Notices

We may give notices to you by email to the address associated with your account, by in-product notification, or by posting on the Service. You may give notice to us by email to hello@frankcareers.ai.

17.8 Contact

If you have any questions about these Terms or the Service, contact us at hello@frankcareers.ai.