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Terms of Service

JAN (Job Applicant Navigator) — Lopatka Consulting Services LLC
Last Updated: February 18, 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.

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. Proprietary Software and Confidentiality

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

• Confidentiality: You will not share your access credentials, the application URL, or any information about this software's methodology, features, or functionality with anyone without explicit written permission from the Company.
• No Reproduction: You will not copy, reproduce, reverse engineer, decompile, disassemble, or extract the underlying algorithms, scoring logic, or methodology of any part of this application.
• No Derivative Works: You will not create derivative works based on the Service or any of its components.

5. Permitted Use and Restrictions

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

• Submit screening criteria that target candidates based on protected characteristics including, but not limited to, race, color, religion, sex, national origin, age, disability, genetic information, sexual orientation, gender identity, marital status, pregnancy status, salary history, or criminal record.
• Attempt to circumvent JAN's EEOC compliance protections or other safety features.
• Use the Service in any manner that violates applicable federal, state, or local employment laws.
• Use the Service to process resumes without a lawful basis and necessary consent for processing candidate data, including compliance with applicable data privacy regulations such as GDPR where applicable.
• Use automated scripts, bots, or other automated means to access the Service in a manner that exceeds reasonable use or places undue burden on our infrastructure.
• Introduce malicious content, including resumes designed to exploit or manipulate the AI screening process.

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

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:

• Complying with all AEDT laws in your jurisdiction, including bias audit requirements and candidate notification obligations.
• Conducting or commissioning an independent bias audit before using JAN for hiring decisions in jurisdictions where required, such as New York City under Local Law 144.
• Providing required notices to candidates about the use of automated screening tools as required by applicable law.
• Determining whether your use of JAN triggers AEDT compliance obligations in your jurisdiction.

We can provide screening data for independent bias audit purposes upon request. Contact maria@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.

Key data handling terms:

• Standard Screening: Results exist only within your active browser session. Once you close or navigate away from the results page, all screening results and candidate data are permanently gone. You may download, email, or print results during your session.
• Enterprise Screening: Results are retained for 14 days from submission, after which all candidate data is automatically and permanently deleted.
• Third-Party Processing: Anonymized resume text is sent to Anthropic's Claude API for evaluation. Anthropic deletes API inputs and outputs within 30 days and does not use API data for model training.

9. Beta Access

If you are using JAN under a beta or trial arrangement, you acknowledge that:

• Beta access is provided at no cost for evaluation and testing purposes.
• Beta access may be modified, suspended, or terminated at any time without notice.
• Features, functionality, and performance may change during the beta period.
• Uptime and availability are not guaranteed during the beta period.
• Transition to a paid plan may be required to continue using the Service after the beta period ends. We will provide reasonable notice before any such transition.

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

• Monthly Plans: You are billed on a recurring monthly basis starting on the date you subscribe. Each billing cycle renews automatically on the same day each month.
• Annual Plans: You are billed once per year at the annual rate displayed at the time of purchase. Annual plans reflect a discounted monthly rate compared to monthly billing. The annual amount is charged in full at the start of each annual billing cycle.
• You authorize us to charge your designated payment method for all fees associated with your plan, including recurring charges on each renewal date.

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

• You may cancel your subscription at any time through the billing portal accessible within your account or by contacting us at maria@lopatkacs.com.
• Cancellation takes effect at the end of your current billing period. You will retain full access to the Service until your current paid period expires.
• After your paid period expires, your account will revert to the free tier with reduced usage limits.

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:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any applicable law, including employment discrimination laws.
• Any employment decisions you make based on JAN's screening results.
• Your failure to comply with AEDT laws, bias audit requirements, or candidate notification obligations in your jurisdiction.

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 maria@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 Confidentiality, 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") in accordance with its 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: For claims where the total amount in dispute is less than $10,000, the Company will pay all AAA filing fees and arbitrator fees. For claims above $10,000, filing fees and arbitrator fees shall be allocated in accordance with the AAA's Commercial Arbitration Rules.

Notwithstanding the above:

• Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or enforce confidentiality obligations.
• Claims that qualify for small claims court may be brought in small claims court in New York County, New York, in lieu of arbitration.

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

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.

19. Contact Us

Lopatka Consulting Services LLC
Email: maria@lopatkacs.com
Website: lopatkacs.com