Terms of Service

1. Introduction; Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and DestinyX Studios, LLC (“Oppli,” “we,” “us,” or “our”) governing your access to and use of the Oppli websites, mobile applications, and related services that link to these Terms (collectively, the “Service”). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accessing or using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization, and “you” refers to that organization.

If you do not agree to these Terms, do not access or use the Service. You may not use the Service where prohibited by applicable law.

2. Definitions

• Account means a registered profile used to access certain features of the Service.
• Customer Data means information you or your authorized users submit to the Service, including resumes, profile data, preferences, documents, and messages.
• Output means content generated by AI or other automated features of the Service in response to your prompts or inputs.
• User Content means any content you upload, post, submit, or otherwise make available through the Service, including Customer Data.
• Service Data means data generated by the operation of the Service (e.g., diagnostics, usage analytics, logs, performance metrics).
• Confidential Information has the meaning set forth below.

3. Description of Service

Oppli is an AI‑enabled job discovery and application assistant that analyzes resumes and job descriptions to provide suggested matches, PlugScore™ rankings, and optional automated application tooling. Features may evolve or be modified, suspended, or discontinued at any time, with or without notice, subject to these Terms.

The Service is not an employment agency, recruiting firm, or legal advisor, and we do not guarantee interviews, job offers, or outcomes. You are solely responsible for the accuracy, legality, and appropriateness of your submissions and for decisions you make using the Service.

Service Purpose; Time‑Saving Automation

Oppli’s core function is to reduce the time and friction associated with discovering roles and completing repetitive application steps. We generate suggested matches, prepare application materials, and, when enabled by you, submit applications on your behalf to third‑party sites. The Service facilitates your applications; it does not guarantee interviews, offers, specific outcomes, or responses from any employer or platform. You remain solely responsible for the accuracy, legality, and appropriateness of all information submitted in or with your applications, including resumes, questionnaires, and attestations.

4. Eligibility; Accounts; Authorized Users

You must be at least 18 years of age and capable of forming a binding contract to use the Service. You agree to provide accurate, current, and complete information during registration and to keep such information up to date. You are responsible for all activities that occur under your Account, including by anyone you authorize to use it. You must maintain the confidentiality of your credentials and promptly notify us of any suspected compromise or unauthorized use.

Age and Capacity. You must be at least 18 years old because use of the Service may involve granting Oppli limited authority to act on your instructions (including agreeing to third‑party terms, acknowledging policies, and submitting electronic forms) and providing legally binding consents. By creating an Account, you represent and warrant that you have full legal capacity to authorize such actions and to be bound by resulting agreements.

4A. Limited Agency; Application Submission Authorization; E‑Signature Consent

Limited Agency. To the extent you enable features that submit applications or perform acceptance clicks on third‑party sites (including Auto‑Apply, queue processing, or similar), you appoint Oppli to act as your limited agent solely for the purpose of carrying out the specific, user‑initiated instructions you provide within the Service (for example, submitting forms, clicking “I agree,” uploading your resume or cover letter, and acknowledging site‑specific terms where required). This agency is limited in scope, revocable at any time by disabling such features, and does not create any employment, partnership, fiduciary, or general agency relationship.

Your Content; Truthfulness. You remain the originator of all information submitted in applications. You are responsible for ensuring that all statements, attestations, and documents are accurate and lawful. Oppli does not verify the truthfulness of your submissions and is not responsible for employer or platform decisions based on them.

Third‑Party Terms Acceptance. You authorize Oppli, acting on your instructions, to indicate assent on your behalf to third‑party clickwrap or browser‑wrap terms that are necessary to complete an application flow, provided that such assent is confined to the act of submission and does not include agreeing to terms unrelated to the application (such as paid add‑ons) unless you expressly direct otherwise in the Service.

Electronic Signatures and Records. You consent to the use of electronic signatures and electronic records in connection with application submissions, acknowledgements, and consents performed through the Service, and agree that such electronic actions have the same legal effect as a handwritten signature to the fullest extent permitted by applicable law (including the U.S. E‑SIGN Act and the Uniform Electronic Transactions Act).

Revocation. You may revoke Oppli’s limited authority at any time by disabling Auto‑Apply or related features in your Account settings. Revocation will not affect submissions already made in accordance with your prior instructions.

5. Subscriptions; Free Trials; Fees; Taxes; Billing

Certain features require payment of subscription or usage‑based fees (collectively, “Fees”). Fees are billed in advance on a recurring basis unless otherwise specified. By initiating a paid plan, you authorize us and our payment processor to charge your designated payment method for all Fees, applicable taxes, and any overages. Except where required by law, Fees are non‑refundable and non‑creditable. We may modify pricing with notice effective at the start of the next billing cycle.

If offered, free trials or promotional plans convert to paid subscriptions at the end of the stated period unless you cancel before the conversion date. You are responsible for all taxes, duties, and similar governmental assessments associated with your purchases, excluding taxes on our income. You agree not to initiate chargebacks without first attempting to resolve billing issues with us in good faith.

6. License; Reservation of Rights

Subject to your compliance with these Terms and timely payment of applicable Fees, we grant you a limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable license to access and use the Service solely for your internal personal or business purposes. We and our licensors reserve all rights not expressly granted herein. The Service, including all software, interfaces, models, templates, visual designs, and documentation, is licensed, not sold.

7. User Content; Customer Data; Feedback

As between you and Oppli, you retain all rights in User Content and Customer Data. You grant Oppli a worldwide, non‑exclusive, royalty‑free license to host, process, transmit, display, and otherwise use your User Content and Customer Data solely to provide and improve the Service, comply with law, and prevent harm. You represent and warrant that you have all rights necessary to submit User Content and Customer Data and to grant the foregoing license.

If you provide ideas, proposals, or suggestions (“Feedback”), you grant Oppli a perpetual, irrevocable, worldwide, royalty‑free license to use and exploit such Feedback without restriction or obligation to you.

8. AI Features; Outputs; Usage Restrictions

The Service may use machine learning and third‑party model providers to generate Outputs. Outputs may be inaccurate, incomplete, or otherwise unsuitable for your use case. You are solely responsible for reviewing Outputs and for any decisions or actions taken based on them. DO NOT rely on Outputs where errors could cause harm, including in medical, legal, financial, immigration, housing, credit, or employment eligibility decisions.

• You will not use the Service to discriminate or to make adverse decisions about individuals in violation of applicable laws (including anti‑discrimination, equal opportunity, or fair credit reporting laws).
• You will not input content that infringes or violates third‑party rights or applicable law.
• You will not attempt to extract training data, underlying models, or hidden parameters from the Service.

9. Acceptable Use; Prohibited Conduct

You will not, and will not authorize others to: (a) reverse engineer, decompile, or attempt to derive the source code or underlying models; (b) circumvent or violate any security or technical restrictions; (c) access the Service via automated means (including scraping, crawling, data mining, or bulk harvesting) except through documented APIs subject to our express written consent; (d) copy, frame, or mirror any part of the Service; (e) use the Service to build a competing product or to benchmark for competitive purposes; (f) interfere with or disrupt the integrity or performance of the Service; (g) upload malware or harmful code; (h) send spam or unsolicited communications via the Service; (i) misrepresent your identity or affiliation; or (j) use the Service in violation of any law, regulation, or rights of others.

10. Intellectual Property; DMCA

The Service and all materials therein, including but not limited to software, models, interfaces, designs, text, graphics, logos, and trademarks, are owned by Oppli or its licensors and are protected by intellectual property laws. Except for the limited license expressly granted herein, no rights are granted to you.

If you believe content on the Service infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512) to our designated agent at legal@destinyxstudios.com with the information required by §512(c)(3). We may remove content and terminate repeat infringers in appropriate circumstances.

11. Confidentiality

“Confidential Information” means non‑public information disclosed by a party that is designated as confidential or that reasonably should be understood to be confidential, including product plans, security information, and business or technical information. The receiving party will use Confidential Information solely to exercise its rights and fulfill its obligations under these Terms and will protect it using at least reasonable care. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was lawfully known to the receiving party, was independently developed without use of the disclosing party’s information, or was lawfully obtained from a third party.

12. Privacy; Data Security; Processing

Our collection and use of personal data is described in the Oppli Privacy Policy. We implement commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data. No method of transmission or storage is fully secure, and we disclaim liability for security incidents to the maximum extent permitted by law. If a data processing addendum is required by law or agreement, its terms will govern with respect to the processing of personal data.

13. Third‑Party Services; Open Source

The Service may interoperate with or include third‑party services, models, libraries, or open‑source components subject to separate terms. We are not responsible for such third‑party services and do not control their availability or performance. Your use of third‑party services is at your own risk and may require acceptance of additional terms.

14. Export; Sanctions; Government Rights

You represent that you are not located in, under the control of, or a national or resident of any country or entity embargoed by the United States or other applicable jurisdictions, and you will not export or re‑export the Service in violation of export control or sanctions laws. If you are a U.S. Government end user, the Service is provided as “Commercial Computer Software” with only those rights as set forth in these Terms pursuant to FAR 12.212 and DFARS 227.7202.

15. Termination; Suspension; Effect

We may suspend or terminate your access to the Service immediately for breach of these Terms, suspected fraudulent or unlawful activity, to protect the Service, or as required by law. You may terminate your subscription by following the instructions in your Account. Upon termination, your license to use the Service ceases and we may delete or disable access to Customer Data after a reasonable period, except where retention is required by law. Sections that by their nature should survive termination will survive.

16. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE, OR THAT DEFECTS WILL BE CORRECTED.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OPPLI OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPPLI’S TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO OPPLI FOR THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.

18. Indemnification

You will defend, indemnify, and hold harmless Oppli and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your User Content or Customer Data; (b) your use of the Service; (c) your breach of these Terms; or (d) your violation of law or third‑party rights.

19. Governing Law; Arbitration; Class‑Action Waiver

These Terms are governed by the laws of the State of California, without regard to its conflict‑of‑laws principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules. Arbitration will be conducted in San Francisco, California, or remotely by video conference, in the English language. Judgment on the award may be entered in any court of competent jurisdiction.

YOU AND OPPLI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.

You may opt out of this arbitration agreement by sending written notice to legal@destinyxstudios.com within thirty (30) days of first accepting these Terms. If you do not opt out, this arbitration provision is irrevocable. Nothing prevents either party from seeking provisional or injunctive relief in a court of competent jurisdiction to prevent irreparable harm.

20. Changes to Terms

We may modify these Terms at any time. If we make material changes, we will provide notice by posting an update to this page and updating the “Last updated” date above or by other reasonable means. Your continued use of the Service after the effective date of any changes constitutes acceptance of the revised Terms.

21. Miscellaneous

These Terms constitute the entire agreement between you and Oppli with respect to the Service and supersede all prior or contemporaneous understandings. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms without restriction. The parties are independent contractors. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver. Force majeure events (including outages, labor disputes, acts of God, or governmental actions) excuse performance to the extent impacted. Headings are for convenience only.

22. Notices; Contact Information

All legal notices to Oppli must be sent via email to legal@destinyxstudios.com and by mail to: DestinyX Studios, LLC, Attn: Legal, San Jose, CA 95112, USA. Notices to you may be provided through the Service, by email to the address associated with your Account, or by posting to our website.