Welcome! The Kizuna Candidate Portal (the “Portal”) lets you view status information, upload documents or statements, and use features like Candidate Context to share information with the company considering you for a role (the “Employer”).

By accessing or using the Portal, you agree to these Candidate Portal Terms of Service (the “Terms”). If you do not agree, do not use the Portal.

Plain language: Kizuna provides software the Employer uses to manage background-check reviews and related workflows. We are not the Employer and not the background-check company (Consumer Reporting Agency). You control what you submit to Kizuna and are responsible for its accuracy.

1. Kizuna’s Role (Not a CRA; Not the Employer)

1.1 Software provider only. Kizuna Solutions Inc. (“Kizuna,” “we,” “us”) provides workflow and decision-support software used by Employers and their service providers. We host the Portal on the Employer’s behalf.

1.2 Not the hiring company. We are not your Employer or potential Employer. We do not set job requirements, conduct interviews, or make any hiring, engagement, promotion, termination, or similar decisions.

1.3 Not a Consumer Reporting Agency. We are not a “consumer reporting agency” or “CRA” under the Fair Credit Reporting Act (FCRA) or similar laws. We do not compile or furnish background reports or credit reports on you, and we do not control the contents of such reports.

1.4 Who created your report. If a background report was used in your hiring process, it was prepared by a third-party CRA chosen by the Employer (for example, Checkr, Sterling, First Advantage, or another provider). Questions or disputes about the accuracy or completeness of that report must go to the CRA or, where applicable, the Employer (see Section 6).

1.5 Relationship with the Employer. The Employer has a separate agreement with Kizuna governing its use of Kizuna’s services. These Terms apply only to your use of the Portal and do not change the Employer’s obligations to you under any other agreements, notices, or laws. The Employer (and any Consumer Reporting Agencies it utilizes) remains solely responsible for:

• providing any required background-check disclosures and authorizations;

• obtaining any consents needed to invite you to use the Portal; and

• complying with the Fair Credit Reporting Act (FCRA) and similar laws in connection with any background reports or hiring decisions.
  
  

1.6 No legal advice. Kizuna does not provide legal, employment, or financial advice. Nothing in the Portal is a substitute for advice from your own lawyer or advisor.

2. Your Account & Access

2.1 Access methods. You may access the Portal using secure links, passcodes, or login credentials provided by Kizuna or the Employer. You must keep this access information confidential and not share it with others.

2.2 Responsibility for use. You are responsible for all activity that occurs using your access to the Portal. If you believe your access link or device has been compromised, you should notify the Employer and/or Kizuna at the contact details below.

2.3 No guarantee of availability. The Portal is provided on an “as available” basis and may be updated, limited, or discontinued at any time, including at the Employer’s request.

3. Your Submissions & License to Use Them

3.1 You own your content. You retain ownership of the documents, text, images, and other content you submit through the Portal (for example, explanations, rehabilitation letters, certificates, supporting documents) (“Candidate Content”).

3.2 License to Kizuna and Employer. You grant Kizuna, the Employer, and the Employer’s service providers a non-exclusive, worldwide, royalty-free license to host, process, store, reproduce, display, and otherwise use Candidate Content solely to:

• evaluate your candidacy

• manage the Employer’s hiring or engagement process,

• comply with legal requirements, and

• maintain related records (for example, adverse-action documentation or audit logs).
  
  

3.3 Your promises about Candidate Content. You represent and warrant that:

• Candidate Content is accurate to the best of your knowledge;

• you have the right to provide it and to grant the rights above; and

• it does not violate any applicable law or infringe anyone else’s rights (for example, privacy, copyright, or other intellectual-property rights).
  
  

3.4 No obligation to retain or review. Neither Kizuna nor the Employer is obligated to retain Candidate Content indefinitely or to review every submission. The Employer decides how Candidate Content is used in its process.

4. “AI Assistant” Features (If Offered)

4.1 Drafting aids only. The Portal may offer optional AI-powered features (for example, to help outline a statement, suggest language, or summarize a document). These tools can make mistakes, may omit important context, and may not reflect your actual circumstances. For more detail on how Kizuna uses AI and automated tools in its products, you may review our AI Use & Transparency Notice at https://kizuna.solutions/legal/ai-notice (intended primarily for Employers and HR professionals).

4.2 You are responsible for the final text. You must review, edit, and approve any suggested text before you submit it. When you submit content generated or assisted by AI features, you confirm that:

• the final content is your statement; and

• it is accurate to the best of your knowledge.
  
  
  

4.3 No reliance on AI for legal decisions. AI features are not a substitute for your own judgment or for legal or other professional advice.

5. No Independent Verification; No Promises About Decisions

5.1 No verification of submissions. Kizuna does not independently verify the truth, authenticity, or completeness of Candidate Content.

5.2 Employer controls outcomes. The Employer, not Kizuna, controls:

• whether and how your Candidate Content is reviewed;

• how much weight it receives; and

• all final decisions about your application or continued engagement.
  
  
  

5.3 No guarantees. Uploading Candidate Content, using the Portal, or using any AI features does not guarantee any particular outcome (for example, being hired, retained, or given a second review).

6. Disputes About Background Reports

6.1 Direct disputes to the CRA or Employer. If you believe that information in your background report is inaccurate, incomplete, or outdated, you must contact:

• the CRA that prepared the report (using the contact information provided on your report or disclosure forms), and/or

• the Employer, if you have questions about how the Employer uses the report.
  
  

The CRA is responsible for handling disputes and reinvestigations under the FCRA or similar laws. Requests about how your personal information is collected, used, or shared more generally (for example, privacy or data-protection rights under state law) should follow the instructions in the Kizuna Privacy Policy and any privacy notices the Employer provides to you

6.2 Kizuna cannot change source data. Kizuna cannot:

• correct or delete court records;

• change the contents of a CRA report; or

• override the Employer’s hiring policies.
  
  

6.3 Display or parsing errors. If the Portal appears to display a background report incorrectly (for example, formatting or labeling errors compared to the underlying CRA report), you may notify Kizuna using the contact information below. Kizuna’s review is limited to whether the Portal correctly reflects the source data provided by the CRA or Employer. Any corrections to the source report itself must still be handled through the CRA.

7. Acceptable Use

You agree that you will not:

• upload content that is unlawful, harassing, hateful, defamatory, fraudulent, or otherwise objectionable;

• upload malware or attempt to damage, disrupt, or interfere with the Portal or its security;

• attempt to access accounts, reports, or records that are not about you;

• attempt to reverse engineer, decompile, or otherwise gain unauthorized access to the Portal’s code or underlying systems; or

• use the Portal to violate any law, court order, or third-party rights.
  
  

Kizuna may suspend or terminate your access to the Portal if we reasonably believe you have violated these requirements or if the Employer directs us to do so.

8. Privacy & Security

8.1 Privacy Policy. Your use of the Portal is also governed by the Kizuna Privacy Policy, available at http://www.kizuna.solutions/legal/privacy. Please review the “Privacy for Candidates” section to understand:

• what Candidate data we process;

• how we process it on behalf of the Employer; and

• how to exercise any privacy rights you may have.
  
  

  Note: If you are a California resident, you can also review our California Data Privacy Notice at https://kizuna.solutions/california-data-notice, which summarizes the categories of personal information we collect and our purposes for using and disclosing it under California law.
  
  

8.2 Data roles. When processing Candidate Data in the Portal, Kizuna generally acts as a processor/service provider to the Employer, who is the controller/business. The Employer’s privacy notices and authorization forms also apply. Where we act as a processor/service provider, we will assist the Employer in responding to privacy or data-protection requests relating to Candidate Data, but we may not be able to respond directly to you in all cases

A high-level description of certain automated tools in the Kizuna platform is also available in our AI Use & Transparency Notice at https://kizuna.solutions/legal/ai-notice.

8.3 Security measures. We use reasonable technical and organizational safeguards (for example, encryption in transit and at rest, access controls, and logging) designed to protect data processed by the Portal. No online system is perfectly secure; you should help protect your information by securing your device, using strong authentication methods where offered, and not sharing your access link or credentials.

9. Electronic Communications & E-Signatures

9.1 Electronic communications. By using the Portal, you agree that Kizuna and/or the Employer may provide notices and communications to you electronically (for example, via email or in-Portal messages) where permitted by law.

9.2 Electronic signatures. If you click a button or check a box labeled “I agree,” “I consent,” “I acknowledge,” or similar, you agree that this action constitutes your electronic signature and has the same legal effect as a handwritten signature, to the extent allowed by law.

10. Warranties & Disclaimers

10.1 No warranties. THE PORTAL, AND ANY INFORMATION DISPLAYED IN IT, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, KIZUNA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

10.2 No control over Employer or CRA. KIZUNA DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR:

• THE EMPLOYER’S DECISIONS OR POLICIES;

• THE CONTENT OF ANY BACKGROUND REPORT PREPARED BY A CRA; OR

• HOW THE EMPLOYER OR CRA USE YOUR INFORMATION.
  
  

10.3 Local rights. Some jurisdictions do not allow certain disclaimers; if those laws apply to you, some of the disclaimers above may not apply, and you may have additional rights.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

11.1 No indirect damages. KIZUNA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF OPPORTUNITY, PROFITS, OR DATA, ARISING OUT OF OR RELATING TO THE PORTAL OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on direct damages. KIZUNA’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PORTAL OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

11.3 Exceptions. Nothing in these Terms limits liability that cannot be limited under applicable law (for example, certain claims involving fraud or willful misconduct).

12. Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

12.1 Agreement to arbitrate. You and Kizuna agree that any dispute or claim arising out of or relating to these Terms or your use of the Portal will be resolved by binding arbitration on an individual basis, rather than in court, except as described below.

12.2 No class actions. YOU AND KIZUNA 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.

12.3 Rules and forum. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by this Section 12. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this arbitration agreement. Arbitration will take place in San Francisco, California, or by video conference if the arbitrator permits.

12.4 Small claims court. Either you or Kizuna may bring an individual claim in small-claims court instead of arbitration, if the claim qualifies.

12.5 Injunctive relief. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect confidential information or intellectual-property rights, pending a final decision by the arbitrator.

12.6 Public injunctive relief (California). To the extent required by law, nothing in this Section prevents you from seeking public injunctive relief in a court of competent jurisdiction.

12.7 Opt-out right. You may opt out of this arbitration agreement by emailing legal@kizuna.solutions with the subject line “Arbitration Opt-Out – Candidate Portal” and your full name within 30 days after you first accept these Terms. If you opt out, you will still be bound by the rest of the Terms, but disputes will not be subject to mandatory arbitration under this Section.

13. Governing Law; Venue

13.1 Governing law. These Terms are governed by the laws of the State of Delaware and applicable U.S. federal law (including the FAA), without regard to its conflict-of-law rules.

13.2 Venue for non-arbitrable claims. For any claim that is not subject to arbitration (for example, if you opt out, or to the extent a claim may be brought in court under Section 12), the exclusive venue will be the state or federal courts located in San Francisco County, California, and you and Kizuna consent to the personal jurisdiction of those courts.

14. Changes; Termination

14.1 Changes to the Portal or Terms. We may update or modify the Portal and these Terms from time to time. If we make material changes to these Terms, we will update the “Effective Date” above and may provide additional notice (for example, in the Portal). If you continue to use the Portal after changes become effective, you accept the revised Terms.

14.2 Suspension or termination. We may suspend or terminate your access to the Portal at any time, including at the Employer’s request or if we reasonably believe you have violated these Terms or misused the Portal.

14.3 Effect of termination. Even if your access to the Portal ends, these Sections will continue to apply: 1 (Kizuna’s Role), 3 (Your Submissions & License), 5–6, 8–13, and any other provisions that by their nature should survive.

15. Contact

If you have questions about these Terms or the Portal, you may contact:

Kizuna Solutions Inc.
Email: support@kizuna.solutions
Legal: legal@kizuna.solutions

You may also need to contact your Employer or the relevant CRA directly for questions about hiring decisions or the contents of your background report.