Kizuna Candidate Portal and Candidate Services Terms of Use

By accessing or using the Portal, you agree to these Candidate Portal and Candidate Services Terms of Use (the "Terms"). If you do not agree, do not use the Portal.

Plain language: Kizuna provides workflow software used by Employers and their providers to manage background-check review processes and related candidate interactions. Kizuna is not your Employer, not the background-check company, and not the decision-maker. You control what you submit through the Portal, and you are responsible for the accuracy and appropriateness of what you choose to provide.

1. Kizuna's Role

1.1 Software provider only.

Kizuna Solutions Inc. ("Kizuna," "we," "us") provides workflow and candidate-facing software features used by Employers and, in some cases, their service providers. We make the Portal available in connection with the Employer's hiring, engagement, or compliance workflow.

1.2 Not the Employer or decision-maker.

We are not your current or prospective Employer. We do not set job requirements, conduct interviews, determine qualifications, weigh your submissions, or make hiring, engagement, retention, 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 create, modify, or furnish background reports, credit reports, or other consumer reports about you, and we do not control the contents of those reports.

1.4 Source reports come from others.

If a background report is used in your hiring or engagement process, it is prepared and furnished by a third-party CRA or other provider selected by the Employer. The CRA or provider, and where applicable the Employer, is responsible for the contents of that report and for handling any disputes, reinvestigations, or corrections relating to the source report.

1.5 Not your representative or advisor.

Kizuna is not your legal representative, employment advisor, financial advisor, or advocate. Nothing in the Portal or these Terms is legal, employment, or financial advice.

1.6 Your submissions are part of the Employer's workflow.

If you upload documents, explanations, or other information through the Portal, Kizuna generally processes and makes that information available within the Employer's workflow and on the Employer's behalf, subject to the Employer's instructions and applicable law.

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 Availability and scope may change.

The Portal is provided on an "as available" basis and may be updated, limited, suspended, or discontinued at any time, including at the Employer's request or if a feature is removed, disabled, or replaced.

2.4 No promise of review or response.

Kizuna does not promise that the Employer, CRA, or any service provider will review, respond to, or act on any submission within a particular time, or at all. The Employer controls its own process and timing, subject to applicable law.

3. Your Submissions; Permissions; Content Rules

3.1 Candidate Content.

"Candidate Content" means the documents, text, images, statements, explanations, rehabilitation materials, certificates, or other information you submit through the Portal. You retain ownership of your Candidate Content.

3.2 Permission to process and share within the workflow.

You grant Kizuna a non-exclusive, worldwide, royalty-free license to host, process, store, reproduce, display, transmit, and otherwise use Candidate Content, and to make it available to the Employer and the Employer's relevant service providers, solely to:

• operate the Portal and related workflow features;
• support the Employer's review, hiring, engagement, or compliance process;
• respond to technical or workflow issues;
• comply with legal obligations; and
• maintain related records, logs, and audit documentation.

3.3 Your promises about Candidate Content.

You represent and warrant that, to the best of your knowledge:

• your Candidate Content is accurate and not misleading;
• you have the right to provide it and to grant the permissions described in these Terms; and
• your Candidate Content does not violate applicable law or infringe another person's privacy, confidentiality, intellectual property, or other rights.

3.4 Do not upload unnecessary or third-party sensitive data.

Unless specifically requested through the Portal, you agree not to upload:

• full Social Security numbers, bank account numbers, payment card details, or passport numbers;
• medical records or detailed health information;
• information about another person that you are not authorized to disclose; or
• unlawful, harassing, defamatory, fraudulent, hateful, or malicious material.

3.5 No obligation to retain or review.

Neither Kizuna nor the Employer is obligated to retain Candidate Content for any specific period or to review every submission. The Employer decides whether, when, and how Candidate Content is used in its process, subject to applicable law.

4. Optional Drafting and Automation Features (If Offered)

4.1 Drafting and workflow aids only.

The Portal may offer optional features that help you draft, organize, summarize, or format your submission or otherwise assist with workflow steps. These features may use automated tools, templates, or model-assisted processing. They can make mistakes, omit important context, or produce content that does not reflect your actual circumstances.

4.2 You are responsible for what you submit.

You must review, edit, and approve any suggested or generated content before submitting it. If you submit content that was generated or assisted by an automated feature, you confirm that the final content is your statement and is accurate to the best of your knowledge.

4.3 No decision-making by Kizuna.

Optional drafting or automation features do not make decisions about your candidacy, do not determine how the Employer will evaluate your submission, and 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 and CRA control outcomes and source data.

The Employer, and where applicable the CRA or other report provider, control whether and how your submission is reviewed, how much weight it receives, whether any source-report dispute is accepted or reinvestigated, and all final decisions about your application, engagement, or continued relationship.

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. Report Disputes, Corrections, and Display Issues

6.1 Source-report disputes must go to the CRA or Employer.

If you believe information in a background report or other source record is inaccurate, incomplete, or outdated, you must contact the CRA or other provider that prepared the report and/or the Employer, using the instructions provided in your disclosure forms, report materials, or employer communications.

6.2 Kizuna does not handle report disputes.

Kizuna does not receive, investigate, adjudicate, or resolve disputes or reinvestigations about the contents of a background report or other source record. Kizuna also cannot override the Employer's policies or decisions.

6.3 Kizuna cannot change source data.

Kizuna cannot correct or delete court records, change the contents of a CRA report, or independently alter source data furnished by the Employer, CRA, or other provider.

6.4 Display or parsing issues.

If the Portal appears to display or label information incorrectly when compared to the underlying report or source material, you may notify Kizuna using the contact details below. Kizuna's review in that case is limited to whether the Portal is correctly reflecting the source data made available to it. Any correction to the source report itself must still be handled through the CRA or other provider, and where applicable the Employer.

7. Acceptable Use

You agree that you will not misuse the Portal or submit content through it in a way that is unlawful, misleading, invasive of another person's rights, or unrelated to the Employer's requested workflow.

Additionally, you agree that you will not:

• upload content that is unlawful, harassing, hateful, defamatory, fraudulent, or otherwise objectionable;
• submit another person's background records, account access details, or confidential information unless you are authorized to do so and the Portal specifically asks for it;
• 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: /legal/privacy.

8.2 Kizuna's data role.

When the Portal is used to collect, route, store, or display Candidate Content or related candidate-facing workflow data for an Employer, Kizuna generally acts as a processor or service provider on the Employer's behalf. The Employer is generally responsible for providing required notices, establishing the lawful basis for processing, and deciding how submitted information is used in its workflow.

8.3 Requests about your data.

If you have a request concerning access to, deletion of, or correction of Candidate Content or related workflow data, you may contact the Employer first. If your request concerns the accuracy or completeness of a background report or other source record furnished by a CRA or provider, the Employer or that CRA/provider is responsible for handling the request. If Kizuna receives such a request directly, we may direct you to the Employer or the originating CRA/provider, as appropriate.

8.4 Security measures.

Kizuna uses reasonable technical and organizational safeguards designed to protect information processed through the Portal. No online system is perfectly secure. You are responsible for protecting your device, access link, passcode, and login credentials and for notifying the Employer and/or Kizuna if you believe they have been compromised.

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. THIS SECTION APPLIES ONLY TO DISPUTES BETWEEN YOU AND KIZUNA AND DOES NOT GOVERN ANY DISPUTE YOU MAY HAVE WITH THE EMPLOYER, A CRA, OR ANY OTHER THIRD PARTY.

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" 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.

Short FAQs (Informative Only)

• Can Kizuna fix an error in my background report? No. Only the CRA that created the report (and, in some cases, the Employer) can change it. Use the dispute instructions on your report or disclosure forms.
• Will the Employer read what I upload? The Employer controls its own process. Kizuna hosts your content and makes it available to the Employer; we cannot guarantee if or how it is reviewed.
• Do I have to use the AI writing helper? No. It's optional. If you choose to use it, you must review the suggested text and submit only what is accurate and appropriate for you.
• Is Kizuna deciding whether I get hired or whether my report is acceptable? No. Kizuna provides the Portal and related workflow software. The Employer decides how to use your submission, and the CRA or other provider is responsible for the contents of the underlying background report.