Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website thepunchcard.ai and the Punchcard service provided by Punchcard LLC ("Punchcard," "we," "us," or "our"), a hiring and recruiting platform with an AI phone assistant ("Amber") based in Phoenix, Arizona, USA. Please read them carefully.

1. Acceptance of terms

By creating an account, accessing, or using the Punchcard service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the service.

2. Description of service

Punchcard is a hiring and recruiting platform with an AI phone assistant ("Amber"). Job seekers apply to hourly roles through Punchcard; Punchcard contacts those applicants by call and text about their application, and helps employers screen and interview applicants and prepare onboarding paperwork. Hiring decisions remain solely the employer's. We may add, change, or remove features over time.

3. Accounts and eligibility

You must be at least 18 years old and able to form a binding contract to use Punchcard. You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of your account credentials, and for all activity under your account.

4. Acceptable use

You agree not to misuse the service, including by: using it for unlawful, deceptive, or fraudulent purposes; sending unauthorized or unsolicited messages; infringing others' rights; attempting to disrupt or reverse-engineer the service; or using it in a way that violates applicable telecommunications, messaging, or privacy laws. You are responsible for obtaining any consents required to record calls or message individuals through Punchcard.

5. Payment and subscription

Punchcard is offered at $49 per month, flat, billed per store, with no per-minute usage charges. Fees are charged in advance on a recurring basis and, except where required by law, are non-refundable. You authorize us to charge your payment method for all applicable fees. You may cancel at any time; cancellation stops future renewals, and the service continues through the end of the current billing period. We may change pricing on prospective notice.

6. SMS and communications consent

If you apply to a job through Punchcard and opt in, you consent to receive transactional text messages from Punchcard about your application — for example, application-received confirmations, application status updates, and interview invitations and reminders (the Punchcard hiring notifications program). Message frequency varies, and message and data rates may apply. You can opt out at any time by replying STOP and get help by replying HELP. Opting in is optional and is not a condition of applying or being considered for any job. See our Privacy Policy for details, including our commitment that mobile / SMS opt-in data is never sold or shared with third parties for marketing.

7. Intellectual property

The Punchcard service, including its software, branding, and content, is owned by Punchcard LLC and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the service in accordance with these Terms. You retain rights to your own business data.

8. Disclaimers

The service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that messages or calls will always be delivered on time.

9. Limitation of liability

To the maximum extent permitted by law, Punchcard LLC and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, or data, arising out of or related to your use of the service. Our total liability for any claim will not exceed the amount you paid to Punchcard in the three (3) months preceding the event giving rise to the claim.

10. Indemnification

You agree to indemnify and hold harmless Punchcard LLC and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the service, your content, or your violation of these Terms or applicable law.

11. Governing law

These Terms are governed by the laws of the State of Arizona, USA, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona for any disputes not subject to arbitration.

12. Changes to these terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the service after changes take effect constitutes acceptance of the updated Terms.

13. Contact us

Punchcard LLC · Phoenix, Arizona, USA
Email: support@thepunchcard.ai
Web: thepunchcard.ai