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Smart Career System

Terms & Conditions for Members

Draft note: This document was drafted for review by a Florida-licensed attorney (and local counsel in each target country); it must not be published in production without that review and approval. Bracketed items are placeholders to be confirmed.

In short

Terms (EN)

Definitions. In these documents: "Member" is a person using Smart Career System for their career development, on their own or invited by a client; "Client" is the company or organisation that purchases programs for its members; "Contact" is a person working at the client who takes part in the hiring/contracting process (e.g., HR, procurement, finance); a contact may also take part as a member, in which case their coaching data is as confidential as any member's, including towards the rest of the client; "Coach" is an independent professional enabled on the platform.

  1. Parties & acceptance. Contract between you and [SOCIEDAD TITULAR A CONFIRMAR · OWNER ENTITY TBC (US)], [DOMICILIO A CONFIRMAR · ADDRESS TBC], operator of "Smart Career System" ("we"). Contact: [SUPPORT EMAIL], [PHONE]. Accepted by creating your account and ticking the box, which is your electronic signature, as valid as a handwritten one (US E-SIGN Act, 15 U.S.C. §7001 et seq.; Florida UETA, Fla. Stat. §668.50; and equivalent local laws); version, date, time and IP are recorded. You can download these terms. The Privacy Policy, Coaching & AI Disclaimer and the conditions of the plan you buy form part of this contract.
  2. Eligibility & age. You must be 18 or older (or the age of majority in your country of residence, if higher), in every country. The platform is not directed to minors and we do not knowingly collect their data; if we learn an account belongs to a minor, we close it and delete the data. You confirm your age and country are true; otherwise we may suspend the account.
  3. Service. Four programs (Launch, Transition, Growth, Horizons) in three plans: Digital (all modules, tools, guides, progress report, self-paced, no coach); Coaching (Digital + assigned coach + the 1:1 sessions stated in the plan); Premium (Coaching + more sessions and the extras stated in the plan). Current plan details (content, sessions, access days, price) are shown before payment and on your receipt. Also questionnaires, notes, goals, job board and an optional AI assistant. 3 bis. Access period, final report and membership. Platform access expires one (1) month after you finish the program (when you complete all its modules), or when the plan's access days end if you don't finish earlier. When you finish, you can download a PDF report with the information you generated (profile, goals, module milestones, reflections, action plans and results), which is yours to keep. Before and after expiry we'll offer to keep your Smart Career System access with the monthly membership of USD 15 (or the equivalent in your currency, taxes included as applicable), paid in advance for 30-day periods and not automatically renewed. If you don't buy it, your account and data are kept under the Privacy Policy and you can reactivate anytime.
  4. Nature of the service. Smart Career System provides educational, development-focused career and employability coaching. It is not psychotherapy or medical, psychological, legal, financial, immigration or tax advice and does not replace those professionals; in a health or risk situation, seek professional or emergency help. Decisions about your career, applications and working life are always yours, and you are responsible for them. 4 bis. Questionnaires. Self-awareness questionnaires and exercises are reflection tools: not validated psychometric instruments, not diagnostic, and not to be used for hiring, health or performance decisions. 4 ter. AI-assisted features. Some optional features use AI (e.g., drafting suggestions, summaries, next-step ideas). Outputs are automatically generated suggestions that may contain errors, omissions or bias and are not professional advice. Always review them before use; where applicable, a human coach reviews or complements them. We make no decisions with significant effects on you based solely on automated processing. The AI assistant requires separate consent, which you can withdraw in Settings.
  5. No guarantee of outcomes or employment. Job postings come from third parties; we are not the employer or a placement agency. (Review note: check placement-agency registration rules.) 5 bis. Community & networking. Members are invited to join a community that runs networking actions. Inclusion requires separately accepting the Community & Networking Terms to share your contact details. Voluntary: if you don't accept, you can use the full service but we can't include you in those activities. Change it anytime in Settings. Not for under-18s.
  6. Coaches. Smart Career System has a team of different coaches to support your process. Depending on the program, module, required specialty and availability, each module or session may be led by a different coach, so it will not necessarily be the same person throughout the program. All coaches use the same methodology and, for continuity, access your journey in the platform (reports, goals and shared notes) under the Privacy Policy. A change of coach between modules is not a breach and does not give rise to a refund. Coaches are independent professionals (not employees of [SOCIEDAD TITULAR A CONFIRMAR · OWNER ENTITY TBC (US)]), certified in the Smart Career System methodology, selected by us and bound by confidentiality and ethics. Each coach is responsible for their own professional acts; we remain responsible to you for the contracted service as consumer law provides, and are not liable for a coach's acts beyond what that law establishes. 6 bis. What your coach can see. (a) Your assigned coach can always see the summaries or closings of each topic (the synthesis left when a topic or module ends), for guidance and follow-up. (b) The internal content of each topic or module — your answers, reflections, activities and private notes — is visible to the coach only if you approve it through an access request sent within the platform, stating which parts and why; you may approve all or part of it, or decline, with no effect on your service. (c) You can revoke an approved access at any time in the platform, with effect going forward. (d) The same applies to Smart Career System staff (e.g., coach admins or support): no access to your private content without your approval, except for legal obligations, serious risk to you or others, or security-incident investigation, as set out in the Privacy Policy. Complaints: [SUPPORT EMAIL]; we can reassign your coach.
  7. Sessions. In-platform. Sessions can be modified or rescheduled with at least 48 hours' notice; otherwise, the session is considered lost and counts against your plan's sessions. The same applies to no-shows unless justified (illness, emergency, force majeure). Before each session we'll ask you to confirm your attendance (by WhatsApp, email or in the platform). Sessions are not recorded unless you and the coach expressly agree beforehand; neither party may record, capture or share a session without that consent. We expect mutual respect; a coach may end a session in case of abusive conduct. Coach late cancellations/no-shows are made up free. Unused sessions expire at the end of the access period; if you couldn't use them for reasons beyond your control, we'll offer a reasonable extension.
  8. Account. Keep credentials secure and confidential, don't share your account, use a unique password and tell us immediately at [SUPPORT EMAIL] if you suspect unauthorized access. We recommend enabling two-step authentication. You are responsible for activity on your account until you notify us of misuse. 8 bis. Cybersecurity. We apply reasonable, industry-standard technical and organisational security measures appropriate to the data, such as encryption of data in transit, role-based least-privilege access controls, available two-step authentication, regular backups, audit logs and monitoring, and incident-response procedures (see the Security & Incident Policy). However, no internet-connected system is completely secure and we cannot guarantee absolute security. To the maximum extent permitted by law, we are not liable for damage from cyberattacks, intrusions, malware or data loss that were not reasonably foreseeable or preventable with those measures, or from force majeure or events beyond our reasonable control. This does not exempt us from liability for our own negligence or from our legal data-protection duties, including notifying you and authorities of incidents where required.
  9. Your content remains yours; you grant a limited, non-exclusive, free, revocable licence to host, process and display it only to you, your coach and whomever you choose, solely to provide the service; it ends when you delete the content/account (backups rotate out). Never used to train AI. You warrant your rights to it.
  10. Confidentiality & clients (sponsored members). If a client company sponsors your program, it receives only aggregated, anonymous information (groups of at least [5]), never your answers, notes, scores or session content, unless you expressly authorize a specific item in writing. They may not use the platform to evaluate, promote or dismiss you. 10 ter. Communications. We send operational messages (session confirmations and reminders, account, security and terms-change notices) by email, in-platform notice and, if you choose it as your preferred channel and give us your number, by WhatsApp or SMS. By choosing WhatsApp or SMS and confirming your number you give express written consent to receive automated account and session messages at that number (frequency varies, typically 1 to [5] messages per scheduled session). Message and data rates may apply. Consent is not a condition of purchase. Reply STOP to opt out and HELP for help, or write to [SUPPORT EMAIL] (US TCPA, 47 U.S.C. §227; Florida Telephone Solicitation Act, Fla. Stat. §501.059). Commercial emails comply with CAN-SPAM: sender identification, our postal address and an unsubscribe link honoured within 10 business days. You can change your preferred channel or stop WhatsApp/SMS messages in Settings (or reply STOP where supported); essential account and security notices will still arrive by email. Promotional messages are only sent with your consent and you can always unsubscribe.
  11. Job board. Applying shares your CV/selected data only with that employer. No automated rejection or ranking by AI. Never a fee to apply.
  12. Acceptable use. No unlawful, defamatory, discriminatory, harassing or infringing content; no impersonation or false age; no security circumvention, accessing others' data, reverse engineering, scraping or unauthorized automation; no spam or unauthorized recruiting; no recording sessions without the coach's consent; no unwanted off-platform contact with coaches; no malicious code or overloading; no using the platform or methodology to serve third parties or build competing products.
  13. Intellectual property. Platform, software, modules, methodology, texts, designs and marks belong to [SOCIEDAD TITULAR A CONFIRMAR · OWNER ENTITY TBC (US)] or its licensors; you get a personal, non-exclusive, non-transferable licence for your own development during your access; no copying, resale, distribution or commercial derivative works. You may freely use the results and reports generated for you for your development and applications. Some geographic data from GeoNames (geonames.org), CC BY 4.0.
  14. Prices, payment, taxes, renewal. Prices shown before payment in your currency (USD/EUR via Stripe; ARS/MXN via Mercado Pago), taxes included where required, with VAT/taxes itemised where the law requires (e.g., Argentina Law 27,743). Bank/FX fees may apply. Card data is not stored by us. Plans are one-time purchases with a fixed access period. No automatic renewal or recurring charges (the monthly membership does not auto-renew either). If we ever offer an auto-renewing subscription, we will disclose it clearly and conspicuously before payment, obtain your express consent, send renewal reminders where required and provide an easy online cancellation (Fla. Stat. §501.165 and FTC rules). Price changes don't affect paid plans. Receipt/invoice by email.
  15. Withdrawal rights. Argentina: revoke within 10 calendar days of purchase or access, whichever is later, at no cost (Law 24,240 art. 34; CCyC art. 1110), via the "Botón de arrepentimiento" (Res. 424/2020) or [SUPPORT EMAIL]; you get a case code within 24 h. EU/UK: 14 days; if you ask us to start within that period you pay only for what was provided (e.g., sessions held); for digital content (Digital plan) you expressly agree to lose the right once access starts, and we confirm by email. Mexico: 5 business days where LFPC art. 56 applies, and in any event clause 16. Elsewhere: your statutory period, and at least clause 16. Refunds to the original payment method within [10] business days.
  16. Refund policy (in addition to law). Digital: full refund within 10 calendar days if fewer than [2] modules completed; afterwards only for uncorrected service failure. Coaching/Premium: within 10 calendar days, full refund if no session held; otherwise price minus sessions held at [REFERENCE SESSION VALUE] (unless law requires full refund); afterwards, pro-rata refund of unused sessions at [X]% while the plan is active. Our fault (no coach within [10] business days, sessions cancelled and not made up, substantial service failure): refund of the unprovided part. Client-provided access: refunds handled by the client.
  17. Cancellation. Close your account anytime, through the same channel you signed up, in Settings or via the "Botón de baja" (Argentina). You get a confirmation. No charge; refunds per clauses 15–16.
  18. Suspension/termination by us. With prior notice and a chance to respond, save urgency: serious breach, risk to others or security, false age/identity, legal requirement. If not your fault, we refund the unprovided part. You can export your data before closure unless the law prevents it.
  19. Availability. Reasonable efforts; no SLA for consumers; maintenance (announced when possible), failures or external causes may interrupt. For prolonged outages preventing use of what you paid for, we extend access or refund pro rata.
  20. Third-party services (payments, video calls, email, WhatsApp and SMS, hosting, optional AI) may have their own terms; we are not responsible for linked third-party sites except as the law provides.
  21. Changes and re-acceptance. When the version of these terms changes, we'll ask you to accept it again when you sign in. Features may change with reasonable notice; no material reduction of paid services without equivalent alternative or pro-rata refund. 30 days' notice of material term changes; you may cancel before they apply with a pro-rata refund; no detrimental changes to paid plans. 21 bis. Warranties. We provide the service with professional diligence and as described in your plan. Beyond that and the warranties consumer law does not allow us to exclude, the platform and content are provided "as is" and "as available", without further warranties of results, fitness for a particular purpose or uninterrupted, error-free operation.
  22. Liability. We are not liable for lost profits, lost job opportunities or indirect damages unless applicable law prevents this exclusion. To the maximum extent permitted by law, capped at amounts you paid in the prior 12 months. The cap does not apply to wilful misconduct, gross negligence, death/personal injury, data-protection breaches where limitation is prohibited, or mandatory consumer rights (e.g., Argentina Law 24,240 arts. 37/40, CCyC art. 988; Mexico LFPC art. 90; EU Directive 93/13/EEC). Unfair clauses are deemed not written; the rest survives. 22 bis. Indemnity. To the extent permitted by applicable consumer law, you will hold [SOCIEDAD TITULAR A CONFIRMAR · OWNER ENTITY TBC (US)] harmless from third-party claims caused by your wilful or grossly negligent breach of these terms (e.g., infringing content or unlawful use).
  23. Force majeure. No liability for events beyond reasonable control, with notice and mitigation; after 30 days you may cancel with a refund of the unprovided part.
  24. Privacy. We process your data under the Privacy Policy (privacidad.md), which explains your rights of access, rectification, erasure, objection and portability and how to exercise them.
  25. Accessibility. We target WCAG 2.2 Level AA (including as a reference for the US ADA); report barriers to [SUPPORT EMAIL] for an alternative.
  26. Notices. To your account email and in-platform; to us at [SUPPORT EMAIL] or [DOMICILIO A CONFIRMAR · ADDRESS TBC].
  27. Assignment. You may not assign without consent; we may assign to an entity continuing the service, with notice and without reducing your rights (you may cancel with a refund of unused value).
  28. Severability & entire agreement. If a clause is invalid, the rest remains in force. These terms and the documents referred to are the entire agreement between you and us about the service. 28 bis. User content & copyright notices (DMCA). Send copyright infringement notices to our designated agent: [DMCA AGENT — name, address and email to be confirmed], including the information required by 17 U.S.C. §512(c)(3). We remove content where appropriate, notify the uploader (who may counter-notify) and terminate repeat infringers. 28 ter. Sanctions & export controls. You represent that you are not on a US (e.g., OFAC SDN), UN, EU or UK sanctions list nor located in a country or region subject to comprehensive US embargo, and will not use the platform in breach of those rules. We may restrict access where the law requires. 28 quater. Survival. Clauses that by their nature should survive termination (e.g., IP, warranties, limitation of liability, indemnity, dispute resolution) survive.
  29. Language. Offered in Spanish and English, equally authoritative. In case of discrepancy, the English version prevails for interpretation under Florida law, unless your local law requires the version in your language to prevail. (Review note: confirm this choice.)
  30. Complaints, governing law, arbitration & forum. (a) Informal resolution: write to [SUPPORT EMAIL] first; we try to resolve it in good faith within [30] days. (b) Governing law: the laws of the State of Florida (USA) and applicable US federal law, without regard to conflict-of-laws rules; the arbitration clause is governed by the Federal Arbitration Act (9 U.S.C. §1 et seq.). (c) Binding arbitration: except as stated below, disputes arising from these terms or the service are resolved by individual, binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Miami, Florida (you may take part remotely or in writing); we pay the fees the AAA rules allocate to the business. (d) Small claims: either party may instead bring an individual claim in a competent small-claims court. (e) Class-action and jury waiver: to the fullest extent permitted by law, you waive class or representative actions and trial by jury. (f) 30-day opt-out: you may opt out of arbitration by emailing [LEGAL EMAIL] within 30 days of first accepting these terms, with your name and account email; the rest of the terms still apply. (g) Courts: for matters not arbitrated (or if you opt out), the state and federal courts located in Miami-Dade County, Florida. (h) Mandatory consumer rights outside the US: nothing here deprives you of non-waivable protections of your country of residence. Where local mandatory consumer law grants you non-waivable rights or the right to sue in your own courts or before your own authorities — e.g., EU/UK law, Argentina's Law 24,240 (including art. 36 on the consumer's domicile forum) or Brazil's Consumer Defence Code (CDC) — those rights and that forum prevail, and mandatory arbitration, the class waiver or the forum choice do not apply to the extent that law prevents it (Argentina: Ventanilla Federal/COPREC; Mexico: Profeco/Concilianet; EU/Spain/UK: ADR bodies and local courts; Brazil: Procon/consumidor.gov.br). (Review note: validate enforceability per market; consider separate assent for the arbitration clause.)
  31. Contact. [SOCIEDAD TITULAR A CONFIRMAR · OWNER ENTITY TBC (US)], [DOMICILIO A CONFIRMAR · ADDRESS TBC], [SUPPORT EMAIL], [PHONE].