Governing entity: Realistic Resilience LLC d/b/a mise en place, Golden, CO
Summary
| Section | What you will find there |
|---|
| A. Definitions | Basic terms used throughout this agreement |
| B. Eligibility | Age requirements for using the service |
| C. Account Terms | Requirements for having an account |
| D. Acceptable Use | Rules for using the service |
| E. Your Content | Who owns the data you provide and how we handle it |
| F. Data Handling and Privacy | How session data is processed, stored, and protected |
| G. Intellectual Property | Our rights in the product and methodology |
| H. Payment | Fees, billing, and cancellation |
| I. Disclaimer of Warranties | What we do and do not guarantee |
| J. Limitation of Liability | Limits on our obligations to you |
| K. Termination | How either party can end the relationship |
| L. Governing Law | Legal jurisdiction and governing law |
| N. Force Majeure | Excused performance during unforeseen circumstances |
| O. Dispute Resolution | Arbitration, class action waiver, and dispute procedures |
| P. Indemnification | Your agreement to defend us against certain claims |
| Q. Miscellaneous | Additional legal details |
A. Definitions
"Agreement" refers to these Terms of Service and any other operating rules, policies, and procedures we publish from time to time.
"Account" means the registered account you create to access paid features of the Service.
"Content" means information, data, text, or other materials you submit to the Service, including resumes, professional profiles, career background descriptions, and any other input you provide.
"Output" means career intelligence, career path recommendations, fit analyses, capability narratives, gap analyses, resume suggestions, cover letter drafts, and any other results generated by the Service based on your Content.
"Service" refers to the mise en place platform and all products made available by Realistic Resilience LLC, including MEP Navigate, MEP Campus, and MEP Fit, whether accessed via web browser, API, or any other means.
"Institutional User" means a university, college, career center, employer organization, or other entity that accesses the Service under an institutional license agreement.
"Individual User" means a person who accesses the Service directly under these Terms, including students, job seekers, and career changers.
"We," "Us," and "Our" refer to Realistic Resilience LLC d/b/a mise en place.
"You" refers to the individual or entity accessing or using the Service.
B. Eligibility
You must be at least eighteen (18) years old to access or use mise en place. By accessing or using the mise en place, you affirm, represent, and warrant that you are eighteen (18) years of age or older. We rely on your representation and reserve the right to suspend or terminate access to any user who provides false, inaccurate, or misleading age information. If you access or use the mise en place while under eighteen (18) years of age, you do so without authorization and at your own risk. To the fullest extent permitted by applicable law, you assume all risks associated with such unauthorized access or use, including, without limitation, risks relating to the disclosure, collection, processing, storage, or transmission of personal information, privacy-related risks, exposure to content that may be inappropriate for minors, and any other consequences arising from your access to or use of the mise en place.
C. Account Terms
- You must provide a valid email address to register for an account.
- You are responsible for maintaining the security of your account and for all activity that occurs under your account.
- You must notify us promptly if you become aware of any unauthorized use of your account.
- One person may not maintain more than one free or paid account without our prior written consent.
- Institutional Users accessing the Service under a separate license agreement are subject to the terms of that agreement in addition to these Terms. Where there is a conflict, the institutional license agreement controls.
D. Acceptable Use
Your use of the Service must comply with all applicable laws. You agree that you will not, under any circumstances:
- Use the Service in a way that infringes, misappropriates, or violates anyone's rights, including intellectual property rights or privacy rights.
- Attempt to reverse engineer, decompile, disassemble, or derive the source code, algorithms, or underlying methodology of the Service.
- Reproduce, redistribute, resell, or sublicense access to the Service to any third party without our prior written consent.
- Use automated means to extract, scrape, or collect Output from the Service in bulk.
- Represent that Output was generated by a human when it was generated by the Service, in any context where that misrepresentation could cause harm.
- Use the Service to make legally consequential decisions about another person, including hiring, admissions, housing, credit, or insurance decisions, without appropriate human review and oversight.
- Use the Service in any manner that could damage, disable, overburden, or impair our systems or interfere with any other party's use of the Service.
- Attempt to gain unauthorized access to any part of the Service or its related systems.
E. Your Content
Ownership. You retain ownership of the Content you submit to the Service. We do not claim ownership of your resumes, profiles, or any other personal or professional information you provide.
License to us. By submitting Content to the Service, you grant us a limited, non-exclusive, royalty-free license to process that Content solely as necessary to provide the Service to you. We do not use your Content to train or fine-tune any machine learning models. We may use aggregated and anonymized usage data that does not identify you and does not include your Content — such as session volume, feature usage patterns, and error rates — to operate, secure, and improve the Service.
Accuracy. You represent that you have the right to submit the Content you provide and that your Content does not violate any third-party rights.
Output ownership. As between you and us, you own the Output generated from your Content. We assign to you all right, title, and interest we may have in Output generated from your sessions.
URL-based sharing. When you use the Service without storage enabled, your session data exists only within your browser and is not retained by us once your session ends. As part of using the Service, you may generate a shareable URL that encodes your session information. This URL functions as the equivalent of a downloaded document — it contains your data and can be opened and viewed by anyone who receives it. By generating and sharing a URL, you are choosing to share the information it contains. We are not responsible for how shared URLs are used, stored, or distributed by third parties who receive them. You should treat a shareable URL with the same care you would apply to any document containing your personal information, including your resume or career details.
Output accuracy. Output from the Service is generated by artificial intelligence and may not always be accurate, complete, or suitable for your specific circumstances. You should not rely on Output as a sole source of truth or as a substitute for professional career counseling, legal advice, or other professional guidance. You are responsible for evaluating Output for accuracy and appropriateness before acting on it or sharing it with others.
Output is informational only. The Service is designed to surface career intelligence and directions worth exploring. It is not a guarantee of career outcomes, job placement, or suitability for any specific role or program. Output should not be used to make legally or materially consequential decisions about another person without independent human review.
F. Data Handling and Privacy
No-storage architecture. By default, the Service is designed to operate without intentionally storing your session data on our servers after your session ends. Your Content and the Output generated from it are processed in real time and are not intentionally retained beyond the active session unless you have explicitly opted into a storage-enabled feature or your institution has entered into a data processing agreement with us that provides for storage.
Sensitive information you choose to share. The Service does not prompt you to provide sensitive personal information including health conditions, disabilities, or other protected characteristics. However, you may choose to include such information in your Content or in responses to open-ended prompts. Any such information you voluntarily provide is processed solely to generate Output for you and is not retained by us beyond your active session under the default no-storage configuration. You are responsible for determining what personal information you choose to share with the Service.
What this means for you. Under the default no-storage configuration, your resume, profile information, and session results are not retained on our servers and cannot be retrieved after your session ends. You should save or export any Output you wish to keep before your session ends. As a result, we are unable to retrieve or provide any data, Content, or Output from past sessions, as this information is not retained on our servers.
What we do collect. We may collect anonymous, aggregate usage data and metadata such as session volume, feature usage, and error rates for the purpose of operating and improving the Service. This data does not include your personal information or Content.
Our confidentiality commitment. We treat your Content as confidential. We do not sell your Content, share it with third parties for their independent use, or disclose it except as necessary to provide the Service to you, as described in this Agreement, or as required by law. This commitment applies regardless of whether you are using the Service under the default no-storage configuration or a storage-enabled paid tier.
Institutional users and FERPA. For Institutional Users operating under a separate license agreement, data handling is governed by the terms of that agreement and any applicable data processing addendum. Institutions subject to the Family Educational Rights and Privacy Act (FERPA) should note that under the default no-storage configuration, no student data is retained by the Service following the conclusion of a session. Institutions requiring persistent storage for student records must enter into a separate data processing agreement with us before enabling storage features.
Security. We implement commercially reasonable administrative, technical, and physical safeguards to protect data processed through the Service. No system is completely secure, and we cannot guarantee that unauthorized third parties will never be able to defeat our security measures.
G. Intellectual Property
Our rights. We own all rights, title, and interest in and to the Service, including the underlying knowledge graph methodology, occupational intelligence system, software, user interfaces, trademarks, and all other intellectual property embodied in or associated with the Service. The Licensed Technology incorporates patent pending technology. All rights not expressly granted to you are reserved.
Trademarks. "mise en place," "MEP Navigate," "MEP Campus," and "MEP Fit" are trademarks of Realistic Resilience LLC. You may not use our trademarks without our prior written consent.
Feedback. If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, worldwide, royalty-free license to implement, use, modify, and incorporate that feedback into the Service or any other product or service for any purpose without compensation or obligation to you. This license does not grant you any rights in or to the resulting improvements or derivative works.
H. Payment
Pricing. Pricing for paid tiers of the Service is listed on our website. We may update pricing from time to time and will provide at least 30 days notice of any increase to a subscription you are currently enrolled in.
Billing. For paid subscriptions, we will charge your payment method on each agreed-upon renewal period until you cancel. You are responsible for providing accurate billing information and for all applicable taxes.
Cancellation. You may cancel your paid subscription at any time. Cancellation takes effect at the end of your current billing period. We do not provide refunds for unused subscription periods except as required by applicable law.
Institutional licenses. Pricing and payment terms for institutional licenses are governed by the applicable institutional license agreement.
I. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT.
We do not warrant that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error-free, or that any Output will be accurate, complete, or suitable for your purposes. Output from the Service represents career intelligence generated by artificial intelligence and is intended as informational guidance only. It is not a guarantee of career outcomes and is not a substitute for professional advice.
J. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
These limitations apply regardless of the legal theory or form of action and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.
K. Termination
Termination by you. You may terminate your account and stop using the Service at any time. For paid subscriptions, cancellation takes effect at the end of your current billing period.
Termination by us. We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, if we determine that you have violated this Agreement or that continued access would pose a risk to the Service or other users. We will make reasonable efforts to notify you before terminating your account except where prohibited by law or where notice would create a security risk.
Effect of termination. Upon termination, your right to access and use the Service immediately ceases. The following sections survive termination: D (Your Content, as to ownership), F (Intellectual Property), H (Disclaimer of Warranties), I (Limitation of Liability), and K (Governing Law).
L. Governing Law
This Agreement and any disputes arising out of or relating to the Service or these Terms are governed by the laws of the State of New York, without regard to its conflict of law principles. Subject to Section P (Dispute Resolution) below, you consent to the exclusive jurisdiction and venue of the state and federal courts located in New York for any disputes arising under this Agreement.
N. Force Majeure
We will not be liable for any failure or delay in performing our obligations under this Agreement if such failure or delay results from causes beyond our reasonable control, including acts of God, fire, flood, earthquake, pandemic, governmental restrictions, third-party infrastructure failures, internet or telecommunications outages, or other events outside our reasonable control. If such an event continues for more than thirty (30) days, you may terminate your account by providing written notice to us.
O. Dispute Resolution
Informal resolution. Before initiating any formal dispute process, you agree to contact us at [email protected] and give us thirty (30) days to attempt to resolve the dispute informally.
Binding arbitration. If the dispute is not resolved informally, you and we agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, rather than in court. The arbitration will be conducted in New York City, New York, and the arbitrator will apply New York law. The arbitrator's decision will be final and binding. Either party may seek provisional remedies from a court of competent jurisdiction to prevent irreparable harm while arbitration is pending.
Class action waiver. You and we each agree to bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
Jury trial waiver. You and we each waive any right to a jury trial in connection with any dispute arising out of or relating to this Agreement or the Service.
Exceptions. Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction for claims involving intellectual property rights or confidentiality obligations.
P. Indemnification
You agree to indemnify, defend, and hold harmless Realistic Resilience LLC and its officers, employees, agents, affiliates, successors, and assigns from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your use of the Service; (ii) Content you submit to the Service; (iii) your use or distribution of Output generated by the Service; (iv) your violation of this Agreement or applicable law; or (v) your violation of any third-party rights.
Q. Miscellaneous
Entire agreement. This Agreement constitutes the entire agreement between you and us regarding the Service and supersedes all prior agreements, understandings, and communications, oral or written, relating to the same subject matter. Institutional Users are also subject to their applicable institutional license agreement.
Modifications. We may modify this Agreement at any time by posting a revised version on our website. Material changes include but are not limited to: changes to pricing, changes to how we handle or store your data, and removal of core features. For material changes, we will provide at least 30 days notice via email or an in-product notification. Your continued use of the Service after the effective date of any modification constitutes your agreement to the modified terms. For non-material changes, no advance notice will be provided and it is the sole responsibility of users to review the Terms periodically to remain informed of any updates.
Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
No waiver. Our failure to enforce any provision of this Agreement will not constitute a waiver of our right to enforce that provision in the future.
Assignment. You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign this Agreement to an affiliate or successor in connection with a merger, acquisition, or sale of assets.
Contact. Questions about these Terms may be directed to [email protected].
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