Nsania - U.S. Terms Addendum

Last updated: September 27, 2025

This Nsania U.S. Terms Addendum (the "U.S. Addendum") applies only to users located in the United States or who access the Nsania services from the United States ("U.S. Users"). This U.S. Addendum is incorporated by reference into the Nsania Terms of Use and, for U.S. Users, controls in the event of any conflict with the Nsania Terms of Use.


1) Binding Arbitration; Class Action Waiver; Jury Trial Waiver

Informal Resolution (Notice Required). Before initiating arbitration, you and Isarta Inc. (operating the Nsania services, "Nsania") agree to first attempt to resolve the Dispute informally. The party initiating the Dispute must send a written notice describing the nature and basis of the claim and the relief sought to dpo@isarta.com (or by mail to the address listed in the Nsania Terms of Use). The parties will attempt in good faith to resolve the Dispute for at least 30 days after the notice is received before commencing arbitration.

(a) Agreement to Arbitrate. Except as set forth below, you and Isarta Inc. ("Isarta") agree that any dispute, claim, or controversy arising out of or relating to the Nsania Terms of Use, the Nsania services (the "Services"), or your relationship with Isarta/Nsania (each, a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its applicable rules, and governed by the Federal Arbitration Act.

(b) Class Action Waiver. You and Isarta agree that Disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

(c) Jury Trial Waiver. To the fullest extent permitted by law, you and Isarta waive any right to a trial by jury in any action or proceeding arising out of or relating to the Terms of Use or the Services.

(d) Exceptions. Either party may bring an individual action in small claims court (if eligible). Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or prevent unauthorized access or misuse of the Services.

(e) EFAA Carve-Out (Sexual Assault / Sexual Harassment). Notwithstanding the foregoing, to the extent a Dispute involves a claim of sexual assault or sexual harassment covered by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, the claimant may elect to proceed in court.

(f) Severability. If any portion of this section is found unenforceable, the remainder will remain in effect to the maximum extent permitted by law.

Arbitration Logistics. Arbitration will be conducted in English. The arbitration may be conducted remotely (e.g., by videoconference) where permitted by applicable AAA rules and as appropriate. The arbitrator may award any relief that a court of competent jurisdiction could award, to the extent permitted by law.

Fees and Costs. Payment of filing, administration, and arbitrator fees will be governed by the applicable AAA rules.


2) Governing Law; Venue (For Non-Arbitrable Matters)

For U.S. Users, this U.S. Addendum and any non-arbitrable Dispute will be governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. To the extent any Dispute is not subject to arbitration, the parties agree to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, USA.


3) Limitation of Liability (Cap)

To the fullest extent permitted by law, Isarta's total liability arising out of or relating to the Services will not exceed the amounts paid by you to Isarta for the Services in the twelve (12) months preceding the event giving rise to the claim. This cap applies in addition to, and not in replacement of, any limitations already stated in the Terms of Use.

If you have not paid Isarta any fees for the Services in the relevant period, Isarta's total liability will be limited to the maximum extent permitted by law.


4) Subscriptions; Automatic Renewal; Online Cancellation (If Applicable)

If you purchase an auto-renewing subscription or continuous service plan online, you authorize Isarta to charge the recurring fees until you cancel. If you enrolled online, you must be able to cancel online, and cancellation must be available without unreasonable friction or delay.

Account deletion vs. cancellation. Cancellation stops future renewals and ends billing at the end of the current billing period (unless otherwise stated). Account deletion is a separate request and may require contacting us, and certain information may be retained as described in the Privacy Policy and as required by law.


5) Copyright (DMCA) Policy; Designated Agent

If you believe content on the Services infringes your copyright, please send a notice of claimed infringement to Isarta's Designated Agent:

  • Designated Agent (DMCA): Martin A. Shamlou
  • Address: 340-1055 Lucien L'Allier Street, Montreal (QC) H3G 3C4
  • Email: dmca@nsania.com (or dpo@isarta.com)
  • Phone: +1 514-227-8559

Your notice must substantially comply with 17 U.S.C. §512. We may remove or disable access to allegedly infringing material and may terminate repeat infringers where appropriate. Counter-notifications may be submitted as permitted by law.


6) Children (COPPA)

The Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will take steps to delete it.


7) Platform Role; No Employment Agency; No Hiring Guarantee

Nsania is a technology platform that helps employers manage recruiting workflows. Nsania is not an employment agency, recruiter, or staffing firm, and does not make hiring decisions on your behalf. We do not guarantee that candidates will be hired, that positions will be filled, or that any candidate or job information is accurate, complete, or suitable for any purpose.


8) Customer Responsibilities; Compliance

You are solely responsible for (a) the content you upload or create using the Services (including job postings, screening questions, messages, notes, evaluations, and attachments), (b) how you configure and use the Services, and (c) your compliance with all laws and regulations applicable to recruiting, employment, privacy, and recordkeeping. You agree not to use the Services to make unlawful or discriminatory decisions or to violate the rights of any individual.


9) Data Roles (Controller / Processor - High-Level)

When you use the Services as an employer/customer and upload or otherwise provide personal information about candidates or other individuals, you generally act as the data controller/business (or equivalent) for that data, and Isarta/Nsania acts as a service provider/processor to provide the Services to you, subject to the Nsania Privacy Policy and any applicable data processing terms.


10) AI Tools (Decision-Support Only)

The Services may include AI-enabled features that provide suggestions, summaries, rankings, or drafting assistance. These features are provided for decision-support only. You are responsible for reviewing outputs, verifying accuracy and appropriateness, and making all decisions. You must not rely solely on AI outputs to make decisions with legal or similarly significant effects.


11) Availability; No SLA Unless Expressly Stated

We strive to maintain availability of the Services, but we do not guarantee uninterrupted or error-free operation. Any service level commitment applies only if expressly stated in a separate written agreement signed by Isarta.


Contact

Questions about this U.S. Addendum may be sent to: dpo@isarta.com.