Who we are and who these terms bind
Kwirl is an Australian company. Using the product means you accept these terms.
Kwirl Australia Pty Ltd (ACN 660 904 969, ABN 44 660 904 969), Australia, operates the Kwirl website, mobile applications, and the Kira agent. In these terms, "Kwirl", "we" and "us" mean that company, and "you" means the person or organisation using the service.
By creating an account, or by using Kwirl on behalf of an organisation, you accept these terms. If you accept on behalf of an employer, you confirm you are authorised to bind that organisation, and "you" then means the organisation as well as you personally.
These terms apply wherever you are. We name Australian, New Zealand and United States law throughout because those are the three places most of our users sit. Nothing in these terms limits rights you have under consumer or privacy law in your own country that cannot be excluded by agreement.
Eligibility and your account
You must be 16 or older, give accurate details, and keep one account.
You must be at least 16 years old to hold a Kwirl account. If you are under 18, you should read these terms with a parent or guardian. We do not knowingly collect information from anyone under 16, and we close accounts we find that belong to them.
You are responsible for what happens under your account, including everything an authorised colleague does with a seat you have granted. Keep your password to yourself, turn on two-factor authentication, and tell us at security@kwirl.com.au if you think someone else has access.
- One account per person. Shared logins are not permitted on any plan.
- Employer seats are named. Passing a seat between people to avoid paying for another is a breach of these terms.
- Information you give us — your name, work history, right to work, salary expectations — must be true and yours.
What you post, and who owns it
You keep ownership of your work. You give us a licence to display it where you have asked us to.
Everything you upload — your showcase, case studies, video intro, writing, images, and messages — remains yours. We claim no ownership of it, we do not sell it, and we do not licence it to third parties for their own use.
You grant Kwirl a worldwide, non-exclusive, royalty-free licence to host, reproduce, adapt for display, and communicate that material for the sole purpose of running the service you have asked for: showing your showcase to the audience you chose, delivering your application to the employer you applied to, and backing the material up. That licence ends when you delete the material, subject to backup cycles described in our Data Retention and Deletion Policy.
You promise you have the right to post what you post. Do not upload work covered by a confidentiality agreement, client material you do not have permission to show, or anyone else’s portfolio.
Employer obligations
Real roles, published bands, honest stages.
Every listing must be a genuine, currently open role. Listings used to build a talent pool, to test the market, or to advertise a role that is already filled internally are removed without refund.
Every listing must publish a salary band. This is a product rule, not only a legal one, and it applies in all three of our markets even where local law does not yet require it.
You must keep application stages truthful. If a candidate is no longer being considered, mark them as such. Kwirl surfaces employer response rates publicly, and misrepresenting stages to protect that number is a breach of these terms.
- Listings must comply with anti-discrimination law: in Australia the Fair Work Act 2009 (Cth), the Sex Discrimination Act 1984 (Cth), the Racial Discrimination Act 1975 (Cth), the Disability Discrimination Act 1992 (Cth) and equivalent State and Territory Acts; in New Zealand the Human Rights Act 1993 and Employment Relations Act 2000; in the United States Title VII, the ADA, the ADEA, and applicable state and city law.
- You must not use Kwirl data to screen candidates on a protected attribute, or to build a profile of a candidate outside the role they applied for.
- Sourcing messages must be about a real, named role. Bulk messages that are not are treated as spam under the Spam Act 2003 (Cth) and our Acceptable Use Policy.
Fees, plans and billing
Paid plans bill in advance. Cancel any time and the plan runs to the end of the period.
Looking for work is free. Employer plans are paid, quoted in Australian dollars unless your billing profile is set to another currency, and billed in advance monthly or annually through our payment provider. Your order form or quote sets out the price, the seats included and any allowances.
Australian customers are charged GST where it applies. New Zealand customers may be charged GST under the remote services rules. United States customers may be charged state sales tax depending on the billing address. Tax is shown before you confirm.
We can change prices with 30 days notice by email. A price change never applies to a period you have already paid for. Cancellation, refunds and pro-rata treatment are set out in the Refund and Cancellation Policy, which forms part of these terms.
Kira and automated output
Kira assists. It does not decide, and you check its work before you send it.
Kira drafts messages, summarises roles, ranks matches and prepares interview notes. Its output is a suggestion. You are responsible for anything you send, publish or rely on after Kira has drafted it.
Employers must not use Kira, or any Kwirl ranking, as the sole basis for rejecting a candidate. Our AI Policy sets out the human-review requirement, the bias testing we run, and the notices employers must give candidates in jurisdictions such as New York City and Illinois.
Suspension and ending the agreement
You can leave whenever you like. We only remove accounts for cause.
You may close your account at any time in settings. Closure stops future billing and starts the deletion timetable in our Data Retention and Deletion Policy.
We may suspend or close an account that breaches these terms or the Acceptable Use Policy, that we are required to act on by law, or that presents a security or safety risk to other users. Except where the breach is serious or unlawful, we will tell you first and give you a chance to fix it.
If we close a paid account for cause, we do not refund the current period. If we close it for our own convenience, we refund the unused portion.
Liability and consumer guarantees
We do not exclude rights you cannot waive. Beyond those, our liability is capped.
Kwirl is a marketplace and a set of tools. We do not employ anyone through the platform, we are not a party to your employment contract, and we do not guarantee that you will be hired or that a candidate will accept an offer.
Nothing in these terms excludes, restricts or modifies the consumer guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), the Consumer Guarantees Act 1993 (NZ), or any equivalent right in your jurisdiction that cannot be excluded. Where our liability can be limited, it is limited at our option to resupplying the service or paying the cost of resupply.
Otherwise, and to the extent the law allows, our total liability for any claim connected with Kwirl is capped at the fees you paid us in the 12 months before the claim, or one hundred Australian dollars if you are on a free plan. Neither party is liable for indirect or consequential loss, including loss of profit, opportunity or reputation.
Governing law and disputes
Australian law. Talk to us first.
These terms are governed by the laws of Australia, and both parties submit to the non-exclusive jurisdiction of the courts of Australia.
If you are a consumer in New Zealand or the United States, this clause does not take away your right to bring a claim in your own country where local law gives you that right.
Before starting a proceeding, contact legal@kwirl.com.au with the details. Most disputes are a misunderstanding about a billing period or a listing removal, and are resolved in a few days.
Changes to these terms
Material changes get 30 days notice.
We update these terms as the product changes. For minor corrections we update the page and change the date at the top. For material changes — anything affecting price, liability, or how we use your material — we email account holders at least 30 days before the change takes effect.
If you do not accept a material change, close your account before it takes effect and we will refund the unused part of your current period.
Questions about this policy
Write to legal@kwirl.com.au for anything on this page, privacy@kwirl.com.au for a privacy request, or security@kwirl.com.au to report a vulnerability. Postal mail reaches us at Kwirl Australia Pty Ltd, Australia.