Terms of Service

The Gist:

We here at Applicant Tracking Software, together with its parents, subsidiaries, or affiliates, ("Applicant Tracking Software") provide an online applicant tracking software-as-a-service platform branded as HiringThing (the “Service”) and would love for you to use it, whether you are an employer, recruiter, or other hiring professional offering real employment opportunities (a “User”), or an applicant applying to real employment opportunities posted by our Users (an “Applicant”).

The following terms and conditions govern all use of the Applicant Tracking Software website, its domains or subdomains, and all content, services and products available at or through the website, including, but not limited to, the HiringThing Service, (taken together, the “Website”). The Website is owned and operated by Applicant Tracking Software. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Applicant Tracking Software’s Privacy Policy) and procedures that may be published from time to time on the Website by Applicant Tracking Software (collectively, the “Terms”).

Please read these Terms very carefully before using the Service. By clicking “I agree” or by accessing or using any part of the Website or Service, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access the Website or use any Services. If these Terms are considered an offer by Applicant Tracking Software, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Our Service is designed to give Users as much control and ownership over your recruiting process as possible. However, be responsible in your use of the Service. In particular, make sure that no illegal or prohibited items listed herein appear in connection with, or linked to, your use of the Service or (for example, spam, viruses, or hate content).

Accessing the Website and the Services

Prior to using the Service, a User shall first will be required to register for an “Account” by completing an online registration form on the Website, via an integration with another software platform, or through other acceptable means. Applicant Tracking Software may require the User to confirm the User’s email address via an email confirmation process after the Account has been created.

We reserve the right to conduct a verification process on all Accounts and, at any time, to:

• Terminate or suspend access to the Website for any or no reason, including without limitation, any violation of these Terms or upon discovery that you have misrepresented your company or organization to us in any way.
• Take any action with respect to User-created content that we deem necessary and appropriate if we have reason to believe that content violates the Terms.
• Disclose your identity or other information about you to any third party that presents a reasonable claim that your User-created violates that third party’s rights.
• At our sole discretion, (i) refuse or remove any content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, at our sole discretion. We will have no obligation to provide a refund of any amounts previously paid.

Security

In the event of unauthorized access to or use of personally-identifying information (i.e. data that identifies an individual that compromises the security, confidentiality, availability or integrity of such personally identifying confidential information and does or is reasonably likely to result in misuse of such personally identifying confidential Information ("Security Incident")), in our possession or control, we agree to comply with all applicable breach notification laws of the relevant states and to reasonably cooperate with you in your investigation of the Security Incident.

User Obligations

You agree that any and all content you create through your Account:

• does not violate any international, federal, state, local, or other applicable laws.
• does not discriminate on the basis of age, gender, religion, disability, or race.
• does not contain misleading, false, or inaccurate information.
• does not contain material or links to material that is exploitative in a sexual or violent manner, or solicits work for people under the legal age of work eligibility.
• does not contain job links that contain information of competitors of Applicant Tracking Software, or posts or links to competitors of Applicant Tracking Software, unless expressly stated otherwise.
• does not sell, promote, or advertise products or services.
• does not concern jobs in which an applicant is subject to pay fees for work consideration, or involve multi-level marketing (MLM), franchisee fees, membership fees, distributorship fees, or pyramid schemes.
• does not advertise sexual services or jobs of a sexual nature.
• represents a legitimate employment opportunity indicated by an Employer's use of Form W2 or 1099 IRS forms (any 1099 opportunities must be clearly stated as such in the job posting description).
• does not advertise any modeling, acting, entertainment or talent scouting agency employment.
• does not advertise any commission-only position, unless that is clearly stated in the job posting, and clearly states the product or service the applicant would be selling.
• does not describe or assign keywords in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others.
• is entirely your responsibility, including any harm resulting from that content. That is the case regardless of whether the content in question constitutes text, graphics, an audio file, or computer software. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• will not infringe upon the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party. If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the content.
• does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
• is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
• is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
• is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other services and web sites, and similar unsolicited promotional methods.
• is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your job listing service’s URL or name is not the name of a person other than yourself or company other than your own.
• is, in the case of content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by us or otherwise.

You agree that any job posting you create in your Account:

• will be unique (having more than one active job listing for the same open position is expressly prohibited).
• will, when advertised through the Website on any third-party sites, comply with the published terms of service of such third-party sites.
• contains adequate information about the job in order for an Applicant to make an informed decision whether to apply for the job in question.

You agree to use the Website and Services responsibly and that you:

• will not communicate with Applicants or other Users in any way other than that which is expected (such as contacting a job applicant to discuss the job posting applied for or communicating about an Applicant with another User).
• will not communicate with other Users or Applicants in a solicitous manner, including communications made via email.
• will protect and maintain the security of your password. Protecting your password is your responsibility. You are responsible for all uses associated with your Account regardless of whether or not you authorized use thereof. If someone gains access to your account and uses it in such a way that violates our Terms, we reserve the right to cancel your account. You agree to notify Support in the event that you become aware of unauthorized use of, or access to, your account.
• will be responsible for protecting and maintaining the security of your Account and for all content created and activities that occur therewith.
• will notify Support if you become aware of any misuse of the Website or Services.
• will not tamper with the material posted by other Users.
• agree that we will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
• you have fully complied with any third-party licenses relating to any User-created content, and have done all things necessary to successfully pass through to end users any required terms.

By submitting content through your use of the Website, you grant Applicant Tracking Software a world-wide, royalty-free, and non-exclusive license to include submitted content on our website and/or to reproduce, modify, adapt and publish the content for the purpose of displaying, distributing and promoting your content and/or Applicant Tracking Software. If you delete content, we will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the content may not be made immediately unavailable.

You also agree that we may identify the company or organization name associated with the Account as a user of the Services and use that company or organization’s logo and/or trademark in sales presentations, promotional and marketing materials and communications, press releases, and on our Website for promotional purposes.

Fees and Payment

Optional premium paid products or services such as recurring subscriptions, extra storage, job posting advertisements, background checks, domain purchases or other options may be available through the Website. By selecting a premium service, you agree to pay us any fees indicated for that service. Payments will be charged as indicated and will cover the use of that service for the time period indicated. Premium service and/or subscription fees are not refundable.

We reserve the right, at any time, to change prices and billing methods for the Service, effective immediately upon notification within the Website or by email delivery to you.

Refund Policy

The Service is a recurring subscription service and is charged or invoiced automatically at each renewal date unless you make modifications to your subscription that impact your billing cycle and/or the amount due in advance of that renewal date. When you cancel your subscription, we will not bill you again, but do not offer refunds or credits for partial or unused terms of service or for upgrades/downgrades.

For any upgrade in subscription plan level, at the point in time when you upgrade, the new plan level and fee are effective immediately and the credit card that you provided will automatically and immediately be charged. Downgrading your Service will not result in any refund and may cause the loss of access to content, features, or capacity of your Account.

Free and Paid Job Boards

We may offer Users the option to indicate a preference to post an active job posting(s) in a User’s Account to our network of free job boards or social media sites. We may also offer to Users the option to purchase advertising for an active job posting(s) in a User’s Account on our network of paid online job boards or social media sites. Each participating member of our free and paid job board network has its own set of terms and conditions governing the posting of jobs on its job board website. For this reason, we reserve the right to suppress from free and/or paid syndication any posting for any reason. Suppressing an active job posting from syndication is not a decision we take lightly, but is sometimes necessary due to participating members’ job posting terms and conditions. When posting a job to a third-party (free or paid) job board, it is your responsibility to ensure that your job posting is in compliance with the terms and conditions of that job board. We will not collect payment from a User for advertising a job posting where we do not and/or cannot syndicate the job posting to the paid job board in question. The participating members of this free and paid online job board network are subject to change.

Responsibility of Website Visitors

We have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, we do not represent or imply that we endorse the material there posted, or that we believe such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which we link, and that link to the Website or the Service. We do not have any control over those non-Applicant Tracking Software websites and webpages, and we are not responsible for their contents or their use. By linking to a non-Applicant Tracking Software website or webpage, we do not represent or imply that we endorse such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of non-Applicant Tracking Software websites and webpages.

Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by us violates your copyright, you are encouraged to notify us in accordance with our Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of us or others, we may, in our discretion, terminate or deny access to and use of the Website.

Intellectual Property

This Agreement does not transfer from us to you any Applicant Tracking Software or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Applicant Tracking Software, the Applicant Tracking Software logo, and all other trademarks, service marks, graphics and logos used in connection with Applicant Tracking Software, or the Website are trademarks or registered trademarks of Applicant Tracking Software or our licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Applicant Tracking Software or third-party trademarks.

Reliance on Third-Party Systems

We do not store any credit card information from you. Instead, we pass credit card information to our payment gateway, such as Authorize.Net, through a payment management software provider, such as Chargify, and the payment gateway stores it in their system. We are not responsible or liable for any problems that arise as a result of credit card information being misused after we have passed it to our payment gateway for storage by them.

General Data Protection Regulation (GDPR)

These Terms incorporate the Data Processing Addendum (“DPA”), available here, when the GDPR applies to your use of the Service to process personal data (as defined in the DPA).

Notices

Except as otherwise provided in these Terms, notices and other communications under these Terms shall be in writing and shall be delivered, mailed by first class mail, postage prepaid, or sent by facsimile or electronic mail, addressed, (a) if to you, at the address kept in our files or at such other address as you shall have furnished to us in writing, or (b) if to us, at:

Mailing Address:
Applicant Tracking Software
PO Box 697
Bartonsville, PA 18321
USA

Email Address: support@applicant-tracking.com

Your notice must specify your name and the company or organization name associated with the Account. Each such notice, request, or other communication shall be effective (i) if given by mail, 72 hours after such communication is deposited in the mails with first class postage prepaid, addressed as aforesaid, (ii) if sent by facsimile or email, when sent and receipt is electronically confirmed or (iii) if given by any other means (including, without limitation, by air courier), when delivered at the address specified above. Oral notices shall be deemed effective on the date reflected in our records.

Service Availability

We will make every available effort to keep the Services operational 24 hours a day, 7 days a week. There will be periods of downtime for maintenance and upgrades, and sometimes, for reasons that we did not plan. We will attempt to provide at least 24 hours of notice for scheduled maintenance or downtime, but some downtime may be unscheduled and beyond our control. WE MAKE NO GUARANTEE AS TO UPTIME OR AVAILABILITY OF THE SERVICE.

Email Communications from Us to You

You agree that we may send email messages to you from time to time regarding planned service downtime, new features, and other communications that we believe Users will want to know about. You may opt out of receiving these emails by using the opt-out link provided in the email or by contacting support@applicant-tracking.com. Some email messages are related to your Account status and can only be opted-out of by canceling your Account.

Changes

We reserve the right, at our sole discretion, to modify or replace any part of these Terms at any time. We will provide a notification to Users upon making changes to these Terms in the future. You are advised to print and retain a copy of these Terms, and any future changes thereto, for future reference. Your continued use of or access to the Website and Services following the posting of any changes to these Terms constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms.

Termination

We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your Account (if you have one), you may cancel your Account or contact your designated representative to do so. We may cancel your Account if you materially breach these Terms and fail to cure such breach within thirty (30) days from our notice to you thereof; provided that, we can terminate the Account, the Service, or the Website immediately as part of a general shut down of our service. All provisions of these Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided “as is”. We, together with our suppliers and licensors, hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we nor our suppliers and licensors, make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you are actually reading this, we salute you. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event shall Applicant Tracking Software, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, or agents be liable for any damages including, but not limited to, direct, compensatory, indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of or relating to (i) your inability to use the materials, content, services or accounts; (ii) your misuse of the materials, content services or accounts; (iii) nonperformance or a failure of the services caused by acts or omissions of another service provider, (iv) equipment or software failure or modification; (v) telecommunications or computer equipment failures, or (vi) acts of God, or other causes beyond our reasonable control. The foregoing shall apply even if Applicant Tracking Software has been advised of the possibility of such damages. Applicant Tracking Software also makes no representations or warranties that your access to and use of the site, materials, content, Services and Accounts (1) will be uninterrupted or error free; (2) is free of viruses, unauthorized code, or other harmful components; (3) is secure; or (4) will meet your satisfaction. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the site, materials, content, service and account.

In no event shall Applicant Tracking Software, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, agents and any underlying carrier be liable for injuries to persons or property arising from use of the services, or any equipment used in connection with the services.

If, notwithstanding the other terms of this agreement, Applicant Tracking Software should have any liability to you or any third party for any loss, harm or damage, you and Applicant Tracking Software agree that in no event shall liability of Applicant Tracking Software to you for any reason exceed our service charges during the affected period giving rise to such liability.

You and Applicant Tracking Software agree that this section of the Terms, "Limitation of Liability", is an agreed allocation of risk between you and Applicant Tracking Software You acknowledge that, absent your agreement to this Limitation of Liability, Applicant Tracking Software would not provide the site, materials, content, services, or accounts to you.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with our Privacy Policy, with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to defend, indemnify, and hold harmless Applicant Tracking Software, its parents, subsidiaries, affiliates, and their respective members, managers, directors, officers, employees, stockholders, agents and any underlying carrier, harmless from and against any and all claims, expenses or damages (including attorneys' fees), whether known or unknown, arising from, incurred as a result of, or in any manner related to (a) your use of the Services, (b) any other person's use of any Account you maintain, or (c) your promises or statements made in these Terms. You hereby agree to waive all laws that may limit the effectiveness of the foregoing releases. This indemnification shall apply to the fullest extent permitted by law and shall survive termination of your Account.

Miscellaneous

This Agreement constitutes the entire agreement between Applicant Tracking Software and you (sometimes collectively referred to as the “parties”) concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Applicant Tracking Software, or by the posting by Applicant Tracking Software of a revised version. Except with respect to any dispute involving a party’s intellectual property rights, all disputes arising under this Agreement or relating to use of the Website shall promptly be submitted to arbitration in Northampton County, Pennsylvania, before one arbitrator (who need not be AAA personnel) in accordance with the rules of the American Arbitration Association. The arbitrator may assess costs, including counsel fees, in such manner as the arbitrator deems fair and equitable. The award of the arbitrator shall be final and binding upon all parties, and judgment upon the award may be entered in any court of competent jurisdiction, unless otherwise provided herein. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to the conflicts of laws doctrine of such state. Jurisdiction and venue over any intellectual property dispute arising under this Agreement shall lie with the Northampton County Court of Common Pleas or the United States District Court for the Eastern District of Pennsylvania. The parties waive any objections to such jurisdiction. Should either party attempt to resolve an intellectual property dispute by any method other than pursuant to this section, the responding party is entitled to recover from the initiating party all damages, expenses and attorneys’ fees incurred as a result of that breach. Any party to this Agreement who breaches the intellectual property provisions of this Agreement shall be liable for all expenses, including costs and attorneys’ fees, incurred by the Company to enforce this Agreement, regardless of the outcome of the matter. In addition, the prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect Applicant Tracking Software’s original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Applicant Tracking Software may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties and their respective and applicable successors, personal representatives, heirs and permitted assigns.