Terms of Service

1. Agreement to These Terms

These Terms of Service (“Terms”) are a binding agreement between you and Tidemark, Inc. (dba Recruiting Insight) (“HiringCenter,” “we,” “us,” or “our”) governing your access to and use of:

• our websites, including hiringcenterpro.com and related pages (the “Site”);
• the HiringCenter recruiting engagement platform at app.hiringcenterpro.com and related applications (the “Platform”); and
• any related services, APIs, integrations, and support we provide (collectively, the “Services”).

By accessing or using the Services, creating an account, or clicking to accept these Terms, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

2. Description of the Services

HiringCenter is a business software platform that helps organizations manage recruiting pipelines, communicate with candidates and prospects, schedule meetings, run campaigns, store recruiting records, and related workflows.

The Services may include features such as:

• user and team account management;
• prospect and pipeline management;
• email, SMS, and phone communications;
• meeting scheduling and calendar integrations;
• templates, automations, and reporting;
• API access and outbound webhooks;
• optional integrations with third-party tools;
• optional AI-assisted features;
• optional connected Google or Microsoft mailbox and calendar accounts.

We may add, modify, or discontinue features at any time, subject to these Terms.

3. Eligibility

The Services are intended for business use only. You must:

• be at least 18 years old, or the age of majority in your jurisdiction;
• have the legal capacity to enter into a binding contract;
• not be prohibited from using the Services under applicable law.

You may not use the Services if you have been suspended or removed from the Services for violation of these Terms.

4. Account Registration and Security

A. Creating an account

To use most Platform features, you must create an account and provide accurate, current, and complete information. You agree to keep your account information up to date.

Account access may require approval, invitation, payment setup, or other onboarding steps before full activation.

B. Account roles

Organizations may assign roles to users, such as owner, admin, manager, user, or view-only. Role permissions determine what actions a user may take within an account. Account owners and administrators are responsible for managing user access and permissions.

C. Your responsibilities

You are responsible for:

• maintaining the confidentiality of your login credentials;
• all activity that occurs under your account;
• ensuring that users you invite or authorize comply with these Terms;
• promptly notifying us at solutions@recruitinginsight.net if you suspect unauthorized access.

We are not liable for losses arising from unauthorized use of your account where you failed to safeguard credentials or notify us promptly.

5. Customer Responsibilities

If you use HiringCenter to manage recruiting relationships, communications, or candidate data, you acknowledge and agree that:

• You are the controller of personal information you upload, collect, or process through the Services, except where we act as a processor on your behalf as described in our Privacy Policy.
• You are responsible for compliance with all laws applicable to your recruiting, hiring, and communications activities, including employment, privacy, anti-discrimination, telemarketing, SMS, email, and call-recording laws.
• You must obtain all required consents and notices before contacting individuals, sending marketing or recruiting messages, recording calls, or collecting application information.
• You must provide your own privacy notices to candidates, prospects, employees, and other individuals whose data you process through the Services.
• You must configure the Services appropriately for your organization, including user permissions, identity settings, integrations, and retention practices.

We do not provide legal advice. You should consult qualified counsel regarding your compliance obligations.

6. Acceptable Use

You agree not to, and not to allow others to:

• use the Services for any unlawful, fraudulent, deceptive, or harmful purpose;
• violate any applicable law, regulation, or third-party rights;
• send spam, unsolicited bulk messages, or messages without required consent;
• use the Services to harass, threaten, defame, or discriminate;
• upload malware, attempt unauthorized access, probe or scan systems, or interfere with the Services;
• reverse engineer, decompile, or attempt to extract source code except as permitted by law;
• resell, sublicense, or provide the Services to third parties except as expressly permitted;
• use the Services to build or train a competing product using our proprietary materials or non-public aspects of the Services;
• misrepresent your identity, affiliation, or message sender information;
• use the Services to process special categories of personal data unless you have a lawful basis and appropriate safeguards;
• exceed applicable rate limits or abuse API, webhook, or integration features;
• circumvent security, billing, or access controls.

We may investigate suspected violations and suspend or terminate access where appropriate.

7. Communications Compliance

A. Email

If you send email through the Services, you agree to comply with applicable email laws and regulations, including CAN-SPAM and similar laws. You must:

• identify yourself and your organization truthfully;
• include required opt-out mechanisms where applicable;
• honor unsubscribe and do-not-contact requests promptly;
• avoid deceptive subject lines or sender information.

B. SMS and phone communications

If you send SMS messages or place calls through the Services, you agree to comply with applicable laws and industry rules, including the Telephone Consumer Protection Act (TCPA), CTIA guidelines, state telemarketing laws, and carrier/A2P registration requirements where applicable.

You represent and warrant that you have obtained all required prior express consent, written consent where required, and internal approvals before sending automated or marketing SMS messages or making regulated calls.

Message and data rates may apply to recipients. You are responsible for message content, frequency, and compliance notices.

C. Call recording and voicemail

If you use call recording, voicemail, transcription, or related features, you are solely responsible for providing any notice or obtaining any consent required by applicable law before recording or monitoring communications.

D. Sender identity and connected accounts

If you connect a Google, Microsoft, or other third-party mailbox or calendar account, you represent that you are authorized to connect that account and to send messages or access calendar data through the Services on behalf of the account holder or organization.

8. Customer Content and Data

A. Your content

“Customer Content” means data, text, files, messages, recordings, templates, contact records, and other materials you or your users submit to or generate through the Services.

You retain ownership of Customer Content, subject to the license below. You are solely responsible for the accuracy, quality, legality, and appropriateness of Customer Content.

B. License to us

You grant HiringCenter a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, and otherwise use Customer Content solely as necessary to:

• provide, maintain, secure, and improve the Services;
• comply with law;
• enforce these Terms;
• provide support and troubleshooting.

This license ends when Customer Content is deleted from the Services, except where retention is required by law or legitimate backup/archival processes.

C. Sensitive and regulated data

Unless expressly agreed in writing, you will not use the Services to store or process:

• payment card data outside approved payment flows;
• protected health information subject to HIPAA;
• government-classified information;
• data requiring specialized compliance frameworks not supported by the Services.

You are responsible for determining whether the Services are appropriate for your data and compliance needs.

D. Data export and deletion

Subject to your subscription status and account permissions, you may export or delete certain Customer Content through the Platform. Upon termination, we may delete Customer Content after a reasonable period, except where retention is required by law or permitted under our Privacy Policy.

9. Third-Party Services and Integrations

The Services may integrate with or link to third-party products and services, including payment processors, email and SMS providers, CRM systems, calendar providers, analytics tools, and AI providers.

Your use of third-party services is governed by those providers' terms and privacy policies. We are not responsible for third-party services and do not control their availability, security, or practices.

If you enable an integration or connect a third-party account, you authorize us to access and process information from that service as needed to provide the integration.

10. API, Webhooks, and Developer Use

If we provide API keys, webhooks, or developer tools:

• you may use them only as documented and only for your authorized account;
• you must keep API keys, webhook secrets, and credentials confidential;
• you must implement reasonable security on systems that receive webhook deliveries;
• you must not exceed published rate limits or use the API in a manner that degrades the Services;
• we may change API behavior with reasonable notice where practicable.

We may suspend API access for abuse, security risk, or nonpayment.

11. Fees, Billing, and Payment

A. Subscriptions and fees

Access to some or all Services may require payment of subscription fees or other charges. Fees are described on the Site, in an order form, in-app billing settings, or in a separate agreement with us.

Unless otherwise stated:

• fees are billed in advance on a recurring basis;
• fees are non-refundable except as required by law or expressly stated in writing;
• you authorize us and our payment processor to charge your designated payment method.

B. Payment processor

Payments may be processed by third-party providers such as Stripe. Your use of payment features may be subject to the payment processor's terms. We do not store full payment card numbers.

C. Taxes

Fees are exclusive of applicable taxes, duties, and similar governmental charges, which you are responsible for paying unless we are required by law to collect them.

D. Late or failed payment

If payment fails or your account becomes past due, we may suspend or limit access to the Services after reasonable notice where required. You remain responsible for unpaid amounts.

E. Price changes

We may change fees upon notice, effective at the next renewal period or as otherwise stated. Continued use after the effective date constitutes acceptance of updated fees for renewal periods.

F. Cancellation

You may cancel subscriptions through the Platform or by contacting us, subject to any minimum term or order-form commitments. Cancellation typically takes effect at the end of the current billing period unless immediate cancellation is requested and permitted.

We do not provide refunds for partial billing periods except as required by law or expressly agreed in writing.

12. Free Trials, Beta Features, and Promotions

We may offer free trials, beta features, or promotional access at our discretion.

• Trials and promotions may be modified or discontinued at any time.
• Beta features are provided “as is,” may contain errors, and may be changed or removed without notice.
• Trials require a payment method at signup and convert to the paid plan automatically at the end of the trial unless you cancel before then.

13. AI Features

The Services may include AI-assisted features such as drafting, summarization, routing suggestions, or analytics.

You acknowledge that:

• AI output may be inaccurate, incomplete, or inappropriate;
• you must review AI output before relying on it, especially for employment, legal, or compliance decisions;
• you remain responsible for messages, decisions, and actions taken using AI features;
• we may use service providers to process inputs and generate outputs as described in our Privacy Policy.

Unless expressly agreed otherwise in writing, we do not use Customer Content to train public third-party models.

14. Intellectual Property

A. Our rights

The Services, including software, design, logos, documentation, and all related intellectual property, are owned by HiringCenter or our licensors and are protected by law. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

“HiringCenter” and related marks are our trademarks. You may not use them without prior written permission.

B. Restrictions

You may not copy, modify, distribute, sell, lease, or create derivative works of the Services except as expressly permitted.

C. Feedback

If you provide suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction or compensation.

15. Confidentiality

Each party may receive non-public information from the other. The receiving party will use the disclosing party's confidential information only to perform under these Terms and will protect it using reasonable care.

Confidential information does not include information that is publicly available without breach, independently developed, or rightfully received from a third party without duty of confidentiality.

16. Service Availability and Support

We strive to provide reliable Services but do not guarantee uninterrupted or error-free operation. The Services may be unavailable due to maintenance, upgrades, outages, third-party failures, or events beyond our reasonable control.

Support levels, if any, may be described in your order form or account plan.

17. Suspension and Termination

A. Termination by you

You may stop using the Services at any time. If you wish to close an account, contact us or use available account settings.

B. Termination or suspension by us

We may suspend or terminate your access immediately if:

• you materially breach these Terms;
• your use poses a security, legal, or operational risk;
• required payment is not received;
• we are required to do so by law;
• we discontinue the Services, with reasonable notice where practicable.

C. Effect of termination

Upon termination:

• your right to access the Services ends;
• unpaid fees become immediately due;
• we may delete Customer Content after a reasonable retention period, subject to legal requirements;
• provisions that by nature should survive will survive, including payment obligations, disclaimers, limitations of liability, indemnification, and dispute terms.

18. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE.

WE ARE NOT RESPONSIBLE FOR ACTIONS TAKEN BY YOU OR YOUR USERS BASED ON AI OUTPUT, REPORTS, OR COMMUNICATIONS SENT THROUGH THE SERVICES.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

20. Indemnification

You will defend, indemnify, and hold harmless HiringCenter and our officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• your use of the Services;
• Customer Content;
• your violation of these Terms;
• your violation of applicable law;
• your communications, recruiting practices, or employment decisions;
• disputes between you and candidates, prospects, employees, or other third parties.

We may assume exclusive control of any matter subject to indemnification, and you agree to cooperate with our defense.

21. Dispute Resolution

A. Informal resolution

Before filing a claim, you agree to contact us at solutions@recruitinginsight.net and attempt to resolve the dispute informally for at least thirty (30) days.

B. Governing law

These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law rules, except where mandatory consumer protection laws in your jurisdiction apply.

C. Venue

Except where prohibited by law, the exclusive venue for disputes arising out of these Terms will be the state or federal courts located in King County, Washington, and each party consents to personal jurisdiction there.

Any dispute not resolved informally will be resolved by binding arbitration in Seattle, Washington under the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for misuse of intellectual property or unauthorized access. Class actions and class arbitrations are waived to the extent permitted by law.

22. U.S. Government Users

If you are a U.S. government entity, the Services constitute “commercial computer software” and “commercial computer software documentation” under applicable FAR provisions. Use by the U.S. government is subject to these Terms.

23. Export Compliance

You may not use or export the Services except as authorized by U.S. law and the laws of the jurisdiction in which you use the Services. You represent that you are not located in, under control of, or a national or resident of any country or person subject to U.S. embargo or sanctions.

24. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms on the Site, updating the “Last updated” date, and, where required, providing additional notice.

Your continued use of the Services after the effective date constitutes acceptance of the revised Terms, except where prohibited by law.

25. General Terms

• Entire agreement: These Terms, together with the Privacy Policy and any applicable order form or written agreement, constitute the entire agreement regarding the Services.
• Order of precedence: If you have a signed agreement with us that conflicts with these Terms, the signed agreement controls for that customer relationship.
• Severability: If any provision is unenforceable, the remaining provisions remain in effect.
• Waiver: Failure to enforce a provision is not a waiver of future enforcement.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure: We are not liable for delay or failure due to events beyond our reasonable control.
• Notices: We may provide notices by email, in-app notification, or posting on the Site.