Terms of Service

1. Agreement to Terms

By accessing or using HireFirst's applicant tracking system platform ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access or use our Services.

These Terms apply to all users, including agencies, administrators, recruiters, and candidates who access our platform.

2. Description of Services

HireFirst provides a cloud-based applicant tracking system designed for home care agencies. Our Services include:

• Job posting and distribution to multiple job boards
• Applicant tracking and candidate management
• Interview scheduling and communication tools
• Workflow automation and pipeline management
• Reporting and analytics
• Integration with third-party services

We reserve the right to modify, suspend, or discontinue any part of our Services at any time with reasonable notice.

3. Account Registration and Security

3.1 Account Creation

To use our Services, you must:

• Be at least 18 years old
• Provide accurate, complete, and current information
• Maintain and update your information to keep it accurate
• Have authorization to bind your organization to these Terms

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your team members comply with these Terms

3.3 Account Termination

We may suspend or terminate your account if:

• You violate these Terms
• You fail to pay fees when due
• You engage in fraudulent or illegal activity
• Your use poses a security risk

4. Acceptable Use Policy

You agree NOT to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Post discriminatory, harassing, or offensive content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our Services
• Use automated tools to scrape or extract data
• Reverse engineer or decompile our software
• Resell or redistribute our Services without permission
• Upload viruses, malware, or malicious code
• Impersonate another person or organization

5. Subscription and Billing

5.1 Subscription Plans

We offer multiple subscription tiers with different features and pricing. Current plans include:

• Free: Limited features for evaluation
• Starter: $49/month for growing agencies
• Growth: $99/month for established agencies
• Enterprise: Custom pricing for large organizations

5.2 Billing Terms

• Subscriptions are billed monthly or annually in advance
• Annual subscriptions receive a discount
• All fees are non-refundable except as required by law
• Prices may change with 30 days' notice
• Failed payments may result in service suspension

5.3 Free Trials

Free trials are offered at our discretion. At trial end, you'll be charged unless you cancel. One trial per customer.

5.4 Cancellation

You may cancel anytime through your account settings. Cancellation takes effect at the end of your billing period. No refunds for partial periods.

6. Data and Content

6.1 Your Data

You retain all rights to data you upload ("Your Data"), including job postings, candidate information, and communications. You grant us a limited license to use Your Data solely to provide our Services.

6.2 Our Responsibilities

We will:

• Use commercially reasonable efforts to keep Your Data secure
• Not access Your Data except as necessary to provide Services or required by law
• Not disclose Your Data to third parties except as described in our Privacy Policy
• Implement and maintain appropriate security measures

6.3 Your Responsibilities

You are responsible for:

• The accuracy and legality of Your Data
• Having necessary rights and consents for data you upload
• Complying with applicable employment and data protection laws
• Backing up Your Data (we provide tools but you're ultimately responsible)

6.4 Data Retention

After termination, we'll retain Your Data for 90 days, then delete it unless required by law to retain it longer.

7. Intellectual Property

7.1 Our IP

HireFirst and our Services, including all software, designs, logos, and content, are protected by copyright, trademark, and other intellectual property laws. We retain all rights not expressly granted to you.

7.2 License to You

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for your internal business purposes, subject to these Terms.

7.3 Feedback

If you provide feedback or suggestions, we may use them without obligation to you.

8. Third-Party Services

Our Services integrate with third-party services (e.g., Indeed, LinkedIn, Google for Jobs). Your use of these services is subject to their own terms and privacy policies. We're not responsible for third-party services.

9. Warranties and Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We disclaim all warranties, including:

• Merchantability and fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation
• Accuracy, reliability, or completeness of content

We don't warrant that our Services will meet your requirements or that defects will be corrected.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• HireFirst shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
• These limitations apply even if we've been advised of the possibility of such damages

Some jurisdictions don't allow these limitations, so they may not apply to you.

11. Indemnification

You agree to indemnify and hold HireFirst harmless from any claims, damages, losses, and expenses (including attorney fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your Data or content you post

12. Compliance with Laws

You must comply with all applicable laws when using our Services, including:

• Employment and labor laws (e.g., anti-discrimination laws, EEOC requirements)
• Data protection regulations (e.g., GDPR, CCPA)
• Export control laws
• Anti-spam laws (e.g., CAN-SPAM Act)

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, we encourage you to contact us at legal@hirefirst.com to seek informal resolution.

13.2 Binding Arbitration

Any disputes will be resolved through binding arbitration rather than in court, except for disputes about intellectual property rights or small claims court matters.

Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

13.3 Class Action Waiver

You agree to resolve disputes individually, not as part of a class action or representative proceeding.

14. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods doesn't apply.

15. Changes to Terms

We may modify these Terms at any time. We'll notify you of material changes via email or prominent notice in our Services. Continued use after changes constitutes acceptance.

If you don't agree to changes, you must stop using our Services and may cancel your subscription.

16. General Provisions

16.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and HireFirst.

16.2 Severability

If any provision is found unenforceable, the rest of these Terms remain in effect.

16.3 Waiver

Our failure to enforce any provision doesn't waive our right to enforce it later.

16.4 Assignment

You may not assign these Terms without our consent. We may assign them without restriction.

16.5 Force Majeure

We're not liable for delays or failures due to circumstances beyond our reasonable control.

17. Contact Information

For questions about these Terms, contact us:

• Email: legal@hirefirst.com
• Phone: 1-800-555-1234
• Mail: HireFirst Inc., Legal Department, 123 Innovation Drive, San Francisco, CA 94105