Terms of Service

Effective Date: January 1, 2025

Last Updated: January 1, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and ZenithHire, Inc. ("ZenithHire," "we," "us," or "our") governing your access to and use of the ZenithHire AI-powered recruiting platform, website (zenithhire.org), mobile applications, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.

Important: These Terms contain an arbitration clause and class action waiver (Section 15) that affects your legal rights. Please read it carefully.

2. Definitions

  • "Customer" means an organization that has entered into a subscription agreement with ZenithHire.
  • "Authorized User" means an individual authorized by a Customer to access and use the Services.
  • "Candidate" means a job seeker whose information is processed through the Services.
  • "Customer Data" means all data, information, and content uploaded, submitted, or otherwise provided to the Services by or on behalf of Customer, including Candidate information.
  • "Documentation" means ZenithHire's user guides, technical documentation, and other materials made available to Customers.

3. Eligibility and Account Registration

3.1 Eligibility

To use the Services, you must:

  • Be at least 18 years old or the age of majority in your jurisdiction
  • Have the legal capacity to enter into binding contracts
  • Represent an organization authorized to conduct recruiting activities
  • Not be barred from using the Services under applicable laws

3.2 Account Creation

To access the Services, you must create an account by providing accurate, current, and complete information. You agree to:

  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access or security breach
  • Accept responsibility for all activities that occur under your account
  • Keep your account information up to date

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for more than 12 months.

4. Subscription and Payment Terms

4.1 Subscription Plans

ZenithHire offers various subscription plans with different features, usage limits, and pricing. Your subscription plan, fees, and payment terms are specified in your Order Form or subscription agreement ("Agreement").

4.2 Billing and Payment

  • Billing Cycle: Subscriptions are billed in advance on a monthly or annual basis as specified in your Agreement.
  • Payment Method: You must provide valid payment information (credit card or ACH). We use third-party payment processors (Stripe) to process payments securely.
  • Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle unless cancelled at least 30 days before renewal.
  • Price Changes: We may change subscription prices with 60 days' advance notice. New prices apply upon renewal.
  • Late Payments: Overdue payments may result in service suspension and incur late fees of 1.5% per month or the maximum allowed by law.

4.3 Free Trials

We may offer free trial periods for new Customers. At the end of the trial:

  • Your subscription will convert to a paid plan unless you cancel before the trial ends
  • You will be charged the subscription fee for your selected plan
  • Trial offers are limited to one per Customer and cannot be combined with other promotions

4.4 Refunds and Cancellation

  • Monthly Plans: You may cancel at any time. No refunds for partial months.
  • Annual Plans: No refunds for early cancellation unless required by law or specified in your Agreement.
  • Money-Back Guarantee: New Customers may request a full refund within 30 days of initial purchase if dissatisfied for any reason.

5. Use of Services and Restrictions

5.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, ZenithHire grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during the subscription term for your internal recruiting and talent acquisition purposes.

5.2 Usage Limits

Your subscription plan includes specific usage limits (e.g., number of users, job postings, candidate records, API calls). Exceeding these limits may result in additional fees or service restrictions. We will notify you if you approach your plan limits.

5.3 Prohibited Uses

You agree NOT to:

  • Use the Services for any unlawful purpose or in violation of any laws or regulations
  • Violate employment laws, anti-discrimination laws, or privacy regulations
  • Upload malicious code, viruses, or any harmful software
  • Attempt to gain unauthorized access to the Services or other users' data
  • Reverse engineer, decompile, or disassemble the Services or underlying software
  • Copy, modify, distribute, or create derivative works of the Services
  • Use the Services to build a competitive product or service
  • Scrape, crawl, or use automated tools to extract data from the Services
  • Remove or modify any proprietary notices or labels
  • Resell, sublicense, or transfer access to the Services without written consent
  • Use the Services to spam, harass, or engage in abusive conduct
  • Overload or interfere with the operation of the Services
  • Use Candidate data for purposes unrelated to recruiting and talent acquisition

6. Customer Data and Content

6.1 Customer Data Ownership

As between you and ZenithHire, you retain all rights, title, and interest in and to your Customer Data. You grant ZenithHire a limited license to process Customer Data solely to provide the Services and as described in our Privacy Policy.

6.2 Customer Data Responsibilities

You are solely responsible for:

  • The accuracy, quality, and legality of Customer Data
  • Obtaining necessary consents and authorizations to collect and process Candidate information
  • Compliance with employment laws, privacy laws (GDPR, CCPA), and anti-discrimination laws
  • Ensuring Customer Data does not violate any third-party rights
  • Maintaining backups of Customer Data (we provide data export tools)

6.3 ZenithHire's Use of Data

We may use aggregated, anonymized, and de-identified data derived from Customer Data to:

  • Improve and develop the Services
  • Generate benchmarks and industry insights
  • Train and improve our AI models (in a privacy-preserving manner)
  • Conduct research and analytics

Data Isolation: Your Customer Data is not shared with other Customers. AI models trained on your data are not used to benefit other Customers.

7. Data Security and Privacy

7.1 Security Measures

ZenithHire implements industry-standard security measures including:

  • SOC 2 Type II certification
  • Encryption in transit (TLS 1.3) and at rest (AES-256)
  • Multi-factor authentication (MFA)
  • Role-based access controls (RBAC)
  • Regular security audits and penetration testing
  • 24/7 security monitoring and incident response

7.2 Data Processing Agreement (DPA)

For Customers subject to GDPR, CCPA, or other data protection regulations, we will enter into a Data Processing Agreement upon request. The DPA includes Standard Contractual Clauses (SCCs) for international data transfers.

7.3 Data Breach Notification

In the event of a security breach affecting Customer Data, we will notify affected Customers within 72 hours of discovering the breach and provide details as required by applicable law.

8. Intellectual Property Rights

8.1 ZenithHire IP

ZenithHire retains all rights, title, and interest in and to the Services, including:

  • Software, algorithms, and AI models
  • User interface and design
  • Documentation and training materials
  • Trademarks, logos, and branding ("ZenithHire," the ZenithHire logo)
  • Aggregated and anonymized data and insights

8.2 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant ZenithHire a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into the Services without compensation or attribution.

9. Third-Party Integrations

The Services integrate with third-party platforms (e.g., ATS systems, email providers, calendar services). Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services or their availability, performance, or data practices.

You authorize ZenithHire to access and use third-party services on your behalf to provide the Services.

10. Service Availability and Support

10.1 Service Level Agreement (SLA)

We strive to maintain 99.9% uptime for the Services (excluding scheduled maintenance). Enterprise Customers receive an SLA with service credits for downtime. Details are specified in your Agreement.

10.2 Maintenance

We may perform scheduled maintenance with advance notice (typically outside business hours). Emergency maintenance may occur without notice.

10.3 Customer Support

Support is provided based on your subscription plan:

  • Standard Plan: Email support (business hours, 24-hour response time)
  • Professional Plan: Email and chat support (extended hours, 8-hour response time)
  • Enterprise Plan: 24/7 email, chat, and phone support with dedicated account manager (1-hour response time for critical issues)

11. Warranties and Disclaimers

11.1 Limited Warranty

ZenithHire warrants that the Services will perform substantially in accordance with the Documentation under normal use. If the Services fail to meet this warranty, your sole remedy is for ZenithHire to use commercially reasonable efforts to correct the non-conformance or, if correction is not feasible, to terminate your subscription and refund prepaid fees for the remaining term.

11.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 11.1, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that the Services will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy, reliability, or completeness of data or AI-generated insights

AI Limitations: AI-generated candidate matching, rankings, and insights are probabilistic and may contain errors. Final hiring decisions must be made by qualified human professionals. ZenithHire does not guarantee specific hiring outcomes or compliance with employment laws.

12. Limitation of Liability

12.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZENITHHIRE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

  • (A) THE FEES PAID BY YOU TO ZENITHHIRE IN THE 12 MONTHS PRECEDING THE CLAIM, OR
  • (B) $1,000 USD

12.2 Exclusion of Damages

IN NO EVENT SHALL ZENITHHIRE BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Cost of procurement of substitute services
  • Interruption of business or loss of goodwill

These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability) and even if ZenithHire has been advised of the possibility of such damages.

12.3 Exceptions

The limitations in this Section 12 do not apply to:

  • Your breach of intellectual property rights
  • Your violation of Section 5.3 (Prohibited Uses)
  • Gross negligence or willful misconduct
  • Liability that cannot be excluded under applicable law

13. Indemnification

13.1 Customer Indemnification

You agree to indemnify, defend, and hold harmless ZenithHire, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Services in violation of these Terms
  • Your Customer Data or your processing of Candidate information
  • Your violation of any laws, regulations, or third-party rights
  • Your negligence or willful misconduct

13.2 ZenithHire Indemnification

ZenithHire will indemnify you against third-party claims alleging that the Services infringe a valid U.S. patent, copyright, or trademark, provided you:

  • Promptly notify ZenithHire in writing of the claim
  • Grant ZenithHire sole control of the defense and settlement
  • Provide reasonable cooperation in the defense

This indemnity does not apply if the claim arises from:

  • Modification of the Services by you or a third party
  • Use of the Services in combination with non-ZenithHire products
  • Your use of the Services after being notified to stop due to infringement

14. Term and Termination

14.1 Term

These Terms commence when you first access the Services and continue until terminated as described below.

14.2 Termination by Customer

You may terminate your subscription at any time by:

  • Cancelling through your account settings, or
  • Sending written notice to support@zenithhire.org

Termination is effective at the end of your current billing cycle. No refunds for early cancellation unless specified in Section 4.4.

14.3 Termination by ZenithHire

We may suspend or terminate your access to the Services:

  • For Cause: Immediately if you breach these Terms, fail to pay fees, or engage in prohibited conduct
  • For Convenience: With 90 days' advance notice and a pro-rata refund of prepaid fees

14.4 Effect of Termination

Upon termination:

  • Your right to access the Services immediately ceases
  • We will delete Customer Data within 90 days unless you request earlier deletion or legal retention is required
  • You must pay all outstanding fees
  • Sections 6 (Customer Data), 8 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), and 15 (Dispute Resolution) survive termination

14.5 Data Export

Before termination, you may export your Customer Data using our data export tools. We are not responsible for Customer Data after the 90-day retention period.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@zenithhire.org to attempt to resolve the dispute informally. We will respond within 30 days.

15.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or related to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except as modified by this Section.

Arbitration Terms:

  • One arbitrator selected in accordance with AAA rules
  • Arbitration conducted in San Francisco, California or remotely by videoconference
  • Arbitration governed by the Federal Arbitration Act
  • Each party pays its own attorneys' fees and costs unless the arbitrator awards them
  • The arbitrator may award injunctive relief only in favor of the individual party seeking relief

15.3 Class Action Waiver

YOU AND ZENITHHIRE AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action against ZenithHire.

15.4 Exceptions

Either party may bring a claim in small claims court if it qualifies. Either party may seek injunctive relief in court to protect intellectual property rights.

15.5 Opt-Out

You may opt out of arbitration by sending written notice to legal@zenithhire.org within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in court.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of California and the United States, without regard to conflict of law principles. If arbitration does not apply, you consent to the exclusive jurisdiction of state and federal courts located in San Francisco County, California.

17. General Provisions

17.1 Entire Agreement

These Terms, together with your Agreement, Privacy Policy, and Cookie Policy, constitute the entire agreement between you and ZenithHire regarding the Services and supersede all prior agreements.

17.2 Amendments

We may modify these Terms at any time by posting the revised Terms on our website with a new "Last Updated" date. Material changes will be communicated via email or in-app notification at least 30 days before the effective date. Your continued use of the Services after the effective date constitutes acceptance.

17.3 Waiver

Failure to enforce any provision of these Terms does not waive our right to enforce it later.

17.4 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

17.5 Assignment

You may not assign or transfer these Terms or your subscription without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

17.6 Force Majeure

Neither party is liable for failure to perform due to circumstances beyond its reasonable control (e.g., natural disasters, acts of government, terrorism, pandemics, internet outages).

17.7 Export Compliance

The Services are subject to U.S. export control laws. You agree not to export or re-export the Services in violation of these laws.

17.8 Government Use

If you are a U.S. government entity, the Services are "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in FAR 12.212 and DFARS 227.7202. Use is subject to these Terms.

17.9 Notices

Notices to ZenithHire must be sent to:

ZenithHire Legal Department
350 Market Street, Suite 800
San Francisco, CA 94105
Email: legal@zenithhire.org

We will send notices to the email address associated with your account. You agree to keep your email address current.

18. Contact Information

For questions about these Terms, please contact:

  • Email: legal@zenithhire.org
  • Phone: +1 (555) 123-4567
  • Address: ZenithHire, Inc., 350 Market Street, Suite 800, San Francisco, CA 94105, United States

These Terms of Service were last updated on January 1, 2025. Previous versions are available upon request.