Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Recruiter Machine LLC, a Utah limited liability company (“Recruiter Machine,” “we,” “us,” or “our”), governing your access to and use of the Recruiter Machine platform, website at recruitermachine.com, APIs, and all associated products and services (collectively, the “Services”).

By creating an account, clicking “I Agree,” accepting an order form, or using the Services in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In that case, “you” and “your” refer to that organization.

If you do not agree to these Terms, you may not access or use the Services.

The following terms have the meanings set forth below when used in these Terms:

• “Account” means the account created by you to access and use the Services.
• “Candidate Data” means any personal information about job candidates that you or your Users enter into or collect through the Platform, including names, contact information, employment history, screening responses, and communications.
• “Customer” or “you” means the individual or organization that has agreed to these Terms and is subscribing to or using the Services.
• “Documentation” means the user guides, help articles, and technical documentation made available by Recruiter Machine for the Services.
• “Effective Date” means the date you first accept these Terms or begin using the Services, whichever is earlier.
• “Fees” means all amounts payable by you for the Services under these Terms and your Subscription Agreement.
• “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress, trade secret rights, know-how, and any other proprietary rights.
• “Order Form” or “Subscription Agreement” means a written or electronic agreement between you and Recruiter Machine specifying the Services, Subscription Plan, Fees, and other commercial terms.
• “Platform” means the web-based Recruiter Machine recruiting management system, including all features, workflows, dashboards, and automations accessible through your Account.
• “Services” means the Platform, website, APIs, documentation, support, onboarding services, and any other products or services provided by Recruiter Machine.
• “Subscription Plan” means the plan tier (Blueprint, Solo Launch, Solo Builder, Solo Accelerator, Solo Elite, Team Platform, Team Scale, or Team Dominate) to which you subscribe, as specified in your Subscription Agreement.
• “Users” means your employees, contractors, and agents who are authorized to access the Platform under your Account, up to the seat limit of your Subscription Plan.

3.1 The Platform

Recruiter Machine provides a cloud-based recruiting management platform that enables customers to manage candidate pipelines, automate recruiting workflows, schedule interviews, track performance metrics, communicate with candidates via SMS and email, generate client reports, and access associated analytics. The specific features available to you depend on your Subscription Plan.

3.2 Onboarding and Implementation Services

All plans above Blueprint include onboarding services consisting of kickoff calls, platform configuration sessions, sequence setup, and training. Team plans include additional role-specific training sessions. Implementation services are included in Subscription Fees unless a separate implementation fee is specified in your Subscription Agreement for custom or enterprise implementations.

3.3 Underlying Infrastructure

The Platform is built in part on GoHighLevel infrastructure. Customers interact with a configured recruiting system and are not required to have knowledge of or access to the underlying GoHighLevel platform. Recruiter Machine is responsible for maintaining and configuring the infrastructure to provide the Services.

3.4 Modifications to Services

Recruiter Machine may modify, update, or discontinue features or functionality of the Services at any time. We will provide reasonable advance notice of material changes that significantly reduce functionality included in your Subscription Plan. We reserve the right to add, modify, or remove features without notice when the change does not materially reduce your contracted functionality.

3.5 Beta Features

We may make certain features available on a beta or early-access basis. Beta features are provided “as is” without warranty and may be discontinued at any time. Your use of beta features is at your own risk, and we are not obligated to offer beta features as generally available functionality.

4.1 Eligibility

The Services are available only to businesses and individuals who are at least 18 years of age and can lawfully enter into binding contracts. By creating an Account, you represent that you meet these requirements.

4.2 Account Information

You agree to provide accurate, current, and complete information during account registration and to keep this information updated. Inaccurate information may result in account suspension or termination.

4.3 Account Security

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to:

• Use a strong, unique password for your Account
• Enable multi-factor authentication where available
• Notify us immediately at [email protected] if you suspect unauthorized access to or use of your Account
• Not share your login credentials with anyone outside of your organization’s authorized Users
• Not permit any person to use your Account who has not agreed to these Terms

Recruiter Machine is not liable for any loss or damage arising from unauthorized use of your Account credentials where such use results from your failure to safeguard your credentials.

4.4 Seat Limits

Your Subscription Plan specifies the maximum number of Users (“seats”) permitted under your Account. Each seat must be assigned to a unique individual User. You may not share a single seat credential among multiple individuals. If your team exceeds your plan’s seat limit, you must purchase additional seats at the per-seat rate specified in your Subscription Agreement.

4.5 Account Administration

You may designate one or more Users as Account Administrators with authority to configure settings, manage Users, and make changes to your subscription. You are responsible for all actions taken by your Account Administrators.

5.1 Subscription Plans and Fees

Access to the Platform requires a paid Subscription Plan. Available plans, features, and current pricing are published at recruitermachine.com/pricing and detailed in your Subscription Agreement. We offer monthly, annual, and two-year subscription terms. By subscribing, you agree to pay all Fees associated with your selected plan and term.

5.2 Billing and Payment

Fees are billed in advance at the beginning of each billing period (monthly, annually, or per the term specified in your Subscription Agreement). Payment is processed by our payment processor, Stripe, Inc. By providing payment information, you authorize Recruiter Machine (through Stripe) to charge your payment method for all applicable Fees. All Fees are quoted and payable in U.S. dollars.

5.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. Monthly plans renew monthly. Annual plans renew annually. For annual and multi-year plans, we will send a renewal reminder at least 30 days before the renewal date. It is your responsibility to cancel before renewal if you do not wish to continue.

5.4 Price Changes

We reserve the right to change Subscription Fees upon at least 30 days’ prior written notice. Price changes will take effect at your next renewal date following the notice period. Annual and multi-year plans are price-locked for the committed term; price changes only apply at renewal. If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect.

5.5 Taxes

All Fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities, including but not limited to sales tax, use tax, value-added tax (VAT), and goods and services tax (GST). You are responsible for paying all such taxes applicable to your purchases. If Recruiter Machine is required to collect taxes on your behalf, they will be added to your invoice.

5.6 Late Payment

If your payment method is declined or Fees are not received by the due date, we may suspend access to the Services with notice. Fees that remain unpaid for more than 15 days after the due date may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. You are responsible for all costs of collection, including reasonable attorneys’ fees.

5.7 Fee Disputes

If you dispute any charge, you must notify us in writing within 30 days of the invoice date. Disputes submitted after 30 days will not be considered. We will work in good faith to resolve legitimate disputes. Undisputed portions of invoices must be paid by the due date regardless of any pending dispute.

5.8 Annual and Multi-Year Terms

Annual subscriptions are paid upfront and receive the equivalent of two months free compared to the monthly rate. Two-year subscriptions are paid upfront and receive the equivalent of four months free. The per-month rate for annual and multi-year plans is locked for the duration of the committed term. Early termination of annual or multi-year plans is subject to the early termination fee set forth in Section 17.3.

5.9 Extra Seats and Add-Ons

Additional seats beyond your plan’s included seat count are billed at the per-seat rates specified in your Subscription Agreement. Seats added mid-billing-cycle are prorated. Add-on services (such as additional implementation support, custom workflow builds, or API overages) are billed as specified in your Subscription Agreement or an applicable Order Form.

5.10 Non-Refundable Fees

Except as expressly provided in Section 6 (Free Trials and Money-Back Guarantee) and the Subscription Agreement, all Fees are non-refundable. No refunds or credits are issued for partial periods, unused features, or early cancellations of monthly subscriptions.

6.1 No Free Trial

Recruiter Machine does not currently offer a free trial period. All subscriptions require payment beginning on the activation date.

6.2 Seven-Day Money-Back Guarantee

New subscribers on monthly Solo plans (Solo Launch, Solo Builder, Solo Accelerator, or Solo Elite) may request a full refund of the first month’s subscription fee within seven (7) calendar days of account activation if all of the following conditions are met:

• The request is submitted by the original account holder within 7 days of activation
• The account has been active for fewer than 3 hours of Platform usage as measured by system logs
• This is the first subscription to a Recruiter Machine plan (first-time activations only; the guarantee does not apply to plan upgrades, downgrades, or re-subscriptions)
• The refund request is submitted to [email protected] with “7-Day Refund Request” in the subject line

Refunds are processed to the original payment method within 5–10 business days. Refunds under this guarantee do not cover any setup fees, implementation fees, or third-party costs.

The 7-Day Money-Back Guarantee does not apply to: Blueprint plans, Annual plans, Multi-Year plans, Team plans (Platform, Scale, or Dominate), or any plan renewal after the initial subscription period. Annual and multi-year plans are governed by the refund terms in the applicable Subscription Agreement, which may provide a separate 30-day refund window.

6.3 Promotional Offers

Promotional offers, discounts, or trial periods may be made available from time to time. The terms of any such offer will be specified at the time of the offer and may differ from those set forth in these Terms.

Your use of the Services must comply with all applicable laws and regulations and the restrictions set forth in this Section. Violations may result in immediate suspension or termination of your Account.

7.1 Permitted Use

The Services are provided solely for your internal business recruiting and hiring operations. You may use the Services to:

• Manage your organization’s candidate pipeline and recruiting workflow
• Communicate with candidates who have applied to or expressed interest in positions at your organization
• Automate recruiting-related communications in compliance with applicable law
• Generate reports and analytics for internal business use
• Provide client portals to your recruiting clients (where permitted by your plan)

7.2 Prohibited Conduct

You may not use the Services to:

• Send spam or unsolicited messages. All candidate communications must be sent only to individuals who have applied to your positions, expressed interest in opportunities from you, or otherwise provided appropriate consent to receive such communications
• Violate messaging laws. Violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, CASL, or any other applicable messaging, email, or telecommunications law or regulation
• Conduct illegal discrimination. Use the Services in connection with any hiring process that discriminates on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or any other characteristic protected by applicable law
• Harvest or scrape data. Use automated tools to scrape, harvest, or collect data from the Platform or from third-party platforms through the Services beyond what is expressly permitted by those platforms’ terms
• Exceed platform limits. Circumvent or attempt to circumvent seat limits, API rate limits, storage limits, or other technical limitations of the Services
• Share credentials. Share login credentials among multiple individuals or allow unauthorized third parties to access your Account
• Reverse engineer. Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying algorithms of the Services
• Interfere with service. Introduce viruses, malware, or other harmful code; conduct denial of service attacks; or otherwise interfere with the integrity, availability, or performance of the Services
• Impersonate. Impersonate Recruiter Machine, its employees, or any other person or entity in communications sent through the Services
• Resell without authorization. Resell, sublicense, or otherwise make the Services available to third parties as a standalone product without Recruiter Machine’s prior written consent (white-label rights under Team Dominate plans are separately governed by the Subscription Agreement)
• Process prohibited data. Use the Services to process protected health information (PHI) under HIPAA, payment card data beyond what is routed through integrated payment processors, children’s data in violation of COPPA, or other categories of sensitive data that require specialized compliance infrastructure not provided by the Platform
• Violate third-party rights. Infringe the Intellectual Property Rights, privacy, or other rights of any third party in connection with use of the Services

7.3 Candidate Communication Compliance

You are solely responsible for ensuring that your use of the Platform’s messaging features complies with all applicable laws, including:

• Obtaining appropriate consent from candidates before initiating automated SMS communications
• Honoring opt-out requests promptly (the Platform provides automatic opt-out processing, but you are responsible for not re-adding opted-out contacts)
• Including required identification and opt-out language in messages as required by applicable law
• Complying with applicable time-of-day restrictions for automated calls and messages
• Maintaining records of consent as required by applicable law

7.4 Content Standards

All content you upload to, transmit through, or create using the Services must not be unlawful, defamatory, obscene, harassing, threatening, or otherwise objectionable. Recruiter Machine reserves the right (but has no obligation) to review, remove, or disable access to any content that violates these standards or applicable law.

7.5 Monitoring and Enforcement

Recruiter Machine reserves the right to investigate and take action against any use of the Services that violates this Acceptable Use Policy. We may, without prior notice, suspend or terminate your Account, remove content, or take other appropriate action. We may also report violations to law enforcement authorities. We are not obligated to monitor all use of the Services but reserve the right to do so.

8.1 Recruiter Machine’s Intellectual Property

The Services, including all software, algorithms, workflows, templates, dashboards, interfaces, documentation, and other content made available by Recruiter Machine, are owned by Recruiter Machine or its licensors and are protected by copyright, trademark, patent, trade secret, and other Intellectual Property Rights laws. These Terms do not transfer any ownership rights in the Services to you.

8.2 License to Use the Services

Subject to your compliance with these Terms and payment of all applicable Fees, Recruiter Machine grants you a limited, non-exclusive, non-transferable, non-sublicensable license during the Term to access and use the Services solely for your internal business recruiting purposes as permitted by your Subscription Plan. This license terminates automatically upon expiration or termination of your subscription.

8.3 Your Content and Data

You retain all Intellectual Property Rights in the content, data, and materials you submit to or generate through the Services (“Customer Content”), including Candidate Data. By submitting Customer Content to the Services, you grant Recruiter Machine a limited, non-exclusive license to store, process, display, and transmit Customer Content solely as necessary to provide the Services to you.

8.4 Feedback

If you provide Recruiter Machine with feedback, suggestions, ideas, or other input regarding the Services (“Feedback”), you grant Recruiter Machine a perpetual, irrevocable, royalty-free, worldwide license to use such Feedback for any purpose, including improving the Services, without any obligation of confidentiality or compensation to you. Feedback does not include Candidate Data or other confidential Customer Content.

8.5 Aggregate and Anonymized Data

Recruiter Machine may collect, analyze, and use aggregated, anonymized data derived from your use of the Services (such as platform usage patterns, feature adoption rates, and performance benchmarks) for the purpose of improving and developing the Services, industry research, and marketing. Such aggregated data will not identify you or your candidates individually.

8.6 Recruiter Machine Trademarks

The Recruiter Machine name, logo, and associated marks are trademarks of Recruiter Machine LLC. You may not use these marks without our prior written consent, except as expressly permitted in connection with your authorized use of the Services (e.g., identifying Recruiter Machine as your recruiting platform in your client communications).

8.7 Open Source Components

The Services may incorporate open-source software components. Your use of such components is governed by their respective open-source licenses. Nothing in these Terms limits your rights under, or grants rights that supersede, the terms of any applicable open-source license.

9.1 Data Ownership

As between you and Recruiter Machine, all Candidate Data and other Customer Content submitted to the Services belongs to you. Recruiter Machine claims no ownership rights in your data.

9.2 Data Processing

With respect to Candidate Data, Recruiter Machine acts as a data processor on your behalf. We process Candidate Data solely to provide the Services to you in accordance with your instructions and these Terms. We do not use Candidate Data for our own marketing, analytics, or any purpose other than providing the Services.

9.3 Customer Responsibilities

You are the data controller with respect to Candidate Data and are solely responsible for:

• Having a lawful basis for collecting and processing each candidate’s personal information
• Obtaining all required consents from candidates prior to entering their information into the Platform or initiating automated communications with them
• Ensuring that your recruiting practices comply with all applicable employment and privacy laws, including anti-discrimination laws
• Maintaining the accuracy and completeness of Candidate Data
• Responding to candidates’ requests to access, correct, or delete their personal information
• Complying with applicable data retention requirements

9.4 Privacy Policy

Recruiter Machine’s collection and use of personal information in connection with the Services is governed by our Privacy Policy, which is incorporated by reference into these Terms.

9.5 Data Processing Agreement

Where required by applicable data protection law (including GDPR), a Data Processing Agreement (DPA) is available to customers upon request. Customers on Team plans may request a DPA by contacting [email protected]. The DPA, once executed, is incorporated by reference into these Terms.

9.6 Data Security

Recruiter Machine implements commercially reasonable technical and organizational security measures to protect Candidate Data and other Customer Content against unauthorized access, disclosure, alteration, and destruction. See our Privacy Policy for details on our security practices and breach notification procedures.

9.7 Data Return and Deletion

Upon termination or expiration of your subscription, you have 30 days to export your Candidate Data and other Customer Content. After this 30-day period, Recruiter Machine will securely delete your data from active systems. Data may persist in backup systems for up to 90 days following deletion from active systems, after which it will be purged entirely.

10.1 Mutual Confidentiality Obligations

Each party (“Receiving Party”) agrees to hold in strict confidence all non-public information disclosed by the other party (“Disclosing Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”). Confidential Information includes, without limitation:

• For Recruiter Machine: the Platform’s source code, architecture, workflow configurations, algorithms, trade secrets, pricing terms, customer lists, and business strategies
• For Customer: Candidate Data, business information, proprietary recruiting processes, and any information marked as confidential

10.2 Obligations

The Receiving Party agrees to:

• Use Confidential Information only to exercise rights and fulfill obligations under these Terms
• Protect Confidential Information using at least the same degree of care it uses for its own similar confidential information, but not less than reasonable care
• Limit access to Confidential Information to those employees, contractors, or service providers with a need to know and who are bound by confidentiality obligations no less restrictive than these Terms
• Promptly notify the Disclosing Party upon becoming aware of any unauthorized disclosure or use of Confidential Information

10.3 Exclusions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach of these Terms by the Receiving Party
• Was rightfully known to the Receiving Party without restriction before receipt from the Disclosing Party
• Is rightfully received from a third party without restriction on disclosure
• Is independently developed by the Receiving Party without use of or reference to Confidential Information
• Is required to be disclosed by law, court order, or regulatory authority, provided the Receiving Party gives the Disclosing Party prompt written notice (if legally permitted) and reasonably cooperates with the Disclosing Party’s efforts to seek a protective order

10.4 Duration

Confidentiality obligations survive for three (3) years after termination or expiration of these Terms, except that obligations with respect to trade secrets survive indefinitely.

11.1 Uptime Commitment

Recruiter Machine targets the following monthly uptime percentages by plan tier:

“Uptime” means the Platform is accessible and operational for its core functionality, as measured over a calendar month. Uptime calculations exclude scheduled maintenance windows (with advance notice), force majeure events, outages caused by your actions or third-party services outside our control, and outages resulting from attacks on our infrastructure.

11.2 Scheduled Maintenance

We may perform scheduled maintenance that temporarily reduces Platform availability. We will provide at least 24 hours’ advance notice for scheduled maintenance that is expected to last more than 15 minutes, except in cases of emergency security patching or critical infrastructure updates that cannot be delayed.

11.3 Support

Recruiter Machine provides customer support in accordance with the support tiers associated with your Subscription Plan:

Response SLAs apply during Recruiter Machine’s normal business hours (Monday–Friday, 8 AM–6 PM Mountain Time, excluding US federal holidays). We do not guarantee resolution times, only initial response times.

12.1 Third-Party Integrations

The Services include integrations with third-party platforms (including Google, Microsoft, LinkedIn, Indeed, Zoom, Stripe, Twilio, Calendly, QuickBooks, Salesforce, HubSpot, Workday, Zapier, and Make). Your use of these integrations is subject to the terms of service and privacy policies of the respective third-party providers.

12.2 Third-Party Account Requirements

You are responsible for having valid accounts and appropriate permissions with any third-party services you connect to the Platform. Recruiter Machine is not responsible for your compliance with third-party service terms, and violations of third-party terms that affect Platform functionality are not grounds for refund or service credits.

12.3 No Endorsement

Recruiter Machine does not endorse any third-party service and is not responsible for the quality, availability, accuracy, or security of third-party services. Any issues with third-party integrations that originate with the third-party provider are outside Recruiter Machine’s control and do not constitute a Service failure under these Terms.

12.4 Changes to Third-Party APIs

Third-party platforms may change, restrict, or discontinue their APIs or integration capabilities at any time. Recruiter Machine will use reasonable efforts to maintain integrations following such changes, but cannot guarantee the continued availability of any specific integration. API-driven integration changes by third parties do not constitute a material modification of the Services for purposes of early termination rights.

12.5 GoHighLevel Infrastructure

The Platform is built in part on GoHighLevel’s infrastructure. Recruiter Machine’s agreement with GoHighLevel governs the underlying platform availability. While we endeavor to maintain service continuity, we are subject to GoHighLevel’s platform terms, pricing, and availability. Material changes to GoHighLevel’s platform that affect your contracted features will be communicated with reasonable advance notice.

13.1 Customer Responsibility

The Platform provides SMS messaging capability through A2P 10DLC-registered phone numbers. You are solely responsible for ensuring that all automated SMS communications you send through the Platform comply with applicable law, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Telephone Sales Rule (TSR), and any applicable state laws governing automated calling and messaging.

13.2 Consent Requirements

Before initiating automated SMS communications to any candidate, you must have obtained appropriate prior express written consent from that candidate as required by the TCPA and applicable regulations. Recruiter Machine provides the technical infrastructure for messaging but does not verify or guarantee the adequacy of your consent collection practices.

13.3 A2P 10DLC Registration

As part of account setup, Recruiter Machine registers your brand and messaging campaigns under the A2P 10DLC framework on your behalf using information you provide. You represent that all information provided for A2P registration is accurate and that your messaging campaigns comply with carrier guidelines and applicable law. Providing false or misleading registration information may result in message deliverability issues or account suspension.

13.4 Opt-Out Compliance

The Platform automatically processes opt-out requests from candidates who reply with STOP, UNSUBSCRIBE, CANCEL, or similar keywords. You agree not to re-add opted-out candidates to active messaging sequences without obtaining new consent as required by law. Circumventing the Platform’s opt-out processing is a violation of these Terms and applicable law.

13.5 Indemnification for Messaging Violations

You agree to indemnify, defend, and hold harmless Recruiter Machine from and against any claims, damages, penalties, fines, or liabilities arising from or related to your SMS messaging practices, including any violations of the TCPA, CAN-SPAM, or other applicable law. See Section 16 (Indemnification) for additional terms.

14.1 Affiliate Program

Recruiter Machine offers an affiliate program that allows approved participants to earn recurring commissions by referring new customers. Participation in the affiliate program is subject to the Affiliate Program Terms available at recruitermachine.com/affiliate, which are incorporated by reference into these Terms. Recruiter Machine reserves the right to modify affiliate commission rates, qualification thresholds, or program terms with 30 days’ notice to active affiliates.

14.2 Referral Bonus Program

The employee and external referral bonus program rewards individuals who refer candidates that are hired by Recruiter Machine LLC. Program terms, bonus amounts, eligibility criteria, and payment schedules are set forth at recruitermachine.com/referral-bonus. Recruiter Machine reserves the right to modify referral bonus amounts and terms at any time with 30 days’ notice.

14.3 Fraudulent Referrals

Recruiter Machine reserves the right to withhold, reverse, or reclaim any affiliate commission or referral bonus if we determine that the referral was obtained through fraudulent, deceptive, or abusive means, including but not limited to self-referrals, circular referral schemes, fake accounts, or misrepresentation of the referred party’s identity or qualifications.

14.4 Commission Payments

Affiliate commissions are paid monthly for all active referred accounts that have paid their subscription fees in the prior month. Commissions are calculated net of refunds and chargebacks. Referral bonuses are paid upon the hired candidate’s 90-day retention milestone (or per tranche schedule for leadership roles). All commission and bonus payments are subject to applicable tax withholding and reporting requirements.

15.1 “As Is” Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RECRUITER MACHINE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES
• WARRANTIES THAT DEFECTS IN THE SERVICES WILL BE CORRECTED
• WARRANTIES REGARDING RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPROVEMENT IN RECRUITING OUTCOMES, CANDIDATE QUALITY, HIRE RATES, OR RETENTION RATES

15.2 No Guarantee of Results

Recruiter Machine makes no representations or warranties regarding the outcomes you will achieve through use of the Services. Any statistics, benchmarks, or performance figures referenced in our marketing materials represent averages from certain customer experiences and are not guarantees of the results you will achieve. Actual results depend on numerous factors outside Recruiter Machine’s control, including your recruiting process, team adoption, candidate market conditions, and other variables.

15.3 Legal Compliance

Recruiter Machine does not warrant that the Services will ensure your compliance with applicable employment law, privacy law, or any other legal requirements. You are responsible for using the Services in a legally compliant manner and for seeking legal advice regarding your specific obligations.

15.4 Third-Party Content and Services

Recruiter Machine is not responsible for the accuracy, availability, legality, or quality of any third-party content, products, services, or integrations accessed through or in connection with the Services.

16.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RECRUITER MACHINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, business, or anticipated savings
• Loss of data, goodwill, or reputation
• Cost of procurement of substitute services
• Failure to recruit or retain employees
• Damages arising from TCPA violations or other messaging law violations resulting from your use of the Platform

This exclusion applies regardless of whether Recruiter Machine has been advised of the possibility of such damages and regardless of the theory of liability (contract, tort, strict liability, or otherwise).

16.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RECRUITER MACHINE’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF:

• The total Fees paid by you to Recruiter Machine in the twelve (12) months immediately preceding the event giving rise to the claim; or
• One thousand U.S. dollars ($1,000)

16.3 Exceptions

The limitations in Sections 16.1 and 16.2 do not apply to:

• Recruiter Machine’s gross negligence or willful misconduct
• Death or personal injury caused by Recruiter Machine’s negligence
• Fraud or fraudulent misrepresentation by Recruiter Machine
• Recruiter Machine’s breach of its confidentiality obligations under Section 10
• Any liability that cannot be excluded or limited under applicable law

16.4 Basis of the Bargain

You acknowledge that the limitations of liability in this Section reflect a reasonable allocation of risk between the parties and are a fundamental element of the basis of the bargain between you and Recruiter Machine. Recruiter Machine would not be able to provide the Services at the prices charged without these limitations.

16.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. To the extent such exclusions or limitations are prohibited by applicable law, they shall not apply to you, and Recruiter Machine’s liability shall be limited to the maximum extent permitted by applicable law.

17.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Recruiter Machine and its officers, directors, employees, agents, successors, and assigns from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of the Services in violation of these Terms
• Your Candidate Data, including any claim that Candidate Data infringes or misappropriates any third-party right or violates applicable law
• Your violation of any applicable law or regulation, including the TCPA, CAN-SPAM, or any employment anti-discrimination law
• Your violation of any third party’s rights, including privacy rights, Intellectual Property Rights, or contractual rights
• Any misrepresentation made by you in connection with the Services or these Terms
• Disputes between you and any candidate, client, or third party arising from your recruiting activities conducted through the Platform

17.2 Indemnification Procedure

Recruiter Machine will: (a) promptly notify you of any claim for which it seeks indemnification (failure to give prompt notice will not relieve you of indemnification obligations except to the extent you are materially prejudiced by the delay); (b) give you reasonable control over the defense and settlement of the claim; and (c) provide reasonable cooperation, at your expense, in connection with the defense of the claim. Recruiter Machine may, at its own expense, participate in the defense of any claim with counsel of its own choosing. You may not settle any claim that imposes obligations, restrictions, or admissions on Recruiter Machine without Recruiter Machine’s prior written consent.

18.1 Term

These Terms begin on the Effective Date and continue until your subscription expires or is terminated as provided herein.

18.2 Cancellation by Customer

Monthly plans: You may cancel your monthly subscription at any time by submitting a cancellation request through your account settings or by contacting [email protected]. Cancellation takes effect at the end of the current billing period. No refunds are issued for the remaining days of the current billing period.

Annual and multi-year plans: You may cancel an annual or multi-year plan at any time, subject to the early termination fee described in Section 18.4. Cancellations must be submitted in writing to [email protected] at least 30 days before the intended termination date.

18.3 Termination by Recruiter Machine for Cause

Recruiter Machine may terminate or suspend your Account immediately upon written notice if:

• You breach any provision of these Terms and fail to cure such breach within 10 days of written notice (or immediately, without cure period, for breaches of Section 7 (Acceptable Use) or Section 13 (SMS Compliance))
• You fail to pay any Fees when due and such failure continues for 15 days after notice
• You become the subject of a bankruptcy, insolvency, receivership, or similar proceeding
• Recruiter Machine is required to do so by applicable law or court order
• Continued provision of Services to you creates material legal, regulatory, or reputational risk to Recruiter Machine

18.4 Early Termination Fee

If you terminate an annual or multi-year plan before the end of the committed term (other than for Recruiter Machine’s uncured material breach), an early termination fee is due. The early termination fee is equal to 50% of the remaining Fees that would have been due for the remainder of the committed term, calculated based on the contracted monthly rate. The applicable early termination fee will be specified in your Subscription Agreement.

18.5 Effect of Termination

Upon termination or expiration of your subscription:

• Your license to use the Services terminates immediately (or at the end of the billing period for non-cause cancellations)
• You have 30 days from the termination date to export your Candidate Data and Customer Content
• After the 30-day export window, Recruiter Machine will delete your data in accordance with Section 9.7
• All outstanding Fees become immediately due and payable
• You must cease all use of the Platform and destroy any copies of Documentation in your possession

Termination does not limit Recruiter Machine’s right to pursue any other remedy available at law or equity.

18.6 Survival

The following provisions survive termination or expiration of these Terms: Sections 2 (Definitions), 8 (Intellectual Property), 9.7 (Data Return), 10 (Confidentiality), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnification), 18.5 (Effect of Termination), 19 (Governing Law), and 20 (General Provisions).

19.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

19.2 Informal Dispute Resolution

Before initiating any formal dispute resolution proceeding, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (“Dispute”) through good-faith negotiation. Either party may initiate informal dispute resolution by sending written notice to the other party describing the Dispute in reasonable detail. The parties will have 30 days from the receipt of the notice to attempt to resolve the Dispute informally. If the Dispute is not resolved within 30 days, either party may proceed to formal dispute resolution.

19.3 Binding Arbitration

SUBJECT TO SECTION 19.5 (EXCEPTIONS), ANY DISPUTE THAT IS NOT RESOLVED THROUGH INFORMAL NEGOTIATION WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS COMMERCIAL ARBITRATION RULES. The arbitration will be conducted in English and will take place in Utah County, Utah, or remotely if agreed by the parties. The arbitrator’s award will be in writing and binding, and judgment on the award may be entered in any court of competent jurisdiction.

19.4 Class Action Waiver

YOU AND RECRUITER MACHINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any class or representative proceeding.

19.5 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek relief in a court of competent jurisdiction for:

• Any claim involving Intellectual Property Rights (including claims for infringement, misappropriation, or breach of confidentiality regarding trade secrets)
• Injunctive or other equitable relief to prevent imminent and irreparable harm pending arbitration
• Claims that may be brought in small claims court (for claims within the jurisdictional limits)

19.6 Jurisdiction for Court Proceedings

For any claims or proceedings not subject to arbitration under Section 19.5, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Utah County, Utah, and waive any objection to the exercise of personal jurisdiction by or venue in such courts.

19.7 Time Limitation

Any claim or Dispute arising under these Terms must be brought within one (1) year after the cause of action arises, or it will be forever barred. This time limitation does not apply to claims for non-payment of Fees owed to Recruiter Machine.

20.1 Entire Agreement

These Terms, together with the Subscription Agreement, Privacy Policy, and any other agreements or policies incorporated by reference herein, constitute the entire agreement between you and Recruiter Machine with respect to the Services and supersede all prior and contemporaneous agreements, understandings, negotiations, and representations, whether written or oral, relating to the subject matter hereof.

20.2 Amendments

Recruiter Machine reserves the right to modify these Terms at any time. Material changes will be communicated by posting the revised Terms on our website and, for customers with active subscriptions, by email at least 30 days before the changes take effect. Non-material clarifications or corrections may be made at any time without advance notice. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you may terminate your subscription pursuant to Section 18.

20.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The invalidity of any provision will not affect the validity or enforceability of the remaining provisions.

20.4 Waiver

No failure or delay by either party to exercise any right or remedy under these Terms will constitute a waiver of that right or remedy. A waiver of any breach or provision of these Terms is not a waiver of any subsequent breach of the same or any other provision.

20.5 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without Recruiter Machine’s prior written consent. Recruiter Machine may assign these Terms without your consent in connection with a merger, acquisition, sale of all or substantially all of its assets, or operation of law. Any purported assignment in violation of this Section is void. These Terms are binding upon and inure to the benefit of the parties’ respective successors and permitted assigns.

20.6 Force Majeure

Neither party will be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, epidemics, pandemics, power outages, internet service failures, or other events beyond the affected party’s reasonable control (“Force Majeure Events”). The affected party will give prompt notice of the Force Majeure Event and will use reasonable efforts to mitigate its effects. If a Force Majeure Event continues for more than 30 days, either party may terminate the affected Services upon written notice.

20.7 Relationship of the Parties

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between the parties. Neither party has the authority to bind the other or to incur any obligation on the other’s behalf.

20.8 Notices

All notices under these Terms must be in writing and will be deemed delivered when: (a) sent by email to the address specified in your account (for notices to you from us); (b) sent by email to [email protected] (for notices from you to us); or (c) sent by overnight courier or certified mail to Recruiter Machine LLC, Orem, Utah, with confirmation of delivery. Notices to you are effective when sent to the email address associated with your Account.

20.9 Changes to Plans and Pricing

Recruiter Machine reserves the right to introduce new subscription plans, modify existing plans, or discontinue existing plans with reasonable advance notice. Plan feature additions will generally be provided without additional charge at the same plan tier. Feature removals from existing plans will be communicated with at least 30 days’ advance notice, during which period you may terminate your subscription without an early termination fee if the removed features are material to your use.

20.10 English Language Controls

These Terms are written in English. If these Terms are translated into any other language, the English version controls in the event of any conflict between the English version and any translation.

20.11 Headings

Section headings in these Terms are for convenience only and have no legal or contractual effect.

For questions, notices, or concerns regarding these Terms of Service, please contact Recruiter Machine at:

Related legal documents:

• Privacy Policy — How we collect, use, and protect personal information
• Subscription Agreement — Plan-specific commercial terms and schedules
• FAQ — Answers to common questions about the platform and terms