Terms of Service

1. Access to the Services

1.1 Provision of Services

Company will provide access to the HCP platform based on the subscription plan selected by Customer. The Services include:

• Creating requisitions and uploading job descriptions
• AI-driven sourcing, candidate analysis, and precision matching
• Human recruiter verification of candidate relevance and interview readiness
• Delivery of interview-ready candidate profiles (resume and recommendation report)
• Automated candidate outreach through the Virtual Sourcer
• Daily sourcing updates, dashboards, and progress visibility
• Credit usage management
• Model-generated sourcing strategies, filters, tags, structured variables, and match parameters

1.2 Account Registration

Customer must provide accurate registration information. Company may suspend or terminate access for misuse, policy violations, or non-payment.

2. Customer Responsibilities and Restrictions

2.1 Use Restrictions

Customer will not, and will not permit others to:

• Reverse engineer, decompile, or attempt to extract source code
• Modify, adapt, or create derivative works of the Services
• Use the Services for resale, service bureau, subcontracting, or timesharing
• Scrape, harvest, mine, or systematically extract data from the platform
• Build, train, or assist in building a competing AI recruiting, sourcing, or matching product
• Use the Services for spam, mass outreach, or unauthorized list brokering
• Use any output from the Services—including tags, filters, structured variables, or sourcing strategies—to:
  • train or improve any external AI or machine learning model
  • develop competing products
  • misrepresent the origin of the content
• Violate employment, privacy, discrimination, GDPR, CCPA/CPRA, or other applicable data protection laws

2.2 Legal Compliance

Customer is responsible for lawful use of all candidate and job data and will indemnify Company for claims arising from misuse.

2.3 Account Security

Customer is responsible for all activities under its accounts and must maintain appropriate security of its credentials.

3. Data, Output, Confidentiality, and Intellectual Property

3.1 Customer Data

Customer retains ownership of all non-public data uploaded to the platform ("Customer Data").

Customer represents it has all necessary rights and permissions to provide such data.

3.2 Output

"Output" includes all model-generated or system-generated content and deliverables, including:

• Candidate recommendations and suitability scoring
• Interview-ready candidate profiles and reports
• Filters, tags, structured variables, classification attributes
• Model-generated sourcing strategies and match parameters
• Outreach results, reply tracking, and interest classification
• Dashboards, progress summaries, and analytical insights
• Any other structured or unstructured informational content produced by the platform or Company personnel

Output may contain Personal Data governed under GDPR, UK GDPR, CCPA/CPRA, or other data protection laws.

Customer is solely responsible for evaluating Output before relying on it for hiring decisions.

3.3 Company Intellectual Property

Company retains ownership of all rights in the platform, software, AI models, sourcing logic, filters, tagging systems, structured variables, workflows, improvements, and aggregated analytics.

No intellectual property rights are transferred to Customer except the limited right to use the Services as described in this Agreement.

3.4 Confidentiality

Each party must protect the other party's confidential information using reasonable care.

Confidentiality obligations last five (5) years, except for trade secrets, which remain protected as long as applicable law permits.

3.5 Privacy and Compliance

Company will process Personal Data in accordance with:

• Company's Privacy Policy
• The EU GDPR
• The UK GDPR
• The California CCPA/CPRA
• And other applicable privacy regulations

Company acts as a "Processor" or "Service Provider" when handling Customer Data and will not "sell" or "share" personal data as defined under the CCPA.

4. Fees, Credits, Subscriptions, and Billing

4.1 Subscription Plans

Customer must maintain an active subscription (HCP Lite, HCP Expert, or HCP Enterprise) to use the Services.

Subscriptions include:

• Platform access
• Monthly allocated credits
• Free trial credits (when applicable)
• Customer support corresponding to the plan
• Monthly or annual billing cycles

4.2 Credits

• Credits are required to receive interview-ready candidates.
• One credit equals one hundred USD (1 credit = 100 USD)
• Credits roll over only while the subscription remains active
• Credits are consumed when interview-ready candidates are delivered
• Credit usage per candidate depends on role seniority and sourcing complexity.
• Bulk credit discounts apply where listed on the pricing page
• Unused credits are non-refundable and expire upon subscription termination or non-renewal

4.3 Auto Top-Up

If a Customer's balance drops below one (1) credit, HCP may automatically add:

• Ten (10) credits at ninety-five USD (95 USD) each
• Unless Customer has disabled Auto Top-Up.

4.4 Payment Terms

Unless otherwise specified:

• Subscription fees are charged at purchase or renewal
• Auto Top-Up charges are billed immediately
• Late payments may incur interest up to 1.5 percent per month
• Customer is solely responsible for all taxes except those based on Company income

4.5 Pricing Changes

Company may modify pricing by providing thirty (30) days' notice prior to the applicable renewal date.

4.6 Cancellation

Customer may cancel its subscription at any time.

Upon cancellation:

• Access continues through the current billing period
• All credits expire at the end of the subscription
• Unused credits are non-refundable and expire upon termination or non-renewal
• Customer account enters a ninety (90) day read-only period
• After the ninety (90) day period, Customer Data may be permanently deleted

No refunds are provided for partial billing periods or unused credits.

5. Term and Termination

5.1 Term

This Agreement remains effective as long as Customer maintains an active subscription.

5.2 Termination

Either party may terminate for material breach with thirty (30) days' written notice. Company may immediately suspend or terminate access for:

• Non-payment
• Misuse, fraud, or abuse
• Security risks
• Violation of this Agreement

5.3 Data After Termination

Upon termination:

• Account becomes read-only for ninety (90) days
• Customer Data may be permanently deleted after the retention period
• Confidentiality, intellectual property, payment obligations, and liability limitations survive termination

6. Warranty Disclaimer

The Services are provided "AS IS," without any warranties, including:

• merchantability
• fitness for a particular purpose
• accuracy or completeness of Output
• non-infringement
• uptime, reliability, or error-free performance

Company does not guarantee uninterrupted or error-free operation.

7. Limitation of Liability

To the fullest extent permitted by law:

• Company's total liability will not exceed the fees paid by Customer in the previous twelve (12) months
• Company will not be liable for indirect, consequential, incidental, special, or punitive damages
• Company is not responsible for hiring decisions or reliance on Output
• Company is not liable for downtime, delays, or service interruptions

8. Miscellaneous

• If any provision is held invalid, the remainder will remain in full force
• Customer may not assign this Agreement without Company's written consent
• Company may assign its rights without restriction
• This Agreement, together with the subscription terms presented at sign-up, constitutes the entire agreement
• This Agreement is governed by the laws of the State of California
• Company may reference Customer's name and logo unless Customer opts out in writing