Terms of Service

Effective Date: January 1, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a binding agreement between you ("Customer," "you") and SquarePeg, Inc. ("SquarePeg," "we," "us," or "our"). These Terms govern your access to and use of our website (https://www.squarepeg.ai/), services, integrations, and applications (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

2. Who We Serve

SquarePeg provides recruiting and talent intelligence software to employer customers. Our Services connect with customers’ applicant tracking systems ("ATS") via third-party integrations, including Kombo, to ingest and process applicant data.

• Employers (customers) are the primary account holders and responsible for their use of the Services.
• Applicants do not create accounts with SquarePeg. Applicant data is processed on behalf of the employer through ATS integrations.

3. Eligibility

You may use the Services only if you:

• Are at least 18 years old,
• Have authority to enter into these Terms on behalf of a company or organization (if applicable), and
• Comply with these Terms and all applicable laws.

4. Accounts and Access

Employer customers may create administrative accounts to access and use the Services. The Customer is responsible for:

• Maintaining the confidentiality of login credentials,
• Ensuring only authorized users access the account, and
• All activities conducted under the account.

Customer must notify SquarePeg immediately at operations@squarepeg.ai if unauthorized use is suspected.

5. Customer Responsibilities

By using the Services, Customer agrees to:

• Provide accurate and lawful instructions for processing applicant data.
• Understand that SquarePeg does not collect or accept sensitive personal information such as Social Security Numbers, government IDs, medical data, or background check results. The Services are not designed to receive or process such data.
• Use the Services in compliance with all employment, privacy, and anti-discrimination laws.
• Acknowledge that applicant data is sourced from resumes and may be enriched with third-party data, which SquarePeg does not verify for accuracy.
• Not misuse the Services (e.g., reverse engineering, interfering with system integrity, spamming, or violating applicable law).

6. Data Processing

SquarePeg acts as a service provider/processor for applicant data ingested via ATS integrations. Employers are the controller/business and remain responsible for providing appropriate privacy notices and obtaining necessary consents from applicants.

For website visitors, admin users, and marketing activities, SquarePeg is the controller/business. Please see our Privacy Policy for details.

7. Intellectual Property

All rights, title, and interest in and to the Services (including software, algorithms, models, user interfaces, and documentation) are owned by SquarePeg and its licensors. Except as expressly granted, no rights are conveyed to Customer.

Customer may not:

• Copy, modify, or create derivative works of the Services,
• Distribute, sell, or lease access to the Services,
• Reverse engineer or decompile the Services, or
• Remove proprietary notices.

8. Payment and Subscriptions

Certain Services may require payment. Fees, billing cycles, and terms will be specified in the order form, contract, or invoice. Unless otherwise agreed in writing:

• Fees are due as stated on the invoice,
• All payments are non-refundable,
• Late payments may incur interest or suspension of access.

We use Stripe and other payment processors to handle billing securely.

9. Service Availability and Support

• SquarePeg targets 99.9% uptime as a best practice service level.
• Support is available via Slack, calls, or email, typically within 24 hours.
• Planned maintenance or downtime may occur with notice where feasible.

SquarePeg aims to provide reliable Services but does not guarantee uninterrupted or error-free operation.

10. Beta Features

From time to time, SquarePeg may release beta or experimental features. These features are provided as-is, may change, and may be discontinued at any time. Use of beta features is at Customer’s own risk.

11. Termination

Customer may stop using the Services at any time. SquarePeg may suspend or terminate access if Customer:

• Breaches these Terms,
• Misuses the Services, or
• Fails to pay fees.

Upon termination:

• Rights to use the Services end immediately,
• SquarePeg may retain or delete data consistent with its Privacy Policy and Data Processing Addendum (if applicable).

12. Disclaimers

The Services are provided “as is” and “as available.” To the fullest extent permitted by law, SquarePeg disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

SquarePeg does not guarantee that:

• The Services will meet Customer’s requirements,
• The Services will be uninterrupted, timely, or error-free, or
• Results obtained will be accurate or reliable.

13. Limitation of Liability

To the maximum extent permitted by law:

• SquarePeg will not be liable for indirect, incidental, special, consequential, or punitive damages.
• SquarePeg’s total liability under these Terms will not exceed the fees paid to SquarePeg for the Services in the 12 months before the event giving rise to liability.

Some jurisdictions do not allow exclusion of certain damages; in such cases, SquarePeg’s liability is limited to the maximum extent permitted by law.

14. Indemnification

Customer agrees to indemnify and hold harmless SquarePeg, its affiliates, officers, employees, and agents from claims, damages, losses, liabilities, and expenses arising from:

• Customer’s use of the Services,
• Customer’s violation of these Terms, or
• Customer’s violation of applicable laws or third-party rights, including misuse of applicant data.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Utah, without regard to conflict of law rules. Any dispute will be resolved exclusively in state or federal courts located in Salt Lake County, Utah, unless arbitration is required.

Arbitration: Certain disputes may be resolved by binding arbitration under the rules of the American Arbitration Association (AAA). Class actions are not permitted.

16. Force Majeure

SquarePeg will not be liable or responsible for delays or failures caused by events beyond its reasonable control, including natural disasters, acts of government, labor disputes, internet or telecommunications outages, or cyberattacks.

17. Data Security and Breach Notification

SquarePeg maintains administrative, technical, and physical safeguards to protect data. In the event of a security breach affecting customer data, SquarePeg will notify affected customers without undue delay and provide information to support compliance with applicable law.

18. Changes to Terms

SquarePeg may update these Terms from time to time. If changes are material, SquarePeg will provide notice (e.g., by posting on its website or emailing account owners). The updated Terms are effective when posted. Continued use of the Services constitutes acceptance of the revised Terms.

19. Contact

For questions about these Terms, contact:

SquarePeg, Inc.
954 S 1100 E
Salt Lake City, Utah 84105, USA
Website: https://www.squarepeg.ai/
Email: operations@squarepeg.ai

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