Terms of Service | Smart Signal

1. Agreement to Terms

By accessing or using Smart Signal ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all users, including organizations and their team members.

2. Description of Service

Smart Signal is an applicant tracking system (ATS) and recruiting platform that helps organizations manage their hiring process. Features include:

Job posting and candidate management
Resume parsing and candidate tracking
Interview scheduling and feedback collection
Email communication with candidates
AI-powered recruiting assistance
Team collaboration tools

3. Account Registration

To use certain features, you must register for an account. You agree to:

Provide accurate and complete information
Maintain the security of your password
Promptly update any changes to your information
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Acceptable Use

You agree NOT to use the Service to:

Violate any applicable laws or regulations
Discriminate against candidates based on protected characteristics
Send spam or unsolicited communications
Upload malicious content or malware
Attempt to access other users' data without authorization
Reverse engineer or copy our software
Interfere with the proper functioning of the Service
Use the Service for any purpose other than recruiting/hiring

5. Your Data and Content

You retain ownership of all data and content you upload to the Service ("Your Content"). By using the Service, you grant us a limited license to:

Store and process Your Content to provide the Service
Create backups for data protection
Use anonymized, aggregated data to improve our Service

You are responsible for ensuring you have the right to upload and process candidate data, including compliance with applicable privacy laws.

6. Candidate Data Responsibilities

When using the Service to process candidate information, you agree to:

Comply with all applicable employment and data protection laws
Obtain necessary consents from candidates before processing their data
Use candidate data only for legitimate recruiting purposes
Implement appropriate data retention policies
Respond to candidate data access or deletion requests
Not discriminate unlawfully in your hiring practices

We are a data processor acting on your behalf. You remain the data controller responsible for your use of candidate data.

7. AI-Powered Features

Our Service includes AI-powered features. You acknowledge that:

AI suggestions are recommendations, not decisions
You are responsible for final hiring decisions, not the AI
AI outputs may contain errors or biases
You should review AI-generated content before using it
We are not liable for decisions made based on AI suggestions

8. Fees and Payment

During our beta period, the Service is provided free of charge.

When we introduce paid plans:

We will provide at least 30 days notice before charging
Existing users will have the option to continue on a free tier or upgrade to paid features
Fees are billed monthly or annually in advance
No refunds for partial months
You can cancel anytime; service continues until end of billing period
We may change pricing with 30 days notice

9. Intellectual Property

The Service and its original content (excluding Your Content), features, and functionality are owned by Smart Signal and are protected by intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without explicit written permission.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free. You use the Service at your own risk.

You are solely responsible for compliance with applicable employment laws, including but not limited to EEOC, GDPR, CCPA, and other data protection regulations. We provide tools to assist with compliance but cannot guarantee your compliance with these laws.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART SIGNAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability for any claims arising from the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

12. Indemnification

You agree to indemnify and hold harmless Smart Signal from any claims, damages, or expenses (including legal fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Your hiring practices or decisions

13. Termination

You may terminate your account at any time through your account settings or by contacting us. We may terminate or suspend your account for:

Violation of these Terms
Suspected fraudulent or illegal activity
Extended periods of inactivity
At our discretion with reasonable notice

Upon termination, your right to use the Service ceases immediately. You may request export of your data before termination.

Upon termination:

You have 30 days to export your data
After 30 days, we will delete your data unless legally required to retain it
Some data may persist in backups for up to 90 days

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms and updating the "Last updated" date.

Continued use of the Service after changes constitutes acceptance of the new Terms.

15. Governing Law

These Terms shall be governed by the laws of the State of Maryland, without regard to conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in Baltimore County, Maryland.

16. Arbitration Agreement

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except for disputes related to intellectual property rights which may be brought in court.

You waive your right to a jury trial and to participate in class actions. Each party will bear their own costs of arbitration.

17. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18. Third-Party Services

We use the following third-party services to provide the Service:

Supabase - Database and authentication
Resend - Email delivery
OpenAI - AI features
Vercel - Application hosting
Fly.io - Backend hosting
Google - Calendar integration

These services have their own terms and privacy policies. We will notify you of material changes to our service providers.

19. Contact Us

If you have questions about these Terms, please contact us at:

support@ssignal.app