Terms Of Service

EvoHire Inc. Terms of Service

Effective Date: March 21, 2025

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

This Terms of Service Agreement ("Agreement") governs your access to and use of the automated technical recruitment platform and related services (collectively, the "Service") provided by EvoHire Inc., an Ontario corporation ("EvoHire," "we," "us," or "our").

By registering for an account, accessing the website associated with the Service, or otherwise using the Service, you ("User," "you," or "your") agree to be bound by this Agreement and the EvoHire Privacy Policy [Insert Hyperlink to your Privacy Policy here], which is incorporated herein by reference. If you do not agree to all the terms and conditions of this Agreement, you must not use the Service.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User," "you," or "your" shall refer to such entity.  

1. Service Description

EvoHire provides an automated technical recruitment platform designed to assist professional recruiters and hiring managers in the process of hiring software engineers. The Service includes features accessible via a user dashboard, potentially including [Optional: Briefly mention key feature categories like candidate sourcing assistance, screening tools, workflow management - Be accurate!] and related functionalities as may be offered by EvoHire from time to time.

2. Account Registration and Security

• Eligibility: You must be at least 18 years old and possess the legal authority to enter into this Agreement. The Service is intended for professional business use by recruiters and hiring managers.
• Registration: To access the Service, you must register for an account by providing a valid email address and creating a password. You agree to provide accurate, current, and complete information during the registrationprocess and to update such information to keep it accurate, current, and complete.  
• Security: You are responsible for safeguarding your account password and for any activities or actions under your account, whether or not you have authorized them. You agree to notify EvoHire immediately of any unauthorized use of your account. EvoHire is not liable for any loss or damage arising from your failure to comply with these security obligations.  

3. License Grant

Subject to your compliance with this Agreement, EvoHire grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes related to recruitment activities during the term of your subscription.  

4. Acceptable Use and Prohibited Conduct

You agree to use the Service in compliance with all applicable laws and regulations (including, but not limited to, employment laws, anti-discrimination laws, and data privacy laws like PIPEDA, CCPA/CPRA, GDPR if applicable). You agree not to:

• Use the Service for any illegal purpose or in violation of any local, provincial, national, or international law.
• Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, discriminatory, or otherwise objectionable.  
• Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating their intellectual property rights or privacy rights.
• Interfere with the security-related features of the Service, including by disabling or circumventing features that prevent or limit use or copying of any content.  
• Reverse engineer or otherwise attempt to discover the source code of any portion of the Service.
• Interfere with the operation of the Service or any user's enjoyment of the Service, including by uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code.  
• Use any robot, spider, or other automated means to access the Service for any purpose without our express written permission.  
• Resell, sublicense, or otherwise make the Service available to any third party.
• Use the Service to send unsolicited communications or spam.

5. User Data and Responsibilities

• Your Data: You retain ownership of any data, information, or material that you submit, post, or display on or through the Service ("User Data"). This includes information related to job postings, hiring criteria, and any information about potential candidates you manage using the Service.
• License to EvoHire: You grant EvoHire a worldwide, non-exclusive, royalty-free license to use, process, store, reproduce, modify, and display your User Data solely to the extent necessary to provide, maintain, and improve the Service for you, and as permitted by the EvoHire Privacy Policy.
• Responsibility for User Data: You are solely responsible for the accuracy, quality, legality, and integrity of your User Data. You represent and warrant that you have obtained all necessary rights, consents, and permissions to collect, share, and use your User Data in connection with the Service, especially concerning any personal information of candidates you process using the Service. You must ensure your use of candidate data complies with all applicable privacy laws.
• Hiring Decisions: The Service is a tool to assist in the recruitment process. All hiring decisions are solely your responsibility. EvoHire disclaims all liability for any hiring decisions you make based on the use of the Service.

6. Fees, Payment, and Subscription

• Subscription Fees: Access to the Service requires payment of subscription fees as set forth on the EvoHire pricing page [Insert Hyperlink to your Pricing Page here] or in a separate agreement. Fees are billed in advance on a recurring basis (e.g., monthly or annually) as specified during sign-up.
• Payment: You authorize EvoHire (through its third-party payment processor, Stripe) to charge your chosen payment method for the subscription fees. You must provide current, complete, and accurate payment information. Failure to pay may result in suspension or termination of your access to the Service.
• Taxes: Fees are exclusive of applicable taxes (like GST/HST, PST, etc.), which you are responsible for paying.
• Price Changes: EvoHire reserves the right to change the subscription fees upon reasonable prior notice (e.g., 30 days). Your continued use of the Service after a price change constitutes your agreement to pay the modified fee amount.
• Refunds: Subscription fees are generally non-refundable except as required by law or as explicitly stated otherwise by EvoHire. [Specify your refund policy clearly - e.g., "No refunds are provided for partial subscription periods." or define specific conditions if any refunds are offered.]

7. Intellectual Property Rights

• EvoHire IP: The Service, including its underlying software, technology, visual interfaces, graphics, design, compilation, information, data, computer code, documentation, and all other elements, are the intellectual property of EvoHire Inc. and its licensors and are protected by intellectual property laws. EvoHire reserves all rights not expressly granted in this Agreement.
• Feedback: If you provide EvoHire with any feedback, suggestions, or comments regarding the Service ("Feedback"), you grant EvoHire a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, incorporate, and exploit such Feedback for any purpose without restriction or compensation to you.

8. Confidentiality

You agree to keep confidential any non-public information regarding the Service's features, functionality, and performance that EvoHire provides to you. EvoHire agrees to treat your User Data as confidential in accordance with the EvoHire Privacy Policy.

9. Term and Termination

• Term: This Agreement commences when you first accept it and continues as long as you have an active subscription or are using the Service.
• Termination by You: You may terminate this Agreement by canceling your subscription and ceasing all use of the Service. [Optional: Specify cancellation procedure, e.g., "via your account settings"]. No refunds will be provided for termination initiated by you, except as expressly stated otherwise.
• Termination by EvoHire: EvoHire may suspend or terminate your access to the Service and this Agreement immediately, without prior notice or liability, if:
  
  • You breach any material term of this Agreement.
  • You fail to pay applicable fees when due.
  • Your use of the Service poses a security risk or may harm EvoHire, the Service, or other users.
  • Required by law. EvoHire may also terminate this Agreement for convenience with reasonable notice (e.g., 30 days).
• Effect of Termination: Upon termination, your right to access and use the Service will cease immediately. You remain responsible for all fees incurred up to the date of termination. EvoHire may delete your User Data upon termination, subject to its standard data retention practices and legal obligations (refer to Privacy Policy). Sections 5 (User Data aspects), 6 (outstanding fees), 7, 8, 10, 11, 12, 13, and 15 will survive termination.

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, TITLE, AND NON-INFRINGEMENT. EVO HIRE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.USE OF THE SERVICE IS AT YOUR OWN RISK.  

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVO HIRE INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES,WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (c) ANY CONTENT OBTAINED FROM THE SERVICE; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT EVO HIRE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.  

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EVO HIRE INC. EXCEED THE GREATER OF ONE HUNDRED CANADIAN DOLLARS ($100 CAD) OR THE AMOUNTS ACTUALLY PAID BY YOU TO EVO HIRE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.  

12. Indemnification

You agree to defend, indemnify, and hold harmless EvoHire Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Service, (b) your User Data, (c) your violation of this Agreement, or (d) your violation of any applicable laws or regulations or any third-party rights (including intellectual property or privacy rights).  

13. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or provincial courts located in Toronto, Ontario, and the parties irrevocably consent to the personal jurisdiction and venue therein. [Consider adding an Arbitration Clause here after consulting with your lawyer if you prefer arbitration over court litigation].  

14. Changes to Terms

EvoHire reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect (e.g., by posting on our website or sending an email to your registered address). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.  

15. Miscellaneous

• Entire Agreement: This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and EvoHire concerning the Service and supersedes all prior agreements or communications.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.  
• Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and EvoHire's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.  
• Assignment: You may not assign or transfer this Agreement, by operation of law or otherwise, without EvoHire's prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and void. EvoHire may freely assign or transfer this Agreement without restriction.  
• Contact Information: If you have any questions about this Agreement, please contact EvoHire at: hello@evohire.ai