Terms of Service.

By accessing, browsing, or using the Applicant Network platform (the “Platform”), operated by Employment Networks, Inc. (“Applicant Network,” “we,” “us,” or “our”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not access or use the Platform.

These Terms constitute a legally binding agreement between you and Employment Networks, Inc. They apply to all users of the Platform, including but not limited to recruiters, candidates, company representatives, and visitors. By creating an account, submitting content, or using any feature of the Platform, you affirm your acceptance of these Terms and any additional policies referenced herein.

We may update these Terms from time to time. Your continued use of the Platform after such changes constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically. If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

To access and use the Platform, you must meet all of the following eligibility requirements. By using the Platform, you represent and warrant that you satisfy each condition.

Age Requirement. You must be at least eighteen (18) years of age. The Platform is not intended for individuals under the age of 18, and we do not knowingly collect information from minors.

Legal Capacity. You must have the legal capacity and authority to enter into a binding contract. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity.

Work Authorization. If you are using the Platform as a recruiter or candidate, you must be legally authorized to work or provide recruiting services in your jurisdiction. It is your responsibility to comply with all applicable employment laws and regulations.

No Restrictions. You are not subject to any sanctions, embargoes, or legal restrictions that would prohibit you from using the Platform. You have not been previously banned or removed from the Platform for violations of these Terms.

Account Creation. To access most features of the Platform, you must create an account. Account creation and authentication are managed through Clerk, our third-party identity and authentication provider. You may register using email, single sign-on (SSO), or supported social login providers as made available through Clerk. By creating an account, you consent to the processing of your authentication data by Clerk in accordance with their privacy policy.

Accurate Information. You agree to provide accurate, current, and complete information during registration and to keep your account information updated at all times. Providing false, misleading, or outdated information is a violation of these Terms and may result in immediate account suspension or termination.

Account Security. You are solely responsible for maintaining the confidentiality of your account credentials, including any passwords or authentication tokens. You agree to accept full responsibility for all activities that occur under your account. You must notify us immediately at security@applicant.network if you suspect any unauthorized access to or use of your account.

One Account Per Person. Each individual may maintain only one account on the Platform. Creating multiple accounts to circumvent restrictions, manipulate platform features, or evade enforcement actions is strictly prohibited.

Account Types. The Platform supports multiple account types, including Recruiter, Company, and Candidate accounts. Each account type has specific features, permissions, and obligations as described in these Terms and on the Platform. You agree to use your account only in accordance with its designated type and purpose.

You agree to use the Platform in a manner consistent with all applicable laws, regulations, and these Terms. You are responsible for all content you submit, communications you make, and actions you take on the Platform.

You agree NOT to:

We reserve the right to investigate and take appropriate action against any user who violates this section, including removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

Fee Structure. Placement fees are calculated as a percentage of the placed candidate's agreed first-year compensation. Fee percentages vary based on role type, seniority level, and market conditions. Detailed fee information is provided at the time each split-fee agreement is created on the Platform. Applicant Network may charge platform fees, subscription fees, or transaction fees as described on the Platform and in your account agreement.

Payment Processing. All payments on the Platform are processed through Stripe, our third-party payment processor. By using the Platform's payment features, you agree to Stripe's terms of service and privacy policy. You authorize Applicant Network and Stripe to charge your designated payment method for all fees and charges incurred. Payment information is transmitted securely and is never stored on our servers.

Payment Terms. Placement fees are due within thirty (30) days of a confirmed placement start date. Split-fee payments to recruiting partners are processed after the placement fee has been received and the guarantee period has been satisfied. The standard guarantee period is ninety (90) days from the candidate's start date, unless otherwise specified in the placement agreement.

Refunds and Guarantees. If a placed candidate does not complete the guarantee period, a pro-rated refund or replacement search will be offered in accordance with the terms of the specific placement agreement. Disputes regarding fees or payments must be raised within thirty (30) days of the transaction date.

Taxes. You are responsible for all applicable taxes associated with your use of the Platform and any fees or payments received through the Platform. Applicant Network does not provide tax advice, and you should consult with a qualified tax professional regarding your tax obligations.

Platform Ownership. All content, features, functionality, design, code, trademarks, logos, and other intellectual property comprising the Applicant Network platform are owned by Employment Networks, Inc. or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited License. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose, subject to these Terms. This license does not include the right to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, reverse engineer, or otherwise exploit any part of the Platform without our prior written consent.

Your Content. You retain ownership of any content you submit to the Platform, including profile information, job descriptions, candidate summaries, and communications (“User Content”). By submitting User Content, you grant Applicant Network a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, and distribute your User Content solely for the purpose of operating and improving the Platform. This license terminates when you delete your content or account, except where your content has been shared with others who have not deleted it.

Restrictions. You may not: sell, trade, or transfer your Platform access to any third party; use any automated tools to scrape, extract, or harvest data from the Platform; remove, alter, or obscure any copyright, trademark, or other proprietary notices; or use Platform trademarks or branding without express written permission.

AI Features Overview. The Platform incorporates artificial intelligence and machine learning features powered by OpenAI (ChatGPT) technology. These features include, but are not limited to: intelligent candidate-to-job matching, personalized job recommendations, an AI-powered chat assistant for platform guidance, automated candidate profile analysis, and skill-based matching algorithms.

Data Processing for AI. By using the Platform, you consent to the processing of your data by AI systems. This includes the analysis of your profile information, job preferences, search history, and interactions on the Platform to generate matches, recommendations, and insights. Your data may be transmitted to OpenAI's servers for processing in accordance with their data processing agreements. We implement appropriate safeguards to protect your data during AI processing.

AI Limitations. AI-generated matches, recommendations, and responses are provided for informational purposes and as decision-support tools. They do not constitute professional advice, guarantees of employment, or assurances of candidate quality. AI outputs may contain inaccuracies, biases, or errors. You should exercise your own judgment and conduct your own due diligence before making hiring, career, or business decisions based on AI-generated information.

Automated Decision-Making. Certain Platform features involve automated processing that may influence which candidates, jobs, or partners are displayed to you. No fully automated decisions are made regarding employment or contractual outcomes without human review. All final placement decisions are made by human users of the Platform.

Opt-Out Rights. You have the right to opt out of AI-powered features and automated data processing. To exercise this right, contact us at privacy@applicant.network. Please note that opting out may limit the availability of certain Platform features, including personalized matching and recommendations. You may also request a human review of any decision that was significantly influenced by automated processing.

AI Content. Content generated by AI features on the Platform (including match summaries, recommendations, and chat responses) is provided “as is” without warranty of accuracy, completeness, or fitness for any purpose. You are responsible for reviewing and verifying any AI-generated content before relying on it.

Your privacy is critically important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the practices described in our Privacy Policy.

Analytics and Tracking. The Platform uses Google Analytics (GA4) for platform analytics and usage measurement, and Microsoft Clarity for user experience analysis including session recordings and heatmaps. These tools collect anonymized and aggregated data about how users interact with the Platform to help us identify issues, improve features, and enhance the overall user experience. For detailed information about cookies and tracking technologies, please review our Cookie Policy.

Third-Party Data Processors. In the course of providing our services, your data may be processed by the following third-party service providers: Clerk (authentication and account management), Stripe (payment processing), Supabase (database infrastructure), OpenAI (AI-powered features), Google (analytics), and Microsoft (UX analytics). Each of these providers operates under their own privacy policies and data processing agreements.

Data Security. We implement industry-standard security measures including encryption in transit (TLS 1.3) and at rest (AES-256), role-based access controls, multi-factor authentication, continuous security monitoring, and regular security audits. While we take reasonable measures to protect your data, no system can guarantee absolute security.

AS-IS Service. THE PLATFORM AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

No Guarantees. We do not warrant that the Platform will be uninterrupted, secure, or error-free, that defects will be corrected, that the Platform is free of viruses or other harmful components, or that any content or information on the Platform is accurate, reliable, or complete. We make no guarantees regarding the success of placements, the quality of candidates or job opportunities, or the reliability of any user on the Platform.

Independent Relationship. Applicant Network is a platform provider, not an employer, recruiter, or staffing agency. All users are independent parties. We are not responsible for the actions, omissions, or conduct of any user. We do not verify the accuracy of user-provided information except as expressly stated.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMPLOYMENT NETWORKS, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

AI Disclaimer. We specifically disclaim all liability for AI-generated content, recommendations, and matching results. AI features are provided as decision-support tools and should not be the sole basis for any hiring, employment, or business decision.

You agree to indemnify, defend, and hold harmless Employment Networks, Inc. and its officers, directors, employees, agents, affiliates, successors, and assigns (“Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent.

Termination by You. You may terminate your account at any time by contacting our support team at support@applicant.network or through the account settings within the Platform. Upon termination, your right to use the Platform will cease immediately. Any outstanding obligations, including unpaid fees or pending placements, will survive termination.

Termination by Applicant Network. We reserve the right to suspend or terminate your account, with or without notice, for any reason, including but not limited to: violation of these Terms; fraudulent, abusive, or illegal activity; repeated misconduct or professional violations; non-payment of fees or outstanding balances; extended inactivity (accounts inactive for more than twelve consecutive months); or at our sole discretion if we believe your continued use poses a risk to the Platform, its users, or our business.

Effect of Termination. Upon termination, your license to use the Platform is immediately revoked. We may delete your account data in accordance with our Privacy Policy and data retention schedule. The following provisions survive termination: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law. Any accrued rights or obligations, including payment obligations, will not be affected by termination.

Data After Termination. Upon account termination, you may request a copy of your data in a machine-readable format by contacting privacy@applicant.network within thirty (30) days. After this period, we may delete your data in accordance with our retention policies, except where retention is required by law.

Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (“Dispute”) informally by contacting us at legal@applicant.network. The parties will attempt in good faith to resolve the Dispute within thirty (30) days of written notice.

Mediation. If the Dispute cannot be resolved informally, the parties agree to submit the Dispute to non-binding mediation administered by a mutually agreed-upon mediator before resorting to arbitration or litigation. Mediation shall take place within sixty (60) days of the end of the informal resolution period. The costs of mediation shall be shared equally between the parties.

Binding Arbitration. If the Dispute is not resolved through mediation, it shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in the State of Delaware. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions. Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights, breach of confidentiality obligations, or other irreparable harm.

These Terms of Service and any Dispute arising out of or related to them or the Platform shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles.

For any matters not subject to arbitration under these Terms, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of Delaware. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

If you are accessing the Platform from outside the United States, you are responsible for compliance with all applicable local laws. Nothing in these Terms shall be construed to limit any rights or remedies available to you under the mandatory consumer protection laws of your jurisdiction of residence.

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. When we make changes, we will update the “Last Updated” date at the top of these Terms and post the revised version on the Platform.

Material Changes. For material changes that significantly affect your rights or obligations, we will provide at least thirty (30) days' advance notice before the changes take effect. Notice will be provided through one or more of the following methods: email notification to the address associated with your account, prominent notice within the Platform, or announcement on our website.

Acceptance of Changes. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and may terminate your account in accordance with Section 13.

Version History. We maintain previous versions of these Terms for reference. You may request a copy of any prior version by contacting legal@applicant.network.