Brivity Recruiter / Recruiter.ai Terms of Use

These Brivity Recruiter Terms of Use (“Recruiter Terms” or “Agreement”) form a part of, and are incorporated into, the Brivity Terms of Service, and apply to anyone who accesses or uses the Brivity Recruiter Service (“Recruiter Service”). By accessing or using the Recruiter Service, you agree to these Recruiter Terms in addition to the Brivity Terms of Service (the “Terms”), Privacy Policy, and any add-on feature terms of service associated with any other features, products, or services you are accessing through your Account. 

Throughout these Recruiter Terms, Brivity, Inc may be referred to as “Brivity”, “we”, “us”, and “our”. Brivity’s website, applications, and other services provided by us are collectively referred to as “Service”. Individuals or entities who purchase the Service, access, or utilize the Service, or create an account (“Account”) are referred to as “Customer”. Customer may be referred to in this Agreement as “you” and “your” as applicable. The parties to this Agreement shall be known collectively as the “Parties” and singularly as a “Party”. Any capitalized terms that are used but not defined in these Recruiter Terms have the same meaning as set forth in the Terms.

  • No Legal Advice. You acknowledge that no part of the Recruiter Service constitutes legal or human resources advice. The templated and AI generated Job Postings are not guaranteed to be in compliance with any particular law, code, or regulation governing or related to privacy matters, tax, occupational safety & health, or labor/employment rights, protections and regulations. You understand and agree that it is your sole responsibility to ensure that all Job Postings created and implemented via your Account are in full compliance with all applicable laws, codes, and regulations. 

  • Sole Responsibility. 
    • You assume sole responsibility for the content of any job posting or advertisement (“Job Posting”) made through your Account, regardless of whether the Job Posting was created (1) with or without your knowledge by persons accessing your Account; (2) using a template provided by us; or (3) using AI functionalities within Brivity Recruiter.

    • You assume sole responsibility for any hiring decisions that you make as a result of any such Job Posting. Brivity has no responsibility for any employment decisions made by you in connection with any Job Posting made through the Recruiter Service.
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    • You assume sole responsibility for the processing and storage of any job applicant’s data provided to you through use of the Recruiter Service. You are responsible for providing the job applicant with information regarding the handling of their data by you, including but not limited to how you collect, process, share, and store their data. It is your responsibility to provide job applicants with a privacy policy including all necessary disclosures about your data is gathered, stored, processed, disclosed, shared, your obligations as a data controller, and any rights afforded to the job applicant under applicable data privacy laws, rules, or regulations in their jurisdiction. 

  • Compliance With Law. It is your responsibility to ensure that the content of your Job Posting does not violate any applicable laws. At a minimum, you must ensure that any Job Posting:
    • Complies with applicable local, state, and federal laws, codes, and regulations, including but not limited to laws relating to anti-discrimination, labor and employment, equal employment opportunity, and eligibility requirements, applicants with criminal records, posting salary ranges, data privacy, data access and use, defamation, consumer protection, and intellectual property.
    • Do not contain any job requirement or criterion that discriminates on the basis of race, sex (including gender identity, sexual orientation, and pregnancy), age, physical or mental disability, religion, national origin, citizenship, military or veteran status, genetic information or any other characteristic protected by applicable law.
    • Do not include any screening requirement or criterion where such requirement or criterion is not an actual, legitimate, and lawful requirement of the job.
    • Do not prohibit applications from individuals with criminal convictions, criminal records, and/or felonies, unless such criterion is a legally permissible and legitimate requirement of the job or is required by law.
  • Prohibitions on Use. You agree that you will not, and you will not enable or authorize any third party to use the Recruiter Service to:
    • Create a Job Posting that violates any federal, state, or local law.
    • Post offensive content or expose a job applicant to content that is vulgar, illicit, or profane.
    • Create a Job Posting that requires a job applicant to pay for employment or otherwise bear costs related to employment in violation of applicable law.
    • Create a Job Posting that intentionally misrepresents the job, hiring company, or poster.
    • Create a Job Posting without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed.
    • Transfer, sell, share, or otherwise provide a job applicant’s personally identifiable information, resume, or application data to any party outside your organization or to use said information for any purpose not directly related to the employment of the job candidate without the job applicant’s express consent. 
    • Contact a job applicant for purposes not related to the specific employment opportunity described in the Job Posting, including but not limited to spam, surveys, contests, casting calls, auditions, business opportunities, or pyramid schemes.
    • Contact, harass, stalk, or otherwise engage with any job applicant after they have requested to not be contacted. 
    • Engage in any illegal or fraudulent conduct.
    • Create a Job Posting that contains malware, spyware, or any other malicious code, or otherwise interferes with the operation of Brivity or any of its clients, users, viewers, visitors, or affiliates. 

  • Job Transparency. We expect you to have transparent and accurate information in your Job Posting and throughout your entire job applicant onboarding process, including your obligations to ensure that (1) all elements of job content and communication with job applicants accurately reflect the opportunity offered; (2) each Job Posting represents a real and current job opening; and (3) the job content uses industry standard language so that job applicants qualified for the opportunity would understand the responsibilities, qualifications, and compensation. 

  • Subscription Fees. Payment will be collected according to the payment and subscription plan you purchased through your Account. The obligation to pay the subscription fees shall apply irrespective of whether or not you use the Recruiter Service, and we will not refund any amounts that you have already paid. Brivity reserves the right, upon notice to you, to change prices or institute new charges. Your continued use of the Recruiter Service following such notification shall constitute your acceptance of any new or increased charges. 

  • Term & Termination. These Recruiter Terms and the Recruiter Service shall commence upon payment and remain in effect for one month (the “Term”) unless terminated by either Party as set forth herein. The Recruiter Service will automatically renew for an additional Term unless you cancel the Recruiter Service prior to the renewal date. You may cancel the Recruiter Service at any time through your Account, or by contacting us at tos@recruiter.ai.

  • Removal of Content. Brivity retains the right to monitor any Job Posting made through the Recruiter Service to determine whether the content is appropriate and in compliance with these Recruiter Terms. We may remove any content that we reasonably believe violates the law or any Recruiter Terms, or any other applicable terms posted to the Service, at our sole discretion without prior notice to you. In the event that we remove any Job Posting, we will use commercially reasonable efforts to notify you. 

  • Modification to Service. Brivity reserves the right to, at any time, modify or discontinue, temporarily or permanently, the Recruiter Service (or any part thereof) with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Recruiter Service.

  • Data Privacy. You retain all rights in and to any data and information that you input or upload into the Recruiter Service (“Customer Data”). You are solely responsible for the content of your Customer Data and shall secure the rights necessary for us to provide you with the Recruiter Service without violating the rights of any third party.

  • Suspension. Brivity may suspend or terminate your access to the Recruiter Service if, at our sole discretion, we reasonably believe that your use violates any applicable law, rule or regulation, these Recruiter Terms, or any other applicable terms posted to the Service. 

  • Use of Artificial Intelligence. You acknowledge that we may use Artificial Intelligence (“AI”) technologies to assist or replace human decision-making whilst providing the Recruiter Service to you and for purposes including, but not limited to, risk assessment, statistical, trend analysis and planning; and to make decisions, provide, operate, process, and administer the Recruiter Service. Your use of any AI functionalities provided by Brivity may be subject to federal, state, or local laws, rules, and regulations, and you agree that such use is compliant with any applicable laws, rules, or regulations.

  • Job Applicant Outreach. Your use of the Recruiter Service for job applicant outreach, whether provided via electronic mail, SMS, text messaging, telephone calls, voicemails, autodialers, artificial or prerecorded messages, or any other medium, must be in compliance with all applicable federal, state, and local laws, codes, rules, regulations, and orders, and all applicable carrier policies. You shall be solely responsible for the content of all messages, the selection of recipients, the procurement of consent from all recipients, and the time and means of delivery of such messages. Under no circumstances may you use the Recruiter Services for the purpose of marketing goods or services, and doing so is a material breach of this Agreement. 

  • Third Party Integration. The Recruiter Service may utilize certain third‐party services or integrations. Your use of such services or integrations shall comply with all applicable law, regulation, and third‐party rights. You acknowledge and agree that: (1) the use of third party services are subject to the terms and conditions of each third party service provider; (2) you may be required to grant Brivity access to your third party service account and/or grant the third party service provider access to your Brivity account; and (3) Customer Data may be transferred between Brivity and the third party service provider as required and authorized by you for the interoperation with the Recruiter Service. Since Brivity does not provide such third party services, we cannot guarantee the reliability and continued availability of such third party integration and may stop supporting them at any time, including if the third party service provider ceases to make its application or service available for integration with the Recruiter Service or changes the way it does so in a way that is not reasonably acceptable to us. To the maximum extent permitted by law, we shall not bear and expressly disclaim all responsibility or liability of any kind relating to such third party integrations, including, without limitation, for any disclosure of, access to or other processing of Customer Data by third party service providers.

  • Indemnification. You agree to defend, indemnify, and hold Brivity harmless, including our parent companies, subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees (the “Indemnified Parties”) from and against any loss, damage, fines, penalties, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Recruiter Service; (2) breach of these Recruiter Terms by you; (3) any breach of your representations and warranties set forth in these Recruiter Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) the nature and content of all Customer Data processed by Brivity. Notwithstanding the foregoing, Indemnified Parties reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties, and you agree to cooperate, at your expense, with our defense of such claims. The Indemnified Parties will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. Under this Agreement, indemnification will be unlimited as to amount. Your obligation to indemnify the Indemnified Parties will continue: (a) so long as the Indemnified Parties are or will be subject to any possible claim or threatened, pending or completed action, suit or proceeding, whether civil, arbitrational, administrative, or investigative that results from your use of the Recruiter Services; or (b) until terminated by an agreement in writing signed by all applicable parties. All payments under this provision owed by you to the Indemnified Parties will be made in full in immediately available funds within sixty (60) days of receipt of notice of indemnity from the Indemnified Parties and without deduction for any counterclaim, defense, recoupment, or set-off.

  • Disclaimer & Limitation of Liability. EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, IN NO EVENT SHALL BRIVITY OR ITS SUPPLIERS OR LICENSORS BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL (INCLUDING ANY ERROR OR DAMAGE ATTRIBUTABLE TO ANY NETWORK OR SYSTEM), (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) ANY DIRECT DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE AMOUNTS PAID TO US HEREUNDER WITH RESPECT TO THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE TWELVE-MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

  • No Warranty. Brivity makes no warranty or representation that the Recruiter Service will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of the Recruiter Service.

  • Privacy. Brivity cares about your privacy. By using the Recruiter Service you consent to the collection, use and disclosure of your personally identifiable information, and to have your personally identifiable information collected and used by us and all of our subsidiaries as provided in our Privacy Policy. By providing Brivity with your email address and/or phone number, you consent to us using the email address and/or phone number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address and/or phone number to send you other messages, including notifications relating to the Service, legal notices, and marketing materials, in each case as set out in our Privacy Policy.
  • Release. If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party. If you are not a California resident, you waive your rights under any statute or common law principles similar to Section 1542 that governs your rights in the jurisdiction of your residence.

  • Mandatory Arbitration. If any dispute arises between the parties with respect to the interpretation or enforcement of this Agreement that cannot be solved directly between the Parties in 30 days or less by good faith negotiation, then the Parties shall submit the dispute to binding arbitration held in Bellingham, Washington, in accordance with the American Arbitration Association. The arbitration shall be conducted by one arbitrator, mutually agreed upon by the Parties, who shall be knowledgeable regarding the subject matter of this Agreement. The arbitration will be final, and binding and the arbitrator’s order will be specifically enforceable in any court of competent jurisdiction. The arbitrator shall award reasonable attorney fees, costs (including expert costs), expenses, and the arbitrator’s fees to the prevailing Party in accordance with the Commercial Arbitration Rules of the AAA. The prevailing Party also shall be entitled to recover all reasonable costs and fees that may be incurred in enforcing any judgement or award, and this provision shall not be merged into any judgement but shall survive any judgement.

  • Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION SHALL BE JOINTED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND BRIVITY SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.

  • Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in these Recruiter Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever. No relationship of exclusivity shall be construed in these Recruiter Terms.

  • Consumer Complaints. Under California Civil Code §1789.3, California customers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  • Changes to Terms. From time to time, we may change these Recruiter Terms, and any of the documents referenced herein, to meet technical, operational, and legal changes. We will post a notice about changes made to these Recruiter Terms on the Service and will notify you by email, within a reasonable time, of any material change to these Recruiter Terms. Your continued use of the Service after receiving notice of any such changes shall constitute your acceptance of the Recruiter Terms.

  • How to Contact Us. If you have any questions or concerns about the Service or these Recruiter Terms, please contact us at tos@recruiter.ai. Please allow up to 24 hours for someone to respond to your request.