1. Introduction

Welcome to Attributilize. These Terms of Service (the “Terms”) constitute a legally binding agreement between you and Attributilize, Inc. (referred to as “Attributilize”, “we”, “us”, or “our”). By accessing or using the Attributilize Applicant Tracking System (the “Service”), you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

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Definitions

• Service: Means Attributilize’s Applicant Tracking System product, including all features and functions as described.
• ‍User: Means any individual who uses the Service on the Customer’s behalf or through the Customer’s account or sign-ins.
• Order: Means either a written order or an online transaction for access to the Service specifying the Service, the Service subscription term, and payment information. An Order will become legally binding upon electronic acceptance or ink signature (including via scanned replicas of the same).
• Third-Party Integration: Means any third-party product, service, or job board that interoperates with the Service at the Customer’s election and is not acting on Attributilize’s behalf as a sub-processor or service provider.

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2. Data Handling Practices

Attributilize collects personal information, including name, email address, phone number, resume/CV, cover letter, application materials, portfolio samples, writing samples, references, transcripts, certifications, work samples, and additional documents as specified during the application process. We also collect technical information such as IP address, browser type, device type, operating system, referring website, pages visited on our site, and date and time of visit. We use this information to process job applications, communicate with applicants, improve our services, and comply with legal obligations.

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3. Parties and Subprocessors

Here is a list of our subprocessors: http://attributilize.com/legal/subprocessors-list

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4. Use of the Service

Attributilize shall use commercially reasonable efforts to make the Service available twenty-four (24) hours a day, seven (7) days a week, except for planned downtime and unavailability caused by circumstances beyond Attributilize’s reasonable control. Attributilize accepts no liability for any disruption or non-availability of the Service, including the ability for you to access, create or use any features or functions. Attributilize reserves the right to alter, suspend or discontinue any part (or the whole of) the Service in accordance with the Attributilize Terms of Service. These terms shall continue to apply to any modified version of the Service unless it is expressly stated otherwise.

Attributilize's total aggregate liability arising out of or relating to this Attributilize Terms of Service or its subject matter and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) will be limited to the total amount of Fees actually paid by You in the twelve (12) months preceding the event giving rise to the claim.

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5. Commitment to Data Security

Attributilize is committed to protecting the security of Users' data and systems. We implement various security measures, including encryption of sensitive data, access controls, regular security audits, and employee training on data protection best practices. Users are also responsible for maintaining the security of their data and systems.

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Attributilize does not provide any explicit warranty or guarantee regarding the security of the Service or the User's data. While Attributilize uses reasonable endeavors to ensure the security of the Service, users take full responsibility for the security of their data and systems. Attributilize disclaims all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or performance. Attributilize does not warrant that the Service will be uninterrupted, secure, available at any particular time, or error-free.

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6. Data Portability

Users have the right to data portability, which allows them to obtain their data in a structured, commonly used, and machine-readable format and to transfer this data to another service provider. Upon request, Attributilize will provide users with their data in a structured format and facilitate the direct transfer of data to another service provider where technically feasible. Users may request data portability at any time by contacting Attributilize’s Data Protection Officer (DPO).

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7. Documentation

You may reproduce and use the Documentation solely as necessary to support Users’ use of the Service.

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8. Acceptable Use

Introduction and Definitions

These Acceptable Use Terms set forth rules that apply to the access and use of the Attributilize Applications and the Attributilize Services. Your agreement to comply with and be bound by these terms is deemed to occur upon your first use of the Service. If you do not agree to be bound by these terms, you should not use the Service. These terms are not exhaustive, and Attributilize reserves the right to take remedial action in connection with content or uses not specifically described below. Attributilize may modify these terms at any time by posting a revised version on Attributilize’s website.

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Prohibited Activities

The following activities are strictly prohibited:

1. Unauthorized Access: Attempting to gain unauthorized access to the Service or its systems.
2. Spamming: Sending unsolicited bulk emails or messages.
3. Phishing: Attempting to deceive users into providing sensitive information.
4. Malware Distribution: Distributing malicious software or links.
5. Impersonation: Pretending to be another user or entity.
6. Fraudulent Activity: Engaging in any form of fraud or deceptive practices.
7. Intellectual Property Infringement: Violating any copyright, trademark, or patent laws.
8. Harassment: Engaging in any form of harassment or bullying.
9. Hate Speech: Promoting hate speech or discriminatory content.
10. Illegal Activities: Engaging in any activity that is illegal under applicable laws.
11. Data Scraping: Attempting to scrape or harvest data from the Service without permission.
12. Denial of Service Attacks: Engaging in any form of denial of service attack.
13. Account Sharing: Sharing your account credentials with others.
14. Misrepresentation: Providing false or misleading information about your identity or activities.
15. Violation of Privacy: Violating the privacy rights of others.

Attributilize reserves the right to take appropriate action, including termination of your account, if you engage in any of the prohibited activities listed above.

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By logging into your Attributilize account, you agree to be bound by our Acceptable Use Terms. Your agreement to comply with and be bound by these terms is deemed to occur upon your first use of the Service. If you do not agree to be bound by these terms, you should not use the Service. These terms are not exhaustive, and Attributilize reserves the right to take remedial action in connection with content or uses not specifically described below. Attributilize may modify these terms at any time by posting a revised version on Attributilize’s website.

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9. Communication Terms

All communication and documentation sent to you by Attributilize will be in English. You may communicate with us in English.

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Attributilize reserves the right to monitor compliance with these terms and investigate any violations. If we determine that you or your content violates these terms or the Attributilize Services Agreement, we may remove or suspend access to your content or suspend your access to the Services.

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10. Privacy Policy

Attributilize’s privacy policy is available at http://attributilize.com/privacy. Your use of the Service is subject to this Privacy Policy.

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11. Arbitration Agreement

PLEASE BE AWARE THAT SECTION 11 BELOW CONTAINS AN ARBITRATION AGREEMENT THAT APPLIES TO ALL USERS LOCATED IN THE UNITED STATES. PLEASE READ SECTION 11 CAREFULLY. THE ARBITRATION AGREEMENT PROVIDES, WITH LIMITED EXCEPTIONS (WHICH ARE LISTED IN SECTION 11(a)), THAT DISPUTES BETWEEN YOU AND ATTRIBUTILIZE WILL BE RESOLVED BY BINDING ARBITRATION.

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12. Term and Termination

General Termination Rights

‍Either party may terminate this Agreement for convenience upon fourteen (14) days’ prior written notice to the other party. In addition, Attributilize reserves the right to suspend or terminate the Services in whole or part at any time, with or without cause, and with or without notice, without incurring liability of any kind.

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Termination for Cause

If Attributilize determines in its sole discretion that you or any of Your Authorized Users have violated any element of these Terms, your access may be immediately suspended or terminated, up to and including the termination of the Agreement by Attributilize, with or without notice.

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Intellectual Property Infringement

In the event that your right to continue using the Services and/or Software are likely to be enjoined in our sole discretion, we may attempt to obtain the right for you to continue to use the Services and Software; replace or modify the Services and/or Software so that they no longer infringe but function substantially equivalently; or if neither is commercially practicable, we shall have the right to terminate the Agreement and the license granted hereunder, and within thirty (30) days of the return of all confidential information to us by you, and return of Your Data to you, refund to you all unearned fees paid by you, if any, for any Services not yet performed.

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Data Retention and Deletion

Upon termination of this Agreement, the following data retention and deletion policies shall apply:

• Data Retention Period: All data will be retained for a period of ninety (90) days after termination.
• Data Deletion Process: Attributilize will securely delete all data within thirty (30) days following the retention period. Users will be notified prior to deletion.
• User Access to Data: Users will have access to their data during the retention period. Users may request data deletion at any time during this period.

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Return of Confidential Information

Upon termination of this Agreement, you agree to return all Confidential Information to Attributilize within thirty (30) days.

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Refund Policy

Orders are strictly non-refundable and are decided on a case-by-case basis.

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13. Third-Party Integration

Definition

A Third-Party Integration is defined as any third-party product, service, or job board that interoperates with the Service at the customer's election and is not acting on Attributilize’s behalf as a sub-processor or service provider.

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Quality & Compliance

The customer represents, warrants, and undertakes that any Third-Party Integration will:

• Be of satisfactory quality, free of any material defects, and fit for its purpose.
• Comply with all requirements under the Terms of Service and any additional requirements notified by Attributilize from time to time.
• Comply with the terms of any Third-Party Platform and all applicable laws.
• Not degrade the functionality or performance of the Attributilize Services or API.
• Not contain or include any malicious software.

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Liability and Indemnification

Attributilize is not responsible for, and shall have no liability arising from, the acts or omissions of any Third-Party Integration. The customer will indemnify Attributilize for any claims arising from the customer’s use of or disclosures to any Third-Party Integration.

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Customer Responsibility

The customer is solely responsible for ensuring it has all rights and a lawful basis to disclose customer data to any Third-Party Integration, including providing required notices to candidates and obtaining any required consents.

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14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law principles.