(Revised and Effective – September 18th, 2020)
1. License to Use Services
2. Description of Services
Users have access to the following Services, in a format and according to the technical means that we deem the most appropriate.
2.1 Job Ad Platform Service
Appcast shall provision a license to use an online job ad exchange service that enables Customer to upload and promote job ads via a network of websites (the “Appcast Job Ad Platform”) for the exclusive use by you and your Users for the sole purpose of posting and managing your job advertisements to the Appcast Publisher Network (as defined below ). Management of job advertisements via the Job Ad Platform may include: setting per applicant pricing, minimum and maximum limitations on applicants, adding and removing jobs from the platform, etc.
2.2 Appcast Publisher Network Service
3. User Responsibilities; Prohibited Conduct
The Services and Site may be used solely by employers seeking job applicants and in accordance with our standard documentation, which may be published by Appcast and made available to you from time to time. You may not use the Services or Site to determine a consumer’s eligibility for: (a) credit or insurance for personal, family or household purposes; (b) employment; or (c) a government license or benefit. Appcast may not be considered an employer with respect to your use of the Site or Services and we are not responsible for any employment decisions made by any person or entity posting jobs via the Site or Services.
You will maintain and comply with privacy policies and practices that comply with applicable law and conform to industry best practices. You represent and warrant that your User Communications will not: (a) be false, inaccurate or misleading; (b) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation (including without limitation consumer protection, unfair competition, anti-discrimination and false advertising); (d) be libelous, threatening, defamatory, harassing, obscene or contain any kind of pornography; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (f) create liability for us or cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers; or (g) interfere with the ability of others to enjoy our Site or Services.
Additionally, you represent and warrant that you will not: (h) use any data mining robots, spiders or similar data gathering or extraction methods; (i) violate or attempt to violate the security of the Site or Services; (j) reverse engineer or decompile any part of the Site or Services; (k) aggregate, copy or duplicate any of the Appcast IP or information available via the Site or Services, other than as permitted by these Terms; (l) except for Users, share with a third party any login credentials to the Site or Services; or (m) access data or any part of the Site or Services not intended for you.
You acknowledge that the timely placement of pixels and access to jobs by Appcast relies on the timely communication and action by your applicant tracking system and support career portal vendors.
4. Fees & Payment.
Appcast will calculate the fees owed based on data collected via the Services, which you agree will be the system of record for determining the number of Appcast Driven Applications and corresponding fees. We will invoice you for all fees on a monthly basis. Unless you have pre-paid the fees, you will remit payment to Appcast within thirty (30) days after issuance of each invoice.
4.1.1 Per Applicant Fees
You will pay to Appcast a fee for each Appcast Driven Application (defined below) submitted to you or your application tracking system. “Appcast Driven Application” means a job application or other conversion event generated by an applicant who navigated to your website or application tracking system after clicking on a job advertisement published via the Services. The fee for each Appcast Driven Application will be the cost- per-applicant designated by us when you use the Services. The purpose is to allow for conversion payments that occur with CPC or other performance events that are not only CPA.
4.2 Fee Changes
Appcast may change the fees and payment policies for the Services by notifying you in writing (including email) at least thirty days before the change takes effect.
The Users who do not accept the new fees must cancel their Subscription according to the provisions set out in Section 7. Users who continue to use the Services after the new fees become effective will be deemed to have accepted them.
5. Proprietary Rights
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Site or via the Services are registered and unregistered trademarks, trade names and service marks owned by Appcast and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by us. Nothing grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site or via the Services without our written permission or the written permission of such third-party owner.
You have and shall retain ownership of your User Communications. You declare and warrant to us that you are entitled to transmit, use or post User Communications and have all relevant licenses and consents from any relevant third parties. Further, we and our affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Communication you send via the Site or Service for developing, marketing and providing products and services. You further acknowledge and agree that we own all of the information we collect from job applicants, including information collected via cookies and web beacons regarding job ad views, job application starts and job application completions. Further, in no event will we publicly disclose any performance-related data specific to you.
Appcast may issue a press release announcing the relationship contemplated by this Agreement and will be entitled to refer publicly to you as an Appcast publisher in connection with advertising, marketing, publicity and other promotional activities. You grant to Appcast non-exclusive license to use your name, trademarks, trade names and logos in connection with such promotional activities.
7. Discontinuance, Modification, & Restrictions
Unless you have purchased a Subscription, you may discontinue using the Services at any time; provided, however, that you will pay Appcast the fees due and payable for any Appcast Driven Applications generated within seven (7) days after the effective date of termination.
In the event you discontinue using the Services or Site or we discontinue providing the Services or Site, the following provisions will survive: Sections 9, 10, 11, 12, 13, 14, 17 and all payment obligations.
9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. APPCAST DOES NOT EVALUATE, SCREEN OR CENSOR THE APPLICATIONS SUBMITTED IN CONNECTION WITH THE SERVICES OR THE APPLICANTS THEMSELVES. APPCAST IS NOT INVOLVED IN AND DOES NOT CONTROL THE TRANSACTION BETWEEN A JOB APPLICANT AND YOU. ACCORDINGLY, APPCAST IS NOT RESPONSIBLE FOR YOUR INTERACTION WITH ANY PERSON WHO CONTACTS YOU, INCLUDING JOB APPLICANTS, IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE SITE.
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES AVAILABLE AT THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR FREE. WE PROVIDE OUR SITE AND SERVICES FROM OUR OFFICES WITHIN THE UNITED STATES. WE MAKE NO REPRESENTATION THAT THE SITE AND SERVICES IS APPROPRIATE, LEGAL OR AVAILABLE FOR USE IN OTHER LOCATIONS.
THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION 8 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
10. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES (OR DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF, THE SITE OR SERVICES PROVIDED HEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER COMMUNICATIONS.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE THREE-MONTH PERIOD PRIOR TO ANY CLAIM.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
13. Governing Law
You are solely responsible for your interactions with other users of the Site or the Services. We reserve the right, but not the obligation, to monitor disputes between you and other users.
You may not take legal action against Appcast without first (a) sending us, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, toward resolution of the dispute.
15. Force Majeure
Appcast will not be liable for failure or delay in performing its obligations because of causes beyond its reasonable control, including without limitation acts of God, terrorism, war, riots, fire, earthquake, flood or degradation or failure of third-party networks or communications infrastructure.
16. Additional Terms
Appcast Xcelerate ResumeX Terms of Service
ResumeX may be used solely by employers seeking job applicants and in accordance with our standard documentation, which may be published by Appcast and made available to you from time to time. You may authorize your employees and authorized agents (collectively, “Users”) to access and use ResumeX on your behalf, provided that you will be and remain fully responsible and liable for the acts and omissions of all such Users.
You may not use ResumeX to determine a consumer’s eligibility for: (a) credit or insurance for personal, family or household purposes; (b) employment; or (c) a government license or benefit. You agree that you will maintain compliance with data privacy laws and regulations and that you will alert Appcast within 48 hours of receiving any complaint from a job seeker related to your use of the job seeker’s resume. Appcast is not responsible for any employment decisions made and Appcast does not guarantee that any job seeker’s resume is valid, accurate or complete in any respect.
Scraping the ResumeX database or using the ResumeX database for any other purpose except as expressly authorized hereunder is strictly prohibited.
In the event phone numbers are provided by the job seeker in the resume, Appcast does not guarantee their validity and cannot confirm whether such numbers are landlines or cell phones. You agree that you will only contact job seekers regarding relevant job opportunities. It is your sole responsibility to comply with all Telephone Consumer Protection Act of 1991 (“TCPA”) guidelines, including laws against automated telephone dialing systems, and Appcast does not represent or warrant that job seekers have consented to being called or text messaged.
You represent and warrant that all information you provide to Appcast is correct and current. You represent to Appcast that you are an employer interested in considering job seekers as potential employees and that you will use the ResumeX database solely in your capacity as an employer seeking job candidates, and not for personal use.
You expressly agree that use of ResumeX is at your sole risk. Information contained in job seeker resumes is self-reported by job seekers and Appcast does not evaluate, screen, verify, or censor the resumes submitted in connection with the services or the job seekers themselves. Any filtering, sorting, or ranking functionalities available to you as part of ResumeX rely on this self-reported information. The appearance of a given job seeker’s resume in search results is not a guarantee that the job seeker has the attributes or experience you have selected. Appcast is not involved in and does not control the transaction between a job seeker and you. Accordingly, Appcast is not responsible for your interaction with any person who contacts you, including job seekers, in connection with your use of ResumeX.
ResumeX is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, express or implied, with respect to ResumeX, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
In no event will we be liable for any indirect consequential, incidental, punitive, special or similar damages (or damages from lost profits, interruption of business, lost data), whether foreseeable or not, which may arise out of your access to, inability to access, or your use of ResumeX.
Notwithstanding anything herein to the contrary, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for ResumeX during the three-month period prior to any claim.
The limitations of liability set forth herein do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
Unless prohibited by applicable law, you agree to indemnify and hold harmless each of Appcast, its parents, subsidiaries, affiliates, and all of their respective officers, directors, employees and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or related to (1) your use of ResumeX, (2) the violation of these ResumeX Terms of Service by you, (3) any violation of any laws or regulations, including the TCPA or any applicable privacy laws or regulations, or (4) any contact you have with a job seeker, including any email, phone call, or text message you make to a job seeker.
If you are obligated to indemnify us hereunder, we may, in our sole discretion, (1) control the defense and disposition of any such claims at your sole cost and expense or (2) require you to defend Appcast with counsel of our choosing. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any third-party claim without our consent.
We welcome your comments and questions. Please contact us at: firstname.lastname@example.org.