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HireClarity – Terms of Service (ToS) 

Last Updated: 5/20/2025

Welcome to HireClarity, a candidate presentation platform (the “Service”) designed to improve transparency, accelerate hiring, and deliver AI-powered candidate insights. Capitalized terms shall have the meaning given to them in the Terms.‎ 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS. THESE TERMS CONTAIN MANDATORY ARBITRATION PROVISIONS THAT REQUIRE THE USE OF ARBITRATION, RATHER THAN JURY TRIALS, TO RESOLVE DISPUTES AND A CLASS ACTION WAIVER. 

1. Eligibility & Access 

Has your employer provided you with access to HireClarity? Your use of HireClarity is governed by a signed HireClarity Service Agreement (the “Agreement”). For questions regarding your use of HireClarity, please talk to your employer.  

 

Has another organization invited you to collaborate using HireClarity? These Terms of Service (“Terms”) govern your access to and use of the HireClarity platform (collectively, the “Service. Please read the Terms carefully because they are a binding agreement between you and HireClarity, Inc. (“HireClarity,” “we,” “our,” or “us”). When you access HireClarity, you are using the virtual collaboration space of HireClarity’s customer (our “Customer”). The Customer owns and controls “Customer Data” which is (a) the information you input, upload, or otherwise provide to HireClarity using the Service, and (b) the information about candidates you access in the Service, including information provided by Customer. It is Customer’s responsibility to inform you of its policies or practices relevant to your handling of Customer Data. If you have any questions about your rights and obligations with respect to Customer Data, please contact Customer.  

2. Acceptance 

By accessing or using the Service, you agree to be bound by these Terms.  

For information about how HireClarity collects, uses, and shares personal information, please see the <HireClarity Privacy Statement>. Your acceptance of these Terms constitutes your consent to the processing of personal information described in the HireClarity Privacy Statement.  

We reserve the right to update and modify these Terms at any time without notice to you. The most current version of these Terms can be reviewed by clicking on the "Terms of Service" hypertext link located at <the bottom of the Service>. When we make updates to these Terms, HireClarity will update the date at the top of this page. By using the Service after a new version of these Terms have been posted, you agree to the Terms of such new version. 

3. Permitted Use 

HireClarity grants you the right to use the Service solely to facilitate collaboration on open roles and candidate submissions in accordance with applicable laws. Acceptable use includes: 

- Viewing, commenting on, and asking questions via the chat feature and AI prompt line regarding candidate profiles; 

- Providing feedback on interviews or candidate presentations; and 

- Accessing insights, analytics, and other information. 

You are responsible for your hiring, staffing, and ‎employment practices and your compliance with applicable laws.  

HireClarity may revoke or terminate your access to the Service, or any part thereof, including by blocking your IP Address, at any time, for any reason, without prior notice, but is not obligated to do so and waives no rights by failing to do so.  

4. Prohibited Conduct

As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these Terms, HireClarity’s policies, or other notices we provide. You may not use or attempt to use the Service to: 

  • Upload or process Sensitive Data, such as data that includes (a) health, wellness, or fitness data or any other data about a person’s current, past, or present mental or physical health or health conditions, (b) credit, debit, bank account or other financial account numbers, ‎‎(c) date of birth, social security numbers, driver’s license numbers, or other government ID numbers, (d) citizenship and immigration status information, (e) an account log-in, security codes, password, or credentials allowing access to other accounts or Service (f) genetic or biometric information, and (g) information concerning an individual’s sex life, sexual orientation, or religious or philosophical beliefs. 
  • Ask questions about personal characteristics of candidates that are protected by law.  
  • Violate any applicable law, contract, intellectual property right, or other third party right, or commit a tort. You may not for example, violate any of the following: the Fair Credit Reporting Act and similar state statutes; applicable employment, equality, or anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act; the Americans with Disabilities Act and other similar federal, state, and local laws; and any applicable data protection or privacy laws or laws regulating use of “automated employment decision tools.” 
  • Copy, resell, reverse engineer, or tamper with the Service.  
  • Use the Service to harass, intimidate, or discriminate against others. 
  • Introduce malware, bots, or other harmful code.  
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others. 
  • Publish, post, upload, or distribute any inappropriate, libelous, profane, defamatory, obscene, pornographic, indecent, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, or unlawful material or information. 
  • Encourage, or provide instructions to others for, a criminal or civil offense.  
  • Create liability or violate any local, state, national or international law. 
  • Send unsolicited messages or distribute spam, chain letters, or unlawful materials. 
  • Upload, or otherwise make available, files that contain material protected by intellectual property laws unless you own or control the rights material or have received all necessary permissions. 
  • Use any material or information available on the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. 
  • Mislead others, such as by using a false identity. 
  • Download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. 
  • Falsify or delete any copyright information, author attributions, legal or other proper notices or labels or other material contained in a file that is uploaded by another user. 
  • Restrict or inhibit any other user from using and enjoying the Service. 
  • Harvest or otherwise collect information about others. 
  • Assist or encourage anyone to do any of the above. 

 

The Service may not be accessed for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes.  

5. Customer Data 

HireClarity will process Customer Data to provide the Service in accordance with the <HireClarity Privacy ‎Statement>. HireClarity will not (1) use Customer Data for any purpose other than to provide, improve, and ‎secure the Service or (2) share Customer Data with third parties, except for as described in the <HireClarity ‎Privacy Statement>. ‎ 

HireClarity will maintain appropriate administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of Customer Data. Those safeguards will include, but will not be limited to, measures designed to prevent unauthorized access to or disclosure of Customer Data. You are solely responsible for making an independent determination as to whether the technical and organizational measures for the Service meet your requirements, including any of your security obligations under applicable data protection laws. You are responsible for implementing and ‎maintaining privacy protections and security measures for the devices and connectivity service you use to access the Service. 

6. AI-Powered Insights 

HireClarity uses AI to generate candidate insights and comparisons to support—not replace—human decision-making. Review the outputs of such features carefully. Summaries, candidate insights, comparisons and other outputs provided as part of the Service are not endorsements by HireClarity and may be inaccurate or incomplete. Such outputs should not be the sole basis of any hiring, staffing, or business decisions. We make no representations or warranties, and ‎provide no indemnities, with respect to the outputs of such features. You are solely responsible for the legality of your use of such features and functionality and the outputs of same. You acknowledge: 

- AI-generated outputs may contain inaccuracies and are subject to limitations and interpretation; 

- The decision to hire is solely the hiring manager’s responsibility; 

- HireClarity is not liable for hiring decisions. 

7. Service Availability & Updates 

- HireClarity aims to provide continuous access to the Service but does not guarantee uninterrupted service.  

- We may update the Service or its features at any time and reserve the right to suspend or terminate access for misuse or non-compliance. 

8. Termination 

We may suspend or terminate your access to the Service for any purposes, including if you: 

- Violate these Terms; 

- Use the Service in a way that compromises security or integrity; or 

- No longer have a valid business relationship with the staffing agency or employer. 

You may request to delete your account at any time by contacting support. 

The provisions of these Terms which by their terms call for performance subsequent to termination of the Terms, shall so survive such termination, whether or not such provisions expressly state that they shall so survive. Except where an exclusive remedy is provided, exercising a remedy under these Terms, including termination, does not limit other remedies a party may have. 

9. Limitation of Liability 

HIRECLARITY SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, ERRORS IN TRANSMISSION, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF A DIGITAL SERVICE, UNAUTHORIZED THIRD-PARTY ACCESS, OR OTHER SYSTEMS OR CAUSES OUTSIDE HIRECLARITY’S REASONABLE CONTROL. HIRECLARITY SHALL NOT BE LIABLE FOR YOUR USE OF, OR THE RESULTS OBTAINED IN CONJUNCTION WITH, THE SERVICE, CANDIDATE INSIGHTS, OR OTHER SERVICE OUTPUTS.  

TO THE FULLEST EXTENT PERMITTED BY LAW, HIRECLARITY AND ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THESE TERMS OR THE SERVICE FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. HIRECLARITY AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THESE TERMS OR THE SERVICE FOR ANY AMOUNT GREATER THAN $100 USD.  

10. Representations and Warranties 

 

THE SERVICE, INCLUDING CANDIDATE INSIGHTS AND OTHER SERVICE OUTPUTS, IS PROVIDED “AS IS” AND “AS AVAILABLE.” HIRECLARITY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HIRECLARITY DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES HIRECLARITY WARRANT THAT CANDIDATE INSIGHTS OR THE SERVICE OUTPUTS WILL BE ACCURATE OR COMPLETE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, HIRECLARITY DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT.  

11. Indemnification 

You will defend us against any claim by a third party arising from or relating to your hiring, staffing, and ‎employment practices and decisions, as well as your compliance with applicable laws, and will indemnify and hold us harmless from and against any damages and costs awarded against us or agreed in settlement by you (including reasonable attorneys’ fees) resulting from such claim. 

12. Disputes | Binding Arbitration and Class Action Waiver 

 

You and HireClarity agree that, except for claims that may be brought in small claims court, any dispute arising out of or relating to the Service, these Terms, or your relationship with HireClarity as Service user shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Our agreement to arbitrate shall be given the broadest possible meaning that will be enforced. 

YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL SUCH DISPUTES, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. 

In the event of a dispute, you or HireClarity must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to the address below. We will send any notice of dispute to you at the contact information we have for you. We agree we will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration.  

You must send any notice of dispute to:  HireClarity, Inc. | ATTN: Darren Hogben |   

‎100 West Harrison St, Suite S460‎ | Seattle WA 98199‎ 

 

You or HireClarity agree to initiate arbitration in King County, Washington and to keep the arbitration confidential, including the existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration. This information concerning the arbitration must not be disclosed to any third party except the tribunal, the parties, their counsel, experts, witnesses, accountants and auditors, insurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose arbitration confidential information to the extent that disclosure may be required to fulfill a legal duty, protect, or pursue a legal right, enforce, or challenge an award in bona fide legal proceedings. 

WE AGREE THAT ALL PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. NEITHER PARTY WILL SEEK TO HAVE A DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. 

No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. 

You agree that any action at law or in equity arising out of or relating to these Terms or the Service that cannot be resolved through arbitration will be filed, and that venue properly lies, only in the state or federal courts located in King Country, Washington, in United States of America, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. 

These Terms are governed by and construed in accordance with the laws of the State of Washington and the laws of the United States, without giving effect to any conflict of law principles (whether in the jurisdiction selected above or any other jurisdiction). 

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions. 

All provisions of this Disputes Section will survive termination. 

13. General Provisions 

HireClarity’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time. HireClarity may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under these Terms. You may not assign your rights or delegate your duties under these Terms without the prior written consent of HireClarity.  

If any provision of these Terms is held invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall be deleted and shall not affect any other provision of these Terms. These Terms constitute the entire agreement between you and HireClarity with respect to your use of the Service. 

14. Contact Us 

For questions or support related to these Terms of the Services, please contact: 

 
HireClarity, Inc. 
Email: darren@hireclarityai.com 

100 West Harrison St, Suite S460 

Seattle WA 98199