Last Updated: March 31, 2026
These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("Client," "you," "your") and The Hiring Engine, a company based in Rochester, New York ("Company," "we," "us," "our"), governing your access to and use of The Hiring Engine platform, software, tools, and related services (collectively, the "Service").
PLEASE READ THESE TERMS CAREFULLY. By accessing or using the Service, creating an account, or clicking "I Agree" or "Submit," you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
By accessing the Service, submitting any form on our website, or using the platform in any capacity, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal authority to enter into this Agreement; (c) if you are entering into this Agreement on behalf of a business entity, you have the authority to bind that entity to these Terms; and (d) your use of the Service will comply with all applicable local, state, national, and international laws and regulations.
Your continued use of the Service following the posting of changes to these Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically.
The Hiring Engine is a software-as-a-service ("SaaS") platform that provides automated hiring workflow tools, including but not limited to:
The Service is designed to assist your hiring process. The Service does not provide legal, employment, or human resources advice. All hiring decisions, employment documents, offer letters, contracts, and communications sent through the platform are your sole responsibility. We provide the delivery mechanism — not the legal content.
Important: You are solely responsible for ensuring that all content used within the Service — including job postings, screening criteria, offer letters, and employment contracts — complies with all applicable employment laws, anti-discrimination laws, labor regulations, and any other applicable legal requirements in your jurisdiction.
The Service is intended for use by businesses and individuals who are at least 18 years of age and who possess the legal authority to enter into binding agreements. By using the Service, you represent and warrant that you meet these eligibility requirements. We reserve the right to refuse service, terminate accounts, or cancel subscriptions at our sole discretion if we determine that a user does not meet these requirements or is using the Service in violation of these Terms.
To access the Service, you must create an account and provide accurate, complete, and current information. You agree to:
We reserve the right to suspend or terminate your account at any time if we reasonably believe that your account information is inaccurate, that your account has been compromised, or that your account is being used in violation of these Terms.
You may not share, transfer, sell, or otherwise make available your account credentials to any third party. If you authorize employees or agents to access the Service on your behalf, you are fully responsible for their actions and any consequences arising from their use of the Service.
The Service is offered on a monthly subscription basis. By subscribing to the Service, you agree to the following:
Cancellation: You may cancel your subscription at any time by contacting us at [email protected]. Upon cancellation:
Refunds: All subscription fees are non-refundable except as required by applicable law. We do not provide partial refunds for unused portions of a billing period. In the event of a billing error, please contact us at [email protected] and we will investigate and correct any confirmed errors.
Account Pausing: We may, at our sole discretion, offer the ability to pause your subscription. The terms and fees associated with account pausing, if offered, will be communicated to you at the time of the request.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You expressly agree not to:
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation removing content, suspending or terminating the offending user's account, and reporting such activity to law enforcement authorities.
Your Role as Data Controller: You acknowledge and agree that you are the data controller with respect to all personal data of job applicants and candidates that is collected, processed, or stored through your use of the Service. We act as a data processor on your behalf, processing such data only as necessary to provide the Service and in accordance with your instructions and these Terms.
AI Screening: The Service utilizes artificial intelligence and automated decision-making tools to assist in the evaluation and screening of job applications. You acknowledge and agree that:
No Guarantee of Accuracy: While we strive to provide accurate and useful AI screening capabilities, we do not guarantee the accuracy, completeness, or reliability of any AI-generated screening results, scores, or recommendations. All AI outputs are provided "as is" and are intended to serve as one input among many in your hiring decision-making process.
The Service sends automated email and text message (SMS) communications to job applicants on your behalf, including but not limited to application confirmations, interview invitations, follow-up sequences, rejection notifications, offer letters, and employment contracts. You acknowledge and agree that:
Warning: Failure to comply with the TCPA, CAN-SPAM Act, or other applicable telecommunications or anti-spam laws may result in significant legal liability, including statutory damages. It is your responsibility to understand and comply with these laws. We are not responsible for any legal liability arising from your failure to obtain proper consent or to comply with applicable communications laws.
Our Intellectual Property: The Service, including all software, code, algorithms, designs, text, graphics, interfaces, and other materials (collectively, "Company Materials"), is owned by or licensed to The Hiring Engine and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during the term of your subscription, subject to these Terms.
Your Content: You retain ownership of all content you upload, create, or input into the Service ("Your Content"), including but not limited to job descriptions, screening criteria, applicant data, offer letter templates, contract templates, and branding materials. By uploading or inputting Your Content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and display Your Content solely to the extent necessary to provide the Service to you.
Restrictions: You may not: (a) copy, modify, or create derivative works of the Company Materials; (b) rent, lease, lend, sell, sublicense, or transfer the Service or any Company Materials to any third party; (c) remove, obscure, or alter any proprietary notices displayed on or within the Service; or (d) use our trademarks, logos, or brand elements without our prior written consent.
Feedback: If you provide us with any suggestions, feedback, or ideas regarding the Service ("Feedback"), you agree that we may freely use, disclose, reproduce, license, and otherwise exploit such Feedback without any obligation or compensation to you.
The Service integrates with and relies upon third-party platforms and services to deliver its functionality. These may include, but are not limited to, customer relationship management (CRM) platforms, email delivery services, SMS delivery services, calendar services, artificial intelligence providers, payment processors, and hosting providers.
You acknowledge and agree that:
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Without limiting the foregoing, we do not warrant or represent that:
Not Legal Advice: Nothing in the Service constitutes legal advice, employment advice, or professional human resources advice. The Service is a technology tool. You should consult with qualified legal professionals regarding your specific employment practices, documents, and compliance obligations.
Not an Employment Agency: We are not an employment agency, staffing firm, or recruiting service. We do not source, recruit, or place candidates. We provide software tools to automate your existing hiring workflow.
No Guarantee of Results: We do not guarantee that use of the Service will result in any particular outcome, including but not limited to the number of applicants you receive, the quality of applicants, the speed of hiring, or the reduction of hiring costs.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HIRING ENGINE, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "COMPANY PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.
You acknowledge that the fees charged for the Service reflect the allocation of risk set forth in this Agreement and that the Company would not enter into this Agreement without these limitations on its liability.
You agree to indemnify, defend, and hold harmless The Hiring Engine, its officers, directors, members, managers, employees, agents, contractors, successors, and assigns from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
This indemnification obligation shall survive the termination of these Terms and your use of the Service.
Informal Resolution: Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved through good-faith negotiation.
Binding Arbitration: If the dispute cannot be resolved informally within thirty (30) days, any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled 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. The place of arbitration shall be Monroe County, New York. The language of the arbitration shall be English.
The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and expenses of arbitration, including attorney's fees, unless the arbitrator determines that the circumstances warrant a different allocation.
Class Action Waiver: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. The arbitrator shall not have the authority to consolidate claims or to conduct any class, collective, or representative proceeding.
Exceptions: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. To the extent that any legal action is permitted under these Terms outside of arbitration, such action shall be brought exclusively in the state or federal courts located in Monroe County, New York, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.
We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions.
We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. If we make material changes to these Terms, we will provide notice by updating the "Last Updated" date at the top of these Terms and, where practicable, by sending notice to the email address associated with your account at least fifteen (15) days prior to the changes taking effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must cease using the Service and cancel your subscription.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and The Hiring Engine with respect to the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and the Company regarding the Service.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Force Majeure: We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, or failures of third-party service providers.
Assignment: You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms without restriction.
Last Updated: March 31, 2026
This Privacy Policy ("Policy") describes how The Hiring Engine ("Company," "we," "us," "our"), collects, uses, discloses, and protects your personal information when you visit our website, use our Service, or otherwise interact with us. This Policy applies to all users, including our clients ("you") and any individuals who visit our website.
For the purposes of this Policy, "personal information" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual.
Important Note Regarding Applicant Data: When our clients use The Hiring Engine to process job applications, the client (your potential employer) is the data controller responsible for the collection and processing of applicant personal data. We act as a data processor on behalf of our clients. If you are a job applicant and have questions about how your data is being used, please contact the employer directly.
When clients use the Service to manage their hiring process, the following types of data may be collected and processed through the platform on behalf of the client:
This data is processed on behalf of and at the direction of our clients. Our clients are the data controllers for this information.
We use the information we collect for the following purposes:
We do not sell your personal information. We may share your information in the following circumstances:
We and our third-party partners may use cookies, pixels, web beacons, and similar tracking technologies to collect information about your interactions with our website and Service. These technologies help us:
You can control and manage cookies through your browser settings. Please note that disabling certain cookies may affect the functionality of the Service. For more information about cookies and how to manage them, visit www.allaboutcookies.org.
Do Not Track: Some browsers offer a "Do Not Track" signal. We do not currently respond to Do Not Track signals because there is no industry-standard protocol for doing so.
We retain your personal information for as long as your account is active or as needed to provide you the Service. If you cancel your subscription, we may retain your account information for a reasonable period to fulfill any remaining legal obligations, resolve disputes, and enforce our agreements.
Applicant data processed through the Service on behalf of our clients is retained in accordance with the client's account status. Upon account cancellation, applicant data may be deleted after the end of the billing period. Clients are responsible for exporting any data they wish to retain prior to cancellation.
We may retain aggregated or de-identified data indefinitely for analytical purposes.
If you would like to request deletion of your personal information, please contact us at [email protected].
We implement reasonable administrative, technical, and physical security measures designed to protect your personal information from unauthorized access, use, alteration, and destruction. These measures include encryption of data in transit, access controls, and regular security assessments.
However, no method of transmission over the Internet and no method of electronic storage is 100% secure. While we strive to protect your personal information, we cannot guarantee its absolute security. You acknowledge that you provide your personal information at your own risk.
In the event of a data breach that affects your personal information, we will notify you and any applicable regulatory authorities in accordance with applicable law.
Depending on your location and applicable law, you may have certain rights regarding your personal information, including:
If you are a California resident, you have additional rights under the California Consumer Privacy Act ("CCPA") as amended by the California Privacy Rights Act ("CPRA"), including:
To exercise your rights under the CCPA/CPRA, please contact us at [email protected]. We will respond to your request within forty-five (45) days.
If you are located in the European Economic Area, United Kingdom, or Switzerland, you may have additional rights under the General Data Protection Regulation ("GDPR") or equivalent laws, including:
To exercise these rights, contact us at [email protected].
If you are a job applicant whose data has been processed through the Service, your personal information is controlled by the employer who posted the job. To exercise any privacy rights regarding your applicant data, please contact the employer directly. If you are unable to reach the employer, you may contact us at [email protected] and we will make reasonable efforts to forward your request to the appropriate client.
The Service is not intended for use by individuals under the age of 18. We do not knowingly collect personal information from children under 18. If we become aware that we have collected personal information from a child under 18, we will take steps to delete that information as promptly as possible. If you believe we have collected information from a child under 18, please contact us immediately at [email protected].
We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. If we make material changes, we will update the "Last Updated" date at the top of this Policy and, where practicable, provide notice via email or a prominent notice on our website. We encourage you to review this Policy periodically. Your continued use of the Service after any changes to this Policy constitutes your acceptance of the updated Policy.
If you have any questions, concerns, or requests regarding these Terms of Service, this Privacy Policy, or our data practices, please contact us at:
We will respond to all inquiries within a reasonable time frame and in accordance with applicable legal requirements.