Terms of Service

1Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and chattHR, LLC, a Utah limited liability company ("chattHR," "Company," "we," "us," or "our"), governing your access to and use of the chattHR platform, website, mobile applications, APIs, and all related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Effective Date" above. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.

2Description of Service

chattHR is an AI-powered recruiting automation platform that provides the following services:

• SMS Candidate Screening: Automated text message conversations with job candidates
• AI-Powered Candidate Scoring: Machine learning-based evaluation and ranking of candidates
• Applicant Tracking System (ATS): Pipeline management and candidate organization
• Video Interview Platform: Asynchronous video interview collection and review
• Offer Management: Digital offer letters with electronic signature capabilities
• Workflow Automation: Customizable hiring workflow automation tools
• Third-Party Integrations: Connections to job boards, calendars, and other HR systems
• TalentScout AI Agent: Proactive candidate sourcing and outreach automation

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3User Accounts and Registration

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Create a strong, unique password for your account
• Not share your account credentials with any third party
• Notify us immediately of any unauthorized access or security breach
• Ensure that you log out of your account at the end of each session

3.3 Team Accounts

If you create a team or organizational account, you are responsible for the actions of all users under your account. You must ensure that all users comply with these Terms and any applicable laws and regulations.

4Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with these Terms. You agree NOT to:

• Use the Service for any illegal purpose or in violation of any local, state, national, or international law
• Violate or infringe upon the intellectual property, privacy, or other rights of any third party
• Transmit any viruses, malware, or other harmful code through the Service
• Attempt to gain unauthorized access to the Service, other accounts, or any systems or networks
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use the Service to send spam, unsolicited messages, or harass any person
• Collect or harvest information about other users without their consent
• Use any automated means to access the Service without our express written permission
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Use the Service in any manner that could damage, disable, overburden, or impair the Service
• Engage in discriminatory hiring practices in violation of applicable employment laws
• Use the Service to make employment decisions based on protected characteristics

7Subscription and Payment

7.1 Subscription Plans

The Service is offered on a subscription basis with various plan tiers. Current pricing and features are available on our pricing page at chatt.hr/pricing.

7.2 Billing

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law or expressly stated otherwise
• We accept payment via credit card, debit card, or ACH transfer
• You authorize us to charge your payment method for all fees incurred

7.3 Price Changes

We reserve the right to change our pricing at any time. We will provide at least 30 days' notice before any price increase takes effect. Price changes will apply at the start of your next billing cycle.

7.4 Taxes

All fees are exclusive of applicable taxes (including sales tax, VAT, and other similar taxes). You are responsible for paying all applicable taxes. If we are required to collect or pay taxes, such taxes will be added to your invoice.

7.5 Failed Payments

If payment fails, we will attempt to charge your payment method again. If payment continues to fail, we may suspend or terminate your access to the Service. We may also charge a late fee for overdue amounts.

8Free Trial

We may offer a free trial period for new users. During the trial:

• You will have access to the Service subject to these Terms
• No payment information is required to start the trial
• At the end of the trial, you may choose to subscribe to a paid plan
• If you do not subscribe, your access to the Service will be paused
• Your data will be retained for 30 days after trial expiration

We reserve the right to modify or discontinue the free trial offer at any time.

9Cancellation and Termination

9.1 Cancellation by You

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation:

• Your subscription will remain active until the end of your current billing period
• You will not be charged for subsequent billing periods
• You will retain access to the Service until your current period ends
• No refunds will be provided for unused time in your current billing period

9.2 Termination by Us

We may suspend or terminate your access to the Service immediately and without notice if you:

• Violate these Terms or any applicable law
• Engage in fraudulent, abusive, or illegal activity
• Fail to pay fees when due
• Pose a security risk to the Service or other users

9.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete your account and data after a reasonable retention period (typically 30 days). You may request an export of your data before termination.

10Intellectual Property

10.1 Our Intellectual Property

The Service and its original content, features, functionality, and underlying technology are owned by chattHR and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written consent.

10.2 Your Content

You retain ownership of all data and content you upload to the Service ("Your Content"). By using the Service, you grant us a limited, non-exclusive, royalty-free license to use, store, process, and display Your Content solely for the purpose of providing the Service to you.

10.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us an unrestricted, perpetual, royalty-free license to use such feedback without obligation to you.

11Data Protection and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

11.1 Data Processing

When you use the Service to process candidate data, you act as the data controller and we act as your data processor. You are responsible for ensuring you have appropriate legal bases for processing candidate personal data.

11.2 Security

We implement industry-standard security measures to protect your data. However, no method of transmission or storage is 100% secure. You acknowledge that you provide data at your own risk.

12Third-Party Services and Integrations

The Service may integrate with or contain links to third-party services, including:

• Job boards (Indeed, LinkedIn, etc.)
• Calendar applications (Google Calendar, Outlook, etc.)
• Communication platforms (Twilio for SMS)
• AI providers (OpenAI, Anthropic)
• Payment processors (Stripe)
• Electronic signature providers

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, content, or practices of third-party services.

13Disclaimers

14Limitation of Liability

15Indemnification

You agree to indemnify, defend, and hold harmless chattHR and its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party rights
• Your SMS communications and any TCPA violations
• Your hiring decisions and employment practices
• Any content you upload or transmit through the Service

16Dispute Resolution

16.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving your notice.

16.2 Binding Arbitration

If we cannot resolve a dispute informally, you and chattHR agree to resolve any disputes through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration will be conducted in Salt Lake City, Utah.

16.3 Class Action Waiver

YOU AND chattHR 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 OR REPRESENTATIVE PROCEEDING.

16.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

17Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions.

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah.

18General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and chattHR regarding the Service.

18.2 Severability

If any provision of these Terms is found to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

18.5 Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or internet service disruptions.