SUPPORTFINITY CUSTOMER TERMS AND CONDITIONS

Last Updated: June 26, 2026
Effective Date: June 26, 2026

These Customer Terms and Conditions ("Terms") govern access to and use of the SupportFinity platform, websites, applications, APIs, software, artificial intelligence features, databases, integrations, and related products and services provided by SupportFinity, Inc. ("SupportFinity," "we," "us," or "our").

These Terms apply to companies, organizations, recruiters, staffing agencies, employers, hiring teams, public-sector organizations, and other business customers that access or use SupportFinity ("Customer," "you," or "your").

By executing an Order Form, creating an account, accepting these Terms electronically, or accessing or using the Services, Customer agrees to these Terms.

If an individual accepts these Terms on behalf of an organization, that individual represents that they have authority to bind that organization.

1. AGREEMENT STRUCTURE

1.1 Agreement

The agreement between Customer and SupportFinity consists of:

these Customer Terms and Conditions;
any applicable Order Form, subscription agreement, statement of work, or similar ordering document;
the SupportFinity Data Processing Addendum ("DPA"), where applicable;
any applicable Service Level Agreement ("SLA");
any applicable Security Addendum;
the Service-Specific Terms contained in these Terms or separately provided by SupportFinity;
any applicable API terms, marketplace terms, or product-specific addendum; and
SupportFinity's Privacy Policy.

Together, these documents constitute the "Agreement."

1.2 Service-Specific Terms

SupportFinity is a multi-product recruitment platform. Different components of the platform involve different types of data, functionality, legal requirements, and Customer responsibilities.

Accordingly, each SupportFinity service is subject to its own Service-Specific Terms.

The Service-Specific Terms in Section 14 currently apply to:

Applicant Tracking System ("ATS");
Sourcing and People Search using worldwide external datasets;
Sourcing and People Search using the SupportFinity Community;
Campaigns and multi-touchpoint outreach;
Salary Calculator and Salary Calculator APIs; and
Assessments and the Assessments Marketplace.

Additional Service-Specific Terms may apply to new products or features.

Customer agrees that use of a particular Service constitutes acceptance of the Service-Specific Terms applicable to that Service.

1.3 Order of Precedence

If there is a conflict between documents forming the Agreement, the following order of precedence applies unless expressly stated otherwise:

the applicable Order Form;
the DPA, solely with respect to privacy and processing of Personal Data;
a signed product-specific or Service-Specific Addendum;
the applicable SLA or Security Addendum;
these Terms; and
product documentation and policies incorporated into the Agreement.

2. DEFINITIONS

For purposes of the Agreement:

"AI Features" means functionality using artificial intelligence, machine learning, large language models, algorithms, automated matching, ranking, scoring, recommendations, generation, or similar technologies.

"AI Output" means recommendations, rankings, scores, summaries, generated text, questions, salary estimates, candidate matches, or other content generated through AI Features.

"Authorized User" means an employee, contractor, representative, recruiter, hiring manager, or other individual whom Customer authorizes to use the Services.

"Candidate Data" means Personal Data relating to job applicants, candidates, prospective candidates, employees, or other individuals processed through the Services.

"Community Data" means professional profiles and related information made available through the SupportFinity Community.

"Customer Content" means information, files, resumes, job descriptions, communications, assessments, candidate information, employee information, documents, records, prompts, configurations, and other content submitted to the Services by or on behalf of Customer.

"Documentation" means SupportFinity's then-current user guides, technical documentation, help-center materials, and applicable product instructions.

"External Profile Data" means professional, business, employment, educational, contact, or other information made available through SupportFinity's external sourcing and people-search services and obtained or derived from public sources, licensed datasets, partners, data providers, or other legally permitted sources.

"Personal Data" has the meaning assigned to personal data, personal information, personally identifiable information, or similar concepts under applicable Data Protection Laws.

"Services" means the SupportFinity products and services made available to Customer under the Agreement.

"Usage Data" means technical, statistical, operational, diagnostic, and usage information relating to the performance and use of the Services.

3. ELIGIBILITY AND BUSINESS USE

The Services are intended primarily for legitimate business, recruiting, talent acquisition, workforce planning, compensation research, assessment, and related professional purposes.

Customer may use the Services only:

for lawful purposes;
in accordance with the Agreement;
within the scope of its subscription;
in accordance with applicable Documentation;
in accordance with applicable employment, privacy, communications, anti-discrimination, and other laws; and
in a manner that does not violate the rights of individuals or third parties.

Customer is responsible for determining whether its intended use of the Services is lawful in each jurisdiction in which Customer operates.

4. ACCOUNTS AND AUTHORIZED USERS

4.1 Account Responsibility

Customer is responsible for:

designating Authorized Users;
maintaining appropriate user roles and permissions;
protecting login credentials;
promptly removing access for individuals who should no longer have access;
ensuring Authorized Users comply with the Agreement; and
activity occurring through Customer's accounts except to the extent caused by SupportFinity's breach of the Agreement.

Accounts may not be shared among individuals unless the applicable subscription expressly permits shared access.

4.2 Administrators

Customer administrators may manage users, permissions, integrations, configurations, data, and other settings on Customer's behalf.

Customer is responsible for its administrators' actions within the Services.

4.3 Unauthorized Access

Customer must promptly notify SupportFinity if Customer becomes aware of unauthorized account access, compromised credentials, or suspected misuse of the Services.

5. SUBSCRIPTIONS, ORDER FORMS, FEES, AND CREDITS

5.1 Subscription Scope

Customer's permitted Services, users, jobs, credits, API usage, features, data allowances, subscription term, and fees will be identified in the applicable Order Form or subscription plan.

5.2 Fees

Customer will pay all applicable fees in accordance with the applicable Order Form.

Except where required by law or expressly stated otherwise in the Agreement, fees paid are non-refundable.

5.3 Usage and Credits

Certain Services may operate using credits, usage allowances, API limits, searches, assessments, messages, data exports, or other consumption-based units.

The applicable plan or Order Form determines:

how usage is measured;
the amount included;
whether unused allocations carry forward;
expiration;
overage charges; and
additional purchase requirements.

Customer may not circumvent technical limitations or usage controls.

5.4 Taxes

Fees exclude applicable sales, use, value-added, withholding, or similar taxes unless expressly stated otherwise.

Customer is responsible for applicable taxes other than taxes based on SupportFinity's net income.

5.5 Late Payment

SupportFinity may suspend Services for undisputed amounts that remain materially overdue after providing reasonable notice and an opportunity to cure.

SupportFinity will use commercially reasonable efforts to avoid unnecessary disruption to Customer's recruiting operations.

6. CUSTOMER RESPONSIBILITIES

Customer is solely responsible for:

its recruiting and employment practices;
determining the appropriate lawful basis for processing Candidate Data where required;
providing legally required notices to candidates and employees;
obtaining legally required consents or authorizations;
the content and targeting of Customer communications;
employment decisions made using information obtained through the Services;
compliance with anti-discrimination and equal-employment laws;
providing reasonable accommodations where required;
establishing appropriate data-retention policies;
ensuring Customer Content was lawfully collected and may lawfully be provided to SupportFinity; and
configuring and using the Services consistently with applicable law and the Documentation.

SupportFinity provides technology and information tools. Except where expressly agreed in writing, SupportFinity is not the employer, employment agency, employer of record, legal advisor, compensation advisor, background-check provider, or decision-maker for Customer.

7. ACCEPTABLE USE

Customer and Authorized Users must not use the Services to:

violate applicable law;
unlawfully discriminate against any individual or protected group;
harass, threaten, intimidate, stalk, or harm individuals;
conduct unlawful surveillance;
facilitate identity theft, fraud, phishing, or deception;
obtain information for unlawful purposes;
send unlawful spam or unsolicited communications;
circumvent communication preferences or legally valid opt-out requests;
intentionally collect sensitive Personal Data without a legitimate and lawful purpose;
infer protected or sensitive characteristics where prohibited by law;
make decisions concerning credit, insurance, housing, healthcare, or other regulated eligibility purposes using data not designed for those purposes;
perform unauthorized employment background checks;
construct a competing people database or data-broker service;
resell, sublicense, redistribute, or commercially exploit External Profile Data or Community Data except as expressly permitted;
scrape or systematically extract the Services;
circumvent API limits, security restrictions, rate limits, or technical controls;
reverse engineer the Services except where such restriction is prohibited by law;
use SupportFinity data to train or develop a competing foundational model, people-search database, recruitment platform, or commercial dataset without written authorization;
introduce malware or harmful code;
interfere with the security or operation of the Services; or
access the Services for purposes of benchmarking or developing a competitive product without SupportFinity's written authorization.

SupportFinity may investigate suspected misuse and may restrict or suspend activity reasonably believed to create legal, security, privacy, platform-integrity, or third-party risk.

8. CUSTOMER DATA AND OWNERSHIP

8.1 Customer Content

As between SupportFinity and Customer, Customer retains all rights in Customer Content.

Customer grants SupportFinity a limited, non-exclusive right to host, copy, transmit, process, display, and otherwise use Customer Content solely as reasonably necessary to:

provide the Services;
provide support;
maintain security;
comply with Customer's documented instructions;
comply with applicable law; and
fulfill SupportFinity's obligations under the Agreement.

8.2 No Sale of Customer Content

SupportFinity will not sell Customer Content to third parties.

8.3 AI Training

Unless Customer expressly agrees otherwise in writing, SupportFinity will not use Customer Confidential Information or Customer Content to train generalized AI or machine-learning models for use by unrelated customers.

Nothing in this provision prevents SupportFinity from using de-identified or aggregated Usage Data that does not identify Customer, its Authorized Users, candidates, or other individuals to maintain, secure, analyze, and improve the Services.

8.4 Usage Data

SupportFinity may collect and use Usage Data for legitimate operational purposes, including security, analytics, capacity planning, product improvement, fraud prevention, troubleshooting, and service performance.

Where Usage Data contains Personal Data, SupportFinity will process it in accordance with applicable Data Protection Laws and the Agreement.

9. PRIVACY AND DATA PROTECTION

9.1 Compliance

Each party will comply with Data Protection Laws applicable to its processing of Personal Data under the Agreement.

9.2 Controller and Processor Roles

The parties acknowledge that their privacy roles may differ depending on the Service.

Customer-Controlled Data

For Personal Data submitted by Customer to the ATS or otherwise processed by SupportFinity solely on Customer's documented instructions:

Customer generally acts as controller or business; and
SupportFinity generally acts as processor or service provider.

Such processing is governed by the applicable DPA.

SupportFinity Data Services

Where SupportFinity independently determines the purposes and means of collecting, organizing, maintaining, or making available External Profile Data or Community Data, SupportFinity may act as an independent controller with respect to those activities.

When Customer selects, exports, stores, contacts, evaluates, combines, or otherwise processes an individual's data for Customer's own recruiting purposes, Customer may become an independent controller with respect to that processing.

The parties will cooperate in good faith to determine their respective roles where required by applicable law.

9.3 Data Processing Addendum

Where SupportFinity processes Personal Data on Customer's behalf, the SupportFinity DPA is incorporated into the Agreement.

The DPA should address, as applicable:

documented processing instructions;
confidentiality;
security measures;
subprocessors;
assistance with data-subject rights;
personal-data breaches;
international transfers;
deletion and return;
assessments and audits; and
other legally required processor obligations.

9.4 International Data Transfers

Where required by applicable Data Protection Laws, the parties will use an appropriate lawful transfer mechanism, including applicable Standard Contractual Clauses, recognized adequacy mechanisms, or other legally valid safeguards.

9.5 Data Subject Rights

Each party is responsible for responding to requests from individuals to the extent required by applicable law based on that party's role.

Where SupportFinity is acting as Customer's processor, SupportFinity will provide reasonable assistance to Customer with qualifying data-subject requests as described in the DPA.

9.6 Sensitive Data

Customer should not submit special-category, highly sensitive, health, biometric, genetic, financial, government-identification, or similarly sensitive information unless:

necessary for a legitimate business purpose;
permitted by the applicable Service;
permitted by applicable law; and
appropriate safeguards are in place.

10. SECURITY

SupportFinity will maintain reasonable and appropriate administrative, technical, organizational, and physical safeguards designed to protect Customer Data against unauthorized access, disclosure, alteration, destruction, or loss.

Security measures may include, where applicable:

encryption;
access controls;
role-based permissions;
logging and monitoring;
vulnerability management;
secure software-development practices;
incident-response procedures;
business continuity measures;
vendor-management processes; and
workforce confidentiality and security controls.

Where Customer has entered into a separate Security Addendum with SupportFinity, that Security Addendum will control with respect to the matters it addresses.

No internet-based service can guarantee absolute security, and SupportFinity does not warrant that unauthorized third parties will never defeat security controls.

11. SECURITY INCIDENTS

SupportFinity will notify Customer of a confirmed security incident involving Customer Personal Data as required by applicable law and the DPA.

SupportFinity will take reasonable steps to:

investigate the incident;
mitigate identified risks;
remediate vulnerabilities under its control; and
provide information reasonably necessary for Customer to satisfy applicable legal obligations.

Notification of a security incident does not constitute an admission of fault or liability.

12. CONFIDENTIALITY

12.1 Confidential Information

"Confidential Information" means non-public information disclosed by one party to the other that reasonably should be understood to be confidential.

Confidential Information includes:

Customer Content;
candidate information;
security information;
pricing;
product roadmaps;
source code;
technical information;
business plans;
proprietary datasets; and
non-public commercial information.

12.2 Protection

The receiving party will:

use Confidential Information only to perform or exercise rights under the Agreement;
protect it using at least reasonable care; and
disclose it only to employees, affiliates, contractors, advisors, and subprocessors who need access and are subject to confidentiality obligations.

12.3 Exclusions

Confidential Information does not include information that the receiving party can demonstrate:

was lawfully known without confidentiality restrictions;
becomes public without breach of the Agreement;
is lawfully received from another source without confidentiality restrictions; or
is independently developed without use of the disclosing party's Confidential Information.

12.4 Required Disclosure

A party may disclose Confidential Information where legally required, provided it gives prior notice where legally permitted and reasonably cooperates in seeking confidential treatment.

13. ARTIFICIAL INTELLIGENCE AND AUTOMATED FEATURES

13.1 AI-Assisted Services

Certain SupportFinity features may use AI to assist with activities such as:

candidate discovery;
candidate matching;
ranking;
resume analysis;
job matching;
communication generation;
campaign optimization;
assessment generation;
assessment evaluation;
interview assistance;
salary estimation;
summarization;
recommendations; and
recruiting workflow automation.

13.2 Human Oversight

AI Output is intended to support qualified human decision-makers, not replace appropriate human judgment.

Customer is responsible for determining how AI Output is used in employment-related decisions.

Where required by applicable law, Customer must ensure meaningful human review before making decisions materially affecting an individual's employment opportunities.

Customer should not rely solely on AI Output where doing so would violate applicable law.

13.3 Customer Responsibility for Employment Decisions

SupportFinity does not make the final hiring, rejection, compensation, promotion, termination, or other employment decision on Customer's behalf unless the parties expressly agree otherwise in a separate written agreement.

Customer remains responsible for its employment decisions and for evaluating whether information or recommendations are appropriate for the position and jurisdiction involved.

13.4 AI Accuracy

AI systems are probabilistic and may generate inaccurate, incomplete, outdated, unexpected, or inappropriate results.

Customer must exercise reasonable professional judgment when relying on material AI Output.

13.5 Bias, Discrimination, and Accessibility

Customer must not configure or use SupportFinity to unlawfully discriminate based on protected characteristics.

Customer is responsible for providing reasonable accommodations or alternative procedures where required by applicable law.

Customer should assess whether automated or algorithmic tools are appropriate for the relevant job, candidate population, and jurisdiction.

13.6 Regulated AI Systems

To the extent a SupportFinity feature is subject to laws governing high-risk or regulated employment AI:

SupportFinity will be responsible for obligations applicable to SupportFinity in its legally determined role;
Customer will be responsible for obligations applicable to Customer in its legally determined role;
each party will reasonably cooperate with the other as required for compliance; and
Customer will follow applicable instructions for use, human-oversight requirements, notification requirements, and legally required impact assessments.

Where legally required, the parties may enter into an additional AI Compliance Addendum.

14. SERVICE-SPECIFIC TERMS

Each subsection below constitutes separate Service-Specific Terms applicable only when Customer uses the relevant Service.

14A. APPLICANT TRACKING SYSTEM TERMS

14A.1 Purpose

The SupportFinity ATS enables Customer to manage recruiting workflows, jobs, candidates, applications, communications, interviews, notes, evaluations, hiring activity, and related recruiting information.

14A.2 Customer as Employer or Recruiter

Customer controls its jobs, applications, candidate workflows, hiring criteria, employment decisions, retention practices, and candidate communications.

Customer is responsible for providing applicants with all legally required privacy, employment, equal-opportunity, and AI notices.

14A.3 Candidate Data

Customer represents that Candidate Data uploaded, imported, entered, or collected through Customer-controlled recruiting activities may lawfully be processed using the Services.

SupportFinity will process Customer-controlled Candidate Data in accordance with the Agreement and DPA.

14A.4 Imported Data

If Customer imports Candidate Data from another ATS, spreadsheet, CRM, recruitment system, third party, or database, Customer represents that it is authorized to transfer and use that information.

14A.5 Retention

Customer is responsible for establishing legally appropriate retention periods for recruiting records.

SupportFinity may provide tools to assist Customer with retention, deletion, or export, but Customer remains responsible for its retention policy unless otherwise required by the DPA.

14A.6 Permissions

Customer must configure user access appropriately to protect candidate and employee information.

14A.7 Final Hiring Decisions

SupportFinity does not guarantee that any candidate is qualified, suitable, available, truthful, or appropriate for employment.

Customer is responsible for interviewing, evaluating, verifying, and making final employment decisions.

14B. WORLDWIDE EXTERNAL SOURCING AND PEOPLE-SEARCH TERMS

14B.1 External Data

SupportFinity may provide professional information obtained or derived from multiple external sources, which may include:

publicly accessible information;
licensed datasets;
professional sources;
business sources;
data partners;
third-party providers;
user-contributed information; and
other legally permitted sources.

Source availability varies by person, jurisdiction, and data category.

14B.2 Permitted Purpose

External Profile Data may be used for legitimate professional recruiting and talent-acquisition purposes, including:

identifying prospective candidates;
sourcing;
talent research;
professional recruiting outreach;
workforce and talent-market research; and
maintaining Customer's recruiting pipeline.

14B.3 No Guarantee of Accuracy

External Profile Data may change over time and may contain inaccurate, incomplete, duplicated, or outdated information.

SupportFinity does not warrant that every data point is correct or current.

Customer should independently verify information where accuracy is material to an employment decision.

14B.4 Restricted Uses

Customer may not use External Profile Data:

for unlawful surveillance;
for harassment;
for identity theft;
for determining eligibility for credit, insurance, housing, or other regulated consumer services;
as an unauthorized employment background check;
to create consumer reports;
to establish a competing people-search or data-broker service;
to infer protected characteristics in violation of law;
to make unlawful discriminatory decisions;
for governmental targeting or law-enforcement purposes unless expressly authorized by SupportFinity in writing and legally permitted; or
for any purpose unrelated to the legitimate business use authorized by the Agreement.

14B.5 Not a Consumer Reporting Service

Unless SupportFinity expressly agrees otherwise in a separate written agreement, the External People Search Service is not offered as a consumer-reporting or employment-background-screening service.

Customer must not treat information obtained through the Service as a consumer report or use it for purposes that would require SupportFinity to operate as a consumer reporting agency under applicable law.

14B.6 Customer Use After Export

Where Customer exports External Profile Data into its systems or independently determines how the data will be used, Customer is responsible for its subsequent processing, retention, security, lawful basis, communications, and compliance obligations.

14B.7 Data Rights and Corrections

External Profile Data may be updated, corrected, suppressed, restricted, or deleted in response to verified privacy requests or changes in source information.

Customer acknowledges that information previously available may therefore become unavailable.

14C. SUPPORTFINITY COMMUNITY SOURCING TERMS

14C.1 Community

The SupportFinity Community may contain professional profiles, resumes, preferences, skills, employment interests, and other information provided directly by individuals or maintained through their participation in SupportFinity.

14C.2 Permitted Customer Use

Customer may access Community Data for legitimate recruiting purposes consistent with:

the individual's applicable privacy settings;
the Services;
the Agreement; and
applicable law.

14C.3 Recruiting Contact

Customer may contact Community members only for legitimate professional or recruiting purposes.

Customer must respect:

communication preferences;
opt-outs;
applicable consent requirements;
requests not to be contacted; and
other legally enforceable restrictions.

14C.4 No Resale or Repurposing

Customer may not sell Community Data, publish it as a standalone database, or repurpose it for unrelated advertising, consumer profiling, surveillance, or other purposes inconsistent with the recruitment context in which access was provided.

14C.5 Candidate Control

Community members may have rights to update, restrict, remove, or otherwise exercise control over their information.

SupportFinity may modify or remove Community Data where required to comply with applicable law, privacy requests, platform policies, or candidate preferences.

14D. CAMPAIGNS AND MULTI-TOUCHPOINT OUTREACH TERMS

14D.1 Campaign Services

SupportFinity may allow Customer to create automated or semi-automated recruiting campaigns using communication channels that may include:

email;
professional social networks;
social-media platforms;
direct messaging;
SMS, where supported;
connected communication accounts; and
other third-party services.

14D.2 Customer Is the Sender

Unless expressly stated otherwise, communications sent through Customer-connected accounts are communications initiated on Customer's behalf.

Customer is responsible for:

the intended recipients;
message content;
sender identity;
lawful basis for contacting recipients;
legally required disclosures;
consent where required;
suppression lists;
unsubscribe requests; and
compliance with applicable communications and direct-marketing laws.

14D.3 Opt-Outs

Customer must honor legally valid opt-out, unsubscribe, do-not-contact, and similar requests.

Customer may not intentionally circumvent suppression or opt-out mechanisms.

14D.4 Prohibited Campaign Conduct

Customer may not use Campaign Services to send:

deceptive communications;
fraudulent messages;
unlawful commercial solicitations;
harassment;
phishing;
malicious content;
communications using misleading sender information; or
communications otherwise prohibited by applicable law.

14D.5 Third-Party Channels

Use of third-party email providers, social networks, communication services, browsers, and similar services may be governed by the third party's own terms, policies, technical restrictions, and rate limits.

Customer is responsible for ensuring its use of connected third-party accounts complies with applicable third-party terms.

SupportFinity does not control third-party platforms and does not guarantee continued availability of any particular integration or communication method.

14D.6 Connected Accounts

When Customer connects email, calendar, social-network, or communication accounts, Customer authorizes SupportFinity to perform the functions Customer enables through the relevant integration.

Customer represents that it is authorized to connect and use each account.

14D.7 Platform Protection

SupportFinity may apply sending limits, throttling, rate controls, safety controls, or campaign restrictions to protect:

deliverability;
candidate experience;
customer accounts;
SupportFinity's infrastructure;
third-party integrations; or
legal compliance.

14E. SALARY CALCULATOR AND SALARY API TERMS

14E.1 Salary Estimates

SupportFinity may provide compensation estimates, ranges, market comparisons, benchmarks, or related information based on available data and statistical or AI-assisted methodologies.

Salary results are estimates and may vary based on factors including:

geography;
job scope;
seniority;
industry;
company size;
skills;
economic conditions;
source data;
timing;
benefits;
equity;
employment structure; and
market conditions.

14E.2 Informational Use Only

Salary information is provided for informational and benchmarking purposes.

It does not constitute:

legal advice;
tax advice;
financial advice;
employment-law advice;
a guarantee of market compensation;
an obligation to pay a particular amount; or
a representation that a particular salary complies with applicable wage, pay-transparency, equal-pay, collective-bargaining, or employment requirements.

Customer is responsible for determining lawful and appropriate compensation.

14E.3 No Guaranteed Accuracy

SupportFinity does not warrant that salary information will be complete, current, or appropriate for every position or jurisdiction.

14E.4 Salary API License

Where Customer receives access to a Salary Calculator API, SupportFinity grants Customer a limited, non-exclusive, non-transferable, revocable right during the subscription term to access and use the API for Customer's authorized internal or customer-facing business purposes as specified in the applicable Order Form.

14E.5 API Restrictions

Customer may not:

exceed applicable rate limits;
share API credentials;
circumvent authentication;
resell raw API data unless expressly authorized;
create an unauthorized permanent copy of SupportFinity's compensation database;
use the API to construct a substantially competing salary-data product;
reverse engineer proprietary methodologies;
use API output to train a competing compensation model or dataset without written permission; or
cache or retain API data beyond limits stated in the applicable Documentation or Order Form.

14E.6 API Changes

SupportFinity may update API endpoints, schemas, authentication, limits, or Documentation.

SupportFinity will use commercially reasonable efforts to provide reasonable notice before materially disruptive changes to generally available APIs where practicable.

14F. ASSESSMENTS AND ASSESSMENTS MARKETPLACE TERMS

14F.1 Assessment Services

SupportFinity may allow Customer to:

create assessments;
generate questions using AI;
use SupportFinity-provided assessments;
access marketplace assessments;
administer assessments;
invite candidates;
score or evaluate responses; and
review assessment results.

14F.2 Customer Responsibility

Customer is responsible for determining whether an assessment is:

job-related;
appropriate for the relevant role;
appropriately validated where validation is legally required;
accessible to candidates;
suitable for the relevant jurisdiction; and
used in a lawful and non-discriminatory manner.

14F.3 Reasonable Accommodations

Customer is responsible for providing reasonable accommodations, alternative assessment methods, additional time, accessible formats, or other accommodations where required by applicable law.

14F.4 Assessment Results

Assessment scores and AI-generated evaluations are decision-support information.

They should not be interpreted as guaranteed measures of future job performance.

Customer remains responsible for determining the weight given to assessment results.

14F.5 Restricted Assessments

Unless specifically designed, authorized, and legally appropriate for such purposes, Customer may not use SupportFinity assessments to:

diagnose medical conditions;
diagnose mental-health conditions;
collect prohibited disability information;
infer protected characteristics;
perform unlawful psychological profiling;
conduct unlawful lie detection;
infer sensitive attributes; or
circumvent restrictions applicable to pre-employment medical or disability inquiries.

14F.6 Marketplace Content

The Assessments Marketplace may include content created by:

SupportFinity;
third-party publishers;
subject-matter experts;
marketplace contributors; or
AI-assisted systems.

Third-party assessment content may be subject to additional licensing terms.

SupportFinity does not necessarily endorse every third-party assessment or guarantee that a marketplace assessment is appropriate for Customer's particular position, workforce, or jurisdiction.

14F.7 Assessment Intellectual Property

Assessment questions, scoring systems, methodologies, explanatory materials, and marketplace content may be protected by intellectual-property rights belonging to SupportFinity or third-party licensors.

Customer receives only the usage rights expressly provided under the applicable subscription.

Customer may not reproduce, publish, sell, distribute, disclose, scrape, or create unauthorized derivative assessment databases.

14F.8 Assessment Integrity

Customer must take reasonable measures to protect confidential assessment content and prevent unauthorized disclosure of test questions, answer keys, scoring methodologies, or other restricted materials.

15. THIRD-PARTY SERVICES AND INTEGRATIONS

The Services may interoperate with third-party products such as email providers, calendar platforms, video-conferencing systems, professional networks, social networks, identity providers, job boards, communication providers, and other applications.

Third-party services are governed by their respective terms and privacy policies.

SupportFinity is not responsible for:

third-party service outages;
changes in third-party APIs;
changes in third-party terms;
decisions by third parties to restrict Customer's account;
third-party data loss;
third-party security incidents; or
discontinuation of third-party functionality outside SupportFinity's reasonable control.

SupportFinity may modify or discontinue an integration where necessary because of third-party changes, security concerns, legal requirements, or technical limitations.

16. SUPPORTFINITY INTELLECTUAL PROPERTY

SupportFinity and its licensors retain all right, title, and interest in and to:

the Services;
software;
platform design;
algorithms;
models;
documentation;
APIs;
interfaces;
databases;
data compilations;
assessment content;
methodologies;
trademarks;
patents;
copyrights;
trade secrets; and
improvements to the foregoing.

Except for rights expressly granted under the Agreement, no intellectual-property rights are transferred to Customer.

17. FEEDBACK

If Customer voluntarily provides feedback, ideas, recommendations, or suggestions concerning the Services, SupportFinity may use that feedback without restriction or payment, provided SupportFinity does not publicly identify Customer as the source without permission.

18. THIRD-PARTY AND LICENSED DATA

Certain Services may incorporate information, functionality, or materials provided by third parties.

Such materials may be subject to third-party rights or restrictions.

SupportFinity may modify, restrict, replace, or discontinue access to third-party data where necessary to comply with applicable law, contractual obligations, privacy requests, source restrictions, or changes affecting availability.

19. BETA, PREVIEW, AND EXPERIMENTAL FEATURES

SupportFinity may offer beta, preview, early-access, experimental, or evaluation features.

Unless otherwise agreed:

such features may change or be discontinued;
they may contain errors;
they may not have the same support commitments as generally available features; and
Customer should not rely on them for critical operations unless SupportFinity has approved such use.

Confidential beta features may not be publicly disclosed without SupportFinity's permission.

20. SUPPORT AND SERVICE AVAILABILITY

SupportFinity will provide support and availability commitments in accordance with Customer's applicable subscription plan, Order Form, or SLA.

SupportFinity may perform scheduled and emergency maintenance.

SupportFinity may temporarily restrict functionality where reasonably necessary to address:

security vulnerabilities;
legal requirements;
abuse;
infrastructure issues;
threats to service integrity; or
third-party platform requirements.

SupportFinity will use commercially reasonable efforts to minimize disruption.

21. SUSPENSION

SupportFinity may suspend Customer's access where reasonably necessary because of:

material violation of the Agreement;
security risk;
fraudulent or unlawful activity;
non-payment of undisputed fees;
misuse of Personal Data;
abusive outreach;
material risk to candidates or third parties;
violation of applicable law;
material threat to SupportFinity's systems; or
third-party platform restrictions that require suspension.

Where practicable and legally permitted, SupportFinity will provide notice and a reasonable opportunity to cure before suspending Service.

22. TERM AND TERMINATION

22.1 Term

The Agreement begins when Customer first accepts the Agreement or the applicable Order Form becomes effective and continues for the applicable subscription term.

22.2 Termination for Cause

Either party may terminate the Agreement if the other party:

materially breaches the Agreement and fails to cure the breach within thirty (30) days after written notice; or
becomes subject to bankruptcy, insolvency, liquidation, or similar proceedings to the extent termination is legally permitted.

A shorter cure period may apply to breaches involving security, unlawful conduct, or misuse where continued access presents material risk.

22.3 Effect of Termination

Upon termination:

Customer's rights to access paid Services end;
Customer must pay undisputed amounts accrued through termination;
each party must cease unauthorized use of the other's Confidential Information; and
Customer Data will be handled in accordance with the Agreement and DPA.

22.4 Data Export and Deletion

Subject to the applicable subscription and technical capabilities, Customer may export Customer Content during the subscription term.

Following termination, SupportFinity will delete or return Customer Personal Data in accordance with the DPA and applicable retention requirements.

SupportFinity may retain information where required by law, necessary to establish or defend legal claims, or maintained in secure backup systems until deleted through ordinary backup cycles.

23. WARRANTIES

23.1 Mutual Authority

Each party represents that it has authority to enter into the Agreement.

23.2 SupportFinity Service Warranty

SupportFinity warrants that during the applicable subscription term:

the Services will materially conform to applicable Documentation; and
SupportFinity will provide the Services in a professional and workmanlike manner.

Customer's exclusive remedy for material breach of this warranty is for SupportFinity to use commercially reasonable efforts to correct the non-conformity or, if SupportFinity cannot reasonably do so, permit Customer to terminate the affected Service and receive a prorated refund of prepaid unused fees for that affected Service.

23.3 Customer Warranty

Customer represents and warrants that:

it has necessary rights to Customer Content;
its instructions to SupportFinity are lawful;
its use of the Services complies with applicable law; and
it will not knowingly use the Services to violate third-party rights.

24. DISCLAIMERS

EXCEPT FOR EXPRESS WARRANTIES IN THE AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

SUPPORTFINITY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT TO THE EXTENT PERMITTED BY LAW.

SUPPORTFINITY DOES NOT WARRANT THAT:

EVERY SEARCH WILL IDENTIFY EVERY POTENTIAL CANDIDATE;
PROFILE DATA WILL ALWAYS BE COMPLETE OR CURRENT;
A CANDIDATE WILL RESPOND;
A CANDIDATE WILL ACCEPT EMPLOYMENT;
A CAMPAIGN WILL ACHIEVE A PARTICULAR RESPONSE RATE;
AN ASSESSMENT WILL PERFECTLY PREDICT JOB PERFORMANCE;
AI OUTPUT WILL ALWAYS BE ACCURATE;
SALARY ESTIMATES WILL MATCH ACTUAL COMPENSATION; OR
THE SERVICES WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED.

Nothing in this Section limits any express obligation contained in an applicable SLA, DPA, Security Addendum, or Order Form.

25. INDEMNIFICATION

25.1 SupportFinity IP Indemnification

SupportFinity will defend Customer against a third-party claim alleging that Customer's authorized use of the Services infringes that third party's patent, copyright, or trademark, and will pay damages finally awarded or agreed in settlement, subject to this Section.

SupportFinity will have no obligation to the extent a claim arises from:

Customer Content;
unauthorized modification;
use contrary to Documentation;
combination with products not supplied or approved by SupportFinity where the combination causes the infringement; or
continued use after SupportFinity has provided a non-infringing replacement.

If a Service becomes subject to an infringement claim, SupportFinity may:

obtain the right for Customer to continue using it;
modify or replace it with materially equivalent functionality; or
terminate the affected Service and refund prepaid unused fees for the terminated portion.

25.2 Customer Indemnification

Customer will defend SupportFinity against third-party claims arising from:

Customer Content;
Customer's unlawful recruiting practices;
Customer's unlawful outreach campaigns;
Customer's misuse of External Profile Data or Community Data;
Customer's violation of applicable employment or communications laws;
Customer's violation of third-party platform terms where Customer is responsible for compliance;
Customer's employment decisions; or
Customer's material breach of the Acceptable Use requirements.

Customer will pay damages finally awarded or agreed in settlement relating to such claims.

25.3 Procedure

An indemnified party must:

promptly notify the indemnifying party;
provide reasonable cooperation; and
permit the indemnifying party to control the defense and settlement.

The indemnifying party may not agree to a settlement admitting fault by or imposing non-monetary obligations on the indemnified party without prior written consent, not to be unreasonably withheld.

26. LIMITATION OF LIABILITY

26.1 Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR:

INDIRECT;
INCIDENTAL;
SPECIAL;
EXEMPLARY;
PUNITIVE; OR
CONSEQUENTIAL DAMAGES,

OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, OR GOODWILL ARISING FROM THE AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

26.2 General Liability Cap

EXCEPT FOR THE EXCLUSIONS BELOW, EACH PARTY'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO SUPPORTFINITY FOR THE AFFECTED SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

26.3 Enhanced Liability Cap

For liabilities arising from:

breach of confidentiality obligations;
breach of data-protection obligations;
a security incident caused by a party's breach of its contractual security obligations; or
indemnification obligations,

the parties may agree to an enhanced liability cap in the applicable Order Form or enterprise agreement.

If no separate enhanced cap is specified, the applicable cap will be two (2) times the general liability cap.

26.4 Exclusions From Caps

Nothing in the Agreement limits liability to the extent such limitation is prohibited by law or for:

fraud;
willful misconduct;
Customer's payment obligations; or
other liabilities that cannot lawfully be limited.

27. EMPLOYMENT AND ANTI-DISCRIMINATION COMPLIANCE

Customer is responsible for compliance with employment, labor, anti-discrimination, accessibility, pay-transparency, candidate-notification, automated-decision, and similar laws applicable to Customer.

Customer may not use SupportFinity to intentionally discriminate unlawfully based on characteristics protected by applicable law.

Customer is responsible for determining whether particular recruiting criteria are job-related and legally permissible.

Where law requires an assessment, notice, audit, accommodation, disclosure, impact assessment, or human review concerning Customer's use of recruiting technology, Customer is responsible for satisfying the obligation applicable to Customer.

SupportFinity will reasonably cooperate with Customer where SupportFinity is legally required to provide information necessary for such compliance.

28. COMPLIANCE WITH LAWS

Each party will comply with laws applicable to its performance under the Agreement, including as applicable:

data-protection and privacy laws;
employment and anti-discrimination laws;
electronic-communications laws;
anti-spam laws;
anti-bribery and anti-corruption laws;
export-control laws;
sanctions laws; and
other applicable business regulations.

Neither party is required to take an action that would violate applicable law.

29. EXPORT CONTROLS AND SANCTIONS

Customer may not access or use the Services where such access or use would violate applicable trade sanctions or export-control laws.

Customer represents that it is not prohibited from receiving the Services under applicable sanctions or export-control restrictions.

30. AUDITS AND COMPLIANCE INFORMATION

Upon reasonable request and subject to appropriate confidentiality restrictions, SupportFinity may provide enterprise Customers with applicable security and compliance information reasonably necessary for vendor-risk assessments.

Where Customer has audit rights under applicable Data Protection Laws, those rights will be exercised in accordance with the DPA in a manner designed to avoid unnecessary disruption, duplication, or security risk.

31. SUBPROCESSORS

SupportFinity may use affiliates and third-party service providers to provide portions of the Services.

Where SupportFinity acts as a processor of Customer Personal Data, appointment and management of subprocessors will be governed by the DPA.

SupportFinity remains responsible for its subprocessors to the extent required under the DPA and applicable law.

32. INSURANCE

During the term of enterprise agreements, SupportFinity will maintain insurance coverage consistent with its business, risk profile, and contractual commitments.

Specific insurance requirements, certificates of insurance, or coverage limits may be addressed in an applicable enterprise Order Form or agreement.

33. PUBLICITY

Neither party may issue a press release implying endorsement by the other without prior permission.

SupportFinity may identify Customer as a customer or use Customer's name or logo only as permitted by the applicable Order Form or with Customer's authorization.

Customer may withdraw prospective marketing use of its logo by providing reasonable written notice unless otherwise agreed.

34. CHANGES TO THE SERVICES

SupportFinity continuously develops its platform and may improve, modify, add, or remove functionality.

SupportFinity will not materially reduce the core functionality of a paid Service during an active subscription term without providing substantially equivalent functionality or another commercially reasonable remedy, except where the change is necessary because of:

law;
security;
third-party platform requirements;
third-party data availability;
abuse prevention; or
circumstances outside SupportFinity's reasonable control.

35. CHANGES TO THESE TERMS

SupportFinity may update these Terms from time to time to reflect:

new Services;
legal or regulatory developments;
security requirements;
operational changes; or
product changes.

For material changes that adversely affect Customer's rights during a paid subscription, SupportFinity will provide reasonable advance notice where practicable.

Unless a change is required by law, security, or third-party requirements, material changes will not retroactively alter a negotiated Order Form during its current term.

36. FORCE MAJEURE

Neither party will be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including:

natural disasters;
war;
terrorism;
civil unrest;
labor disputes;
governmental action;
internet or telecommunications failures;
widespread cloud-service outages;
cyberattacks not caused by that party's breach of its security obligations;
epidemics;
pandemics; or
failures of critical third-party infrastructure.

This Section does not excuse Customer's obligation to pay fees already due.

37. ASSIGNMENT

Neither party may assign the Agreement without the other party's prior written consent, except that either party may assign the Agreement without consent in connection with:

a merger;
acquisition;
corporate reorganization; or
sale of substantially all assets relating to the Agreement,

provided the successor assumes the assigning party's obligations and is not a direct competitor of the non-assigning party where such restriction is legally enforceable.

38. NOTICES

Contractual notices must be sent to the addresses identified in the applicable Order Form.

Legal notices to SupportFinity should be sent to:

SupportFinity, Inc.
Attn: Legal
[Insert Current Legal Address]
Email: legal@supportfinity.com [Confirm before publication]

Notices concerning privacy may be sent to the contact identified in SupportFinity's Privacy Policy or DPA.

39. GOVERNING LAW AND DISPUTE RESOLUTION

The Agreement will be governed by the laws of [Insert Governing State/Jurisdiction], without regard to its conflict-of-laws principles.

The state and federal courts located in [Insert County and State] will have exclusive jurisdiction over disputes arising from or relating to the Agreement, unless the applicable Order Form provides otherwise.

Each party consents to jurisdiction and venue in those courts.

Nothing prevents either party from seeking immediate injunctive or equitable relief to protect Confidential Information, intellectual property, security, or Personal Data.

40. GOVERNMENT AND PUBLIC-SECTOR CUSTOMERS

If Customer is a governmental or public-sector entity and applicable law prevents Customer from accepting particular provisions concerning indemnification, governing law, jurisdiction, automatic renewal, or similar matters, the parties may address those requirements in the applicable Order Form or public-sector addendum.

41. INDEPENDENT PARTIES

The parties are independent contractors.

The Agreement does not create a partnership, franchise, joint venture, fiduciary relationship, agency, or employment relationship between SupportFinity and Customer.

Neither party may bind the other except as expressly authorized.

42. NO THIRD-PARTY BENEFICIARIES

Except where expressly stated otherwise, the Agreement does not create enforceable rights for any person or entity other than SupportFinity and Customer.

43. WAIVER AND SEVERABILITY

Failure to enforce a provision of the Agreement does not waive the right to enforce it later.

If a provision is determined to be invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remainder of the Agreement will remain in effect.

44. ENTIRE AGREEMENT

The Agreement constitutes the entire agreement between the parties regarding the Services and supersedes prior or contemporaneous communications concerning its subject matter.

Purchase-order terms, procurement-portal terms, or other Customer-generated terms will not modify the Agreement unless expressly accepted in writing by an authorized SupportFinity representative.

45. ELECTRONIC ACCEPTANCE

Electronic signatures, electronic Order Forms, click-through acceptance, and similar electronic methods may be used to enter into the Agreement to the extent permitted by applicable law.

Electronic copies will have the same effect as originals.

46. SURVIVAL

Provisions that by their nature should survive termination will survive, including provisions concerning:

accrued payment obligations;
confidentiality;
intellectual property;
privacy and data protection where applicable;
indemnification;
limitations of liability;
dispute resolution; and
post-termination data obligations.

47. CONTACT

Questions regarding these Terms may be directed to:

SupportFinity, Inc.
Website: supportfinity.com
Legal: info@supportfinity.com
Privacy:privacy@supportfinity.com
Address: 182 Howard Street, San Francisco, California.

48. CUSTOMER ACKNOWLEDGMENT

BY EXECUTING AN ORDER FORM, REGISTERING FOR A BUSINESS ACCOUNT, OR USING THE SERVICES, CUSTOMER ACKNOWLEDGES THAT:

SUPPORTFINITY CONSISTS OF MULTIPLE SERVICES WITH DIFFERENT LEGAL AND OPERATIONAL CHARACTERISTICS;
EACH SERVICE MAY BE SUBJECT TO SEPARATE SERVICE-SPECIFIC TERMS;
CUSTOMER IS RESPONSIBLE FOR ITS RECRUITING, COMMUNICATION, COMPENSATION, ASSESSMENT, AND EMPLOYMENT DECISIONS;
CUSTOMER WILL USE PERSONAL DATA AND COMMUNICATION TOOLS ONLY FOR LAWFUL PURPOSES;
AI OUTPUT IS INTENDED TO SUPPORT, RATHER THAN IMPROPERLY REPLACE, APPROPRIATE HUMAN JUDGMENT; AND
CUSTOMER HAS READ AND AGREES TO THESE TERMS AND ALL APPLICABLE SERVICE-SPECIFIC TERMS.