Terms of Service

1. Agreement to Terms

By accessing or using thepassband applicant tracking platform ("Service"), operated by Ravix Group Inc. ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms apply to all users of the Service, including administrators, recruiters, and any other personnel granted access by an organization ("Subscriber") that has entered into a separate agreement with us.

2. Description of Service

thepassband is a cloud-based applicant tracking system (ATS) designed for staffing firms and executive search practitioners. The Service includes candidate database management, job pipeline tracking, AI-assisted resume parsing, outreach automation, and related tools provided via a web application.

3. Account Registration and Access

Access to the Service is provided on an organization basis. Each Subscriber is responsible for managing user accounts within their organization, including creating, modifying, and deactivating access credentials. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You must notify us immediately at support@thepassband.com if you suspect unauthorized access to your account.

4. Subscriber Data and Candidate Data

"Subscriber Data" means all data, content, and information submitted to the Service by you or your organization, including candidate profiles, resumes, notes, and communications. You retain ownership of all Subscriber Data. By submitting data to the Service, you grant us a limited, non-exclusive license to process that data solely to provide the Service.

You represent and warrant that you have obtained all necessary consents and have the legal right to collect, store, and process any personal data (including candidate personal data) that you submit to the Service. You are responsible for your organization's compliance with applicable data protection laws, including but not limited to the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR), and applicable state and federal employment laws.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable law
• Send unsolicited commercial messages in violation of the CAN-SPAM Act or similar laws
• Discriminate against candidates on the basis of any protected characteristic in violation of federal, state, or local equal employment opportunity laws
• Attempt to gain unauthorized access to any portion of the Service or its related systems
• Reverse engineer, decompile, or disassemble any part of the Service
• Upload or transmit viruses, malware, or other malicious code
• Use the Service to build a competing product or service

6. AI-Powered Features

The Service uses artificial intelligence to assist with resume parsing, candidate matching, and outreach drafting. AI-generated content is provided as a tool to assist users and does not constitute legal, employment, or other professional advice. You are solely responsible for reviewing AI-generated output before acting on it. We make no guarantee that AI features will be error-free or that results will be suitable for any particular purpose.

7. Email Outreach

The Service includes tools to send outreach emails to candidates. By using these features, you agree to comply with all applicable anti-spam laws including the CAN-SPAM Act and CASL. You are responsible for ensuring that outreach is sent only to candidates who have not opted out and for whom you have a legitimate business reason to contact. We reserve the right to suspend email sending for accounts that generate excessive complaints or violate our sending policies.

8. Payment and Billing

Subscription fees are billed in accordance with the plan selected by the Subscriber. All fees are non-refundable except as required by law or as expressly stated in a separate agreement. We reserve the right to modify pricing with thirty (30) days' written notice. Failure to pay may result in suspension or termination of access to the Service.

9. Intellectual Property

The Service, including its software, design, and content, is owned by the Company and protected by intellectual property laws. Nothing in these Terms grants you ownership rights in the Service. All rights not expressly granted are reserved by the Company.

10. Confidentiality

Each party agrees to maintain the confidentiality of the other party's non-public information and to use such information only for the purposes of the Service. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless the Company and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

14. Termination

Either party may terminate the Service relationship with written notice. We may suspend or terminate your access immediately for material breach of these Terms. Upon termination, your right to use the Service ceases. We will retain your data for thirty (30) days following termination to allow for export, after which we may delete it.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of California without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration in San Francisco, California, except that either party may seek injunctive relief in a court of competent jurisdiction.

16. Changes to These Terms

We may modify these Terms at any time. We will notify Subscribers of material changes via email or in-app notice at least fourteen (14) days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

17. Contact

Questions about these Terms should be directed to: legal@thepassband.com
Ravix Group Inc., San Francisco, CA