Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Fink HR (“Fink HR,” “we,” “our,” or “us”). They govern your access to and use of the applicant tracking service at finkhr.comand any related websites, applications, and APIs (together, the “Service”).

By creating an account, posting a job, applying to a job, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who these Terms apply to

The Service has two kinds of users:

• Recruiters — employers and their authorized team members who create a workspace, post jobs, and review applications.
• Candidates — individuals who apply to a job through a public application page hosted by the Service.

Recruiters represent and warrant that they have the authority to bind their organization to these Terms and that they are acting for lawful hiring purposes.

2. Accounts and workspaces

To use the Service as a recruiter, you create an account with an email and password. The first person to create an account for a given organization becomes the workspace owner. The owner may invite additional members and assign each of them a role (admin, member, or viewer). You are responsible for keeping your credentials confidential and for all activity that occurs under your account.

You agree to provide accurate information, to keep it current, and to notify us promptly at security@finkhr.com if you believe your account has been compromised.

3. Acceptable use

You agree not to:

• Use the Service to post job listings or screen candidates in a manner that violates applicable anti-discrimination, equal-opportunity, wage, labor, or immigration laws.
• Upload or post content that is unlawful, infringing, defamatory, or that discloses another person’s personal data without a lawful basis.
• Send unsolicited commercial messages, spam, or mass communications that are unrelated to a legitimate hiring process.
• Attempt to probe, scan, or test the vulnerability of the Service, or breach any security or authentication measures without our written permission.
• Reverse engineer, scrape, or build a competing product from data obtained through the Service.
• Interfere with or disrupt the Service or the data of other users.

Recruiters are solely responsible for compliance with the laws of the jurisdictions in which they operate, including the Canadian Human Rights Act and applicable provincial human rights legislation (for example, the Ontario Human Rights Code), the Personal Information Protection and Electronic Documents Act (PIPEDA), United States equal-employment and fair-credit-reporting laws (where candidates or background checks involve the U.S.), and the General Data Protection Regulation (where applicable to EU candidates).

4. Candidate applications

Candidates apply to a job by authorizing a “Sign in with LinkedIn” connection on the public application page. The personal data we receive is described in our Privacy Policy. By applying, the candidate consents to our sharing that data with the employer who posted the job.

5. Your content

You retain ownership of the content you submit to the Service, including job descriptions, notes, and application data. You grant Fink HR a worldwide, non-exclusive, royalty-free license to host, store, transmit, and display your content for the purpose of operating and improving the Service and providing it to you and the other users of your workspace.

You represent and warrant that you have the rights necessary to grant the license above and that your content does not infringe or violate the rights of any third party.

6. Third-party services

The Service integrates with third-party services, including LinkedIn. Your use of those services is governed by their own terms. We are not responsible for the availability, accuracy, or content of any third-party service.

7. Fees

The Service is currently offered free of charge while in early access. We may introduce paid plans in the future; if we do, we will give recruiters reasonable advance notice and the opportunity to accept the new terms before any charge is applied.

8. Service availability

We work to keep the Service reliable, but we do not guarantee uninterrupted availability. We may perform maintenance, release updates, or change features at any time. We will use commercially reasonable efforts to notify recruiters of significant planned downtime in advance.

9. Termination

You may stop using the Service at any time. A workspace owner may delete the workspace, which will remove associated data in accordance with our Privacy Policy. We may suspend or terminate your access to the Service if we believe, in good faith, that you have violated these Terms, or if required by law. On termination, the provisions of these Terms that by their nature should survive, including Sections 5, 10, 11, and 13, will survive.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINK HR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR THAT DATA WILL NEVER BE LOST.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINK HR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100).

12. Indemnification

You agree to indemnify and hold Fink HR and its officers, directors, employees, and agents harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your content, or your breach of these Terms.

13. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the courts located in Toronto, Ontario, and you and Fink HR consent to the personal jurisdiction of those courts.

14. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will notify recruiters by email and update the effective date at the top of this page. Continued use of the Service after an update means you accept the revised Terms.

15. Contact

For questions about these Terms, write to legal@finkhr.com.