FoxSort Terms of Service

"Services" means FoxSort's websites, software, dashboards, application forms, AI-assisted recruiting workflows, integrations and related services.

"Customer" means an employer, recruiter, staffing company, agency or other organization that creates or uses a FoxSort account.

"User" means an individual who accesses the Services on behalf of a Customer.

"Candidate" means an applicant, job seeker or individual whose information is submitted to or processed through FoxSort in connection with a job opportunity.

"Customer Data" means information, content, settings, criteria, questions, jobs, notes, files, communications and other materials submitted to FoxSort by or on behalf of Customer or Users.

"Candidate Data" means personal information, resumes, application answers, documents, notes, stage data, status data and other information relating to Candidates.

"FoxSort Outputs" means summaries, scores, rankings, recommendations, match explanations, comparisons, search results, interview materials, workflow suggestions and other information generated or displayed by FoxSort.

FoxSort provides AI-assisted recruiting workflow software. FoxSort is not an employer, recruiter of record, staffing agency, employment agency, background check provider or final hiring decision-maker.

For Candidate Data processed in connection with a Customer's job opening, FoxSort generally acts as a service provider, processor or vendor acting on behalf of the Customer. The Customer controls the job, criteria, application workflow, review process and final decisions.

Customer is responsible for all activity under its account and for ensuring that Users comply with these Terms. Customer must keep login credentials confidential and maintain appropriate internal access controls.

FoxSort may suspend or terminate access if we believe an account is being used unlawfully, insecurely, fraudulently or in violation of these Terms.

Customer is solely responsible for its own hiring process and use of FoxSort, including:

• Providing any required Candidate notices and obtaining any required consents.
• Validating Customer's own job criteria, screening criteria and hiring workflows.
• Ensuring Customer's use of FoxSort is job-related, lawful and appropriate for the role.
• Deciding whether NYC AEDT, California, Colorado or other AI, employment, privacy, notice, audit, impact assessment, human review, appeal, opt-out or accommodation rules apply.
• Responding to Candidate rights, accommodation, appeal, human review or alternative process requests where required.
• Reviewing FoxSort Outputs with appropriately trained human personnel before using them in Candidate-impacting decisions.
• Hiring, rejection, interview, offer, employment and Candidate communication decisions.
• Configuring integrations, account permissions, user access and data retention settings.

Customer must not use FoxSort in a way that unlawfully discriminates against Candidates or unlawfully denies employment opportunities.

FoxSort may provide automated or AI-assisted features that generate FoxSort Outputs. FoxSort Outputs are assistive only.

FoxSort Outputs may be incomplete, inaccurate, outdated, biased, misleading or unsuitable for a specific decision. Customer must review FoxSort Outputs before relying on them.

Customer must not rely solely on FoxSort Outputs to reject, advance, interview, hire, fire, promote or otherwise make employment-related decisions.

Customer must not represent FoxSort Outputs as verified facts, final decisions or legal compliance determinations.

FoxSort is not a consumer reporting agency, background check provider, legal compliance service, immigration verification service or professional HR, legal or compliance advisor.

Customer must not use FoxSort as a substitute for legally required background checks, work authorization checks, legal advice, employment compliance review or any regulated screening process.

Customers, Users and Candidates must not:

• Use FoxSort as the sole basis to reject, advance, interview, hire, fire, promote or otherwise make employment-related decisions.
• Use FoxSort to unlawfully discriminate against Candidates or employees.
• Intentionally screen based on race, color, religion, sex, pregnancy, sexual orientation, gender identity, national origin, age, disability, veteran status, genetic information or any other protected trait.
• Use protected traits or unlawful proxies as hiring criteria.
• Use FoxSort for credit, housing, insurance, medical, education admissions, criminal justice or other regulated high-impact decisions unless FoxSort separately agrees in writing.
• Upload sensitive data unless legally permitted and necessary for the applicable hiring workflow.
• Upload Customer Data or Candidate Data that Customer does not have the right to process.
• Attempt to extract prompts, models, scoring logic, source code, system architecture or non-public security information.
• Use FoxSort to build, train, benchmark or improve a competing product or service.
• Spam Candidates or send unlawful, deceptive or unauthorized communications.
• Interfere with, reverse engineer, scrape, overload or misuse the Services.
• Use FoxSort for unlawful, deceptive, harmful or abusive purposes.

Candidates acknowledge that FoxSort is a software provider and is not the employer, recruiter, staffing agency or hiring decision-maker for the role. The Customer responsible for the job makes hiring, rejection, interview, offer and employment decisions.

FoxSort does not guarantee that any application will be reviewed, that any Candidate will receive an interview or offer, or that any job opportunity will remain available.

Candidates must provide truthful, accurate and non-misleading information and must not misuse application forms, upload malicious files, impersonate others or interfere with the Services.

Questions about a specific job, application status, hiring decision, interview, rejection, accommodation request or alternative selection process should be directed to the Customer responsible for the role.

By submitting an application through FoxSort, Candidates agree to these Terms, the Privacy Policy and the Candidate Processing Notice.

FoxSort's arbitration agreement and class action waiver apply to Candidates to the fullest extent permitted by law.

Customer is responsible for the legality, accuracy, quality and appropriateness of Customer Data and Candidate Data submitted to FoxSort. Customer represents that it has all rights, permissions and legal authority necessary to submit and process that data through FoxSort.

FoxSort may process Customer Data and Candidate Data to provide, secure, support, maintain and improve the Services, as described in the Privacy Policy, Candidate Processing Notice, Subprocessors page and any applicable data processing agreement.

Customers may request export or deletion of Customer Data and Candidate Data, subject to platform functionality, applicable law, backup retention, security logs, legal obligations and any applicable data processing agreement.

FoxSort is not responsible for data deleted by Customer or User action, Customer configuration, expired accounts or third-party integration errors.

Customers may connect FoxSort to third-party services. Customer is responsible for choosing, configuring and authorizing integrations.

Third-party services are governed by their own terms and privacy practices. FoxSort is not responsible for third-party services outside our control. FoxSort's current subprocessors are listed on the Subprocessors page.

Customer must pay all fees described in the applicable order, checkout flow, invoice or subscription plan. Fees are due in advance unless invoiced otherwise.

Subscriptions renew automatically unless cancelled according to the applicable plan, order or account settings.

Customer authorizes FoxSort and its payment processor to charge Customer's payment methods for fees, renewals, usage charges and applicable taxes.

Taxes are Customer's responsibility, except taxes on FoxSort's income. Unless stated otherwise, fees are non-refundable except where required by law or expressly agreed in writing.

FoxSort may change prices on notice before renewal. FoxSort may suspend or terminate access for unpaid fees, failed payments, chargebacks or suspected payment fraud.

Each party must protect the other party's non-public business, technical, pricing, security, candidate, customer and product information using reasonable care. Confidential information may be used only to perform or receive the Services, comply with law or exercise rights under these Terms.

FoxSort uses reasonable administrative, technical and organizational safeguards designed to protect information against unauthorized access, loss, misuse, alteration and disclosure. FoxSort does not guarantee absolute security.

Customers are responsible for managing User access, permissions, passwords, connected integrations and their own devices, networks and systems.

FoxSort and its licensors own all rights, title and interest in the Services, software, interfaces, workflows, documentation, designs, models, systems and related intellectual property. These Terms do not transfer FoxSort intellectual property to Customer, Users or Candidates.

Customer retains ownership of Customer Data and Candidate Data, subject to the rights granted to FoxSort to provide and operate the Services. If Customer, a User or a Candidate provides feedback, suggestions or ideas, FoxSort may use them without restriction or obligation.

The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, FoxSort disclaims all warranties, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, title and non-infringement.

FoxSort does not warrant that FoxSort Outputs are complete, accurate, unbiased, lawful, compliant or suitable for any particular decision. FoxSort does not guarantee hiring outcomes, Candidate quality, Candidate truthfulness, Candidate availability, legal work authorization, job availability, interview results or employment decisions.

To the maximum extent permitted by law, FoxSort will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, lost profits, lost revenue, loss of business opportunity, reputational harm, loss of goodwill, hiring outcomes, employment outcomes, claims arising from Candidate applications, hiring decisions, rejection decisions, interview decisions, employment outcomes, or Customer hiring workflows, business interruption or loss or corruption of data.

To the maximum extent permitted by law, FoxSort's total liability for all claims arising out of or relating to the Services or these Terms is capped collectively at the fees paid by Customer to FoxSort in the twelve months before the event giving rise to the claim.

For Candidates and non-paying users, FoxSort's total liability for all claims is capped collectively at one hundred US dollars.

Customer will defend, indemnify and hold harmless FoxSort and its affiliates, officers, directors, employees, representatives and service providers from and against claims, damages, losses, liabilities, penalties, costs and expenses, including reasonable attorneys' fees, arising out of or relating to:

• Customer Data, Candidate Data or materials supplied by Customer.
• Customer's job criteria, screening process, application questions or hiring workflows.
• Claims by Candidates, applicants, employees, contractors, regulators, government agencies or third parties arising from Customer's use of FoxSort.
• Customer's employment-law, anti-discrimination, accommodation, privacy, notice, audit, impact assessment or automated-decision-tool compliance failures.
• Customer's failure to provide required notices or obtain required consents.
• Customer's failure to conduct required audits, assessments or impact assessments.
• Customer's failure to provide accommodation, human review, appeal or alternative process where required.
• Customer's reliance on FoxSort Outputs without human review.
• Customer's hiring, rejection, interview, offer or employment decisions.
• Customer's misuse of FoxSort, FoxSort Outputs or third-party integrations.

FoxSort will defend Customer against third-party claims alleging that the FoxSort software, as provided by FoxSort and used according to these Terms, infringes a US patent, copyright or trademark, and will pay damages finally awarded or amounts agreed in settlement, provided Customer promptly notifies FoxSort and allows FoxSort to control the defense.

FoxSort has no obligation for claims arising from Customer Data, Candidate Data, third-party services, modifications not made by FoxSort, use outside these Terms or combinations with products or services not provided by FoxSort.

Customer may stop using FoxSort at any time. FoxSort may suspend or terminate access for violation of these Terms, security risk, legal risk, non-payment, misuse or discontinuation of the Services.

After termination, FoxSort may delete, anonymize or retain data as described in the Privacy Policy, Candidate Processing Notice and any applicable agreement, subject to backup, legal, audit, tax, security and operational retention needs.

Before filing arbitration or any permitted court action, a party must first send written notice describing the dispute and requested relief to operations@foxsort.com. The parties will attempt in good faith to resolve the dispute informally for 30 days.

To the maximum extent permitted by law, any dispute, claim or controversy arising out of or relating to these Terms, FoxSort, the Services, application submission or Candidate processing will be resolved by binding individual arbitration. This arbitration agreement is governed by the Federal Arbitration Act.

Arbitration will be administered by the American Arbitration Association. Customer and business disputes will use the AAA Commercial Arbitration Rules. Candidate and individual disputes will use the AAA Consumer Arbitration Rules where legally required. If AAA is unavailable, the parties must use a substantially similar arbitration provider, or a court of competent jurisdiction must appoint one.

The seat and venue of arbitration will be Virginia, unless remote proceedings are selected by the arbitrator or required by applicable rules or law. The arbitration will be conducted in English.

Claims must be brought only in an individual capacity. No party may bring, join, participate in or recover relief through any class action, collective action, consolidated action, representative action, private attorney general action or class arbitration. The arbitrator may not consolidate claims or preside over any form of class, collective, consolidated or representative proceeding unless FoxSort expressly agrees in writing.

Either party may bring qualifying claims in small claims court. Either party may seek injunctive or equitable relief in court for intellectual property misuse, security misuse, unauthorized access or misuse of the Services. FoxSort may bring court actions to collect unpaid fees.

If the class action waiver is found unenforceable for a particular claim, then class, collective or representative claims must proceed in court and not in arbitration, while individual claims remain in arbitration where enforceable.

If 25 or more similar arbitration demands are filed by or with coordinated counsel, the demands will proceed through a staged process. First, each side will select up to five demands for bellwether arbitration. All other coordinated demands will be stayed. After the bellwether cases conclude, the parties will participate in mediation. If unresolved, remaining demands will proceed in batches of up to 25 at a time unless the parties agree otherwise or the arbitrator orders a different process.

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law rules. For any dispute that is not subject to arbitration, the exclusive venue will be the state or federal courts located in Virginia, and each party consents to those courts.

FoxSort is not responsible for delay or failure caused by events beyond its reasonable control, including outages, labor disputes, war, terrorism, natural disasters, government action, internet failures, provider failures or security incidents.

FoxSort may modify, suspend, discontinue, replace or remove features, integrations, AI models, workflows or parts of the Services at any time, provided this does not materially reduce paid Services during an active paid term unless required for security, legal, operational or third-party provider reasons.

Customer may not assign these Terms without FoxSort's prior written consent, except to a successor in connection with a merger, acquisition, reorganization or sale of substantially all assets, provided the successor is not a direct competitor of FoxSort, assumes all obligations under these Terms, and the assignment does not increase legal, security, operational or compliance risk for FoxSort. FoxSort may assign these Terms as part of a merger, acquisition, financing, reorganization or sale of assets.

If any provision is unenforceable, the remaining provisions will remain in effect. Failure to enforce a provision is not a waiver. These Terms, together with any order form, signed agreement, data processing agreement and referenced policies, are the entire agreement between the parties.

If a signed order form or written agreement conflicts with these website Terms, the signed order form or written agreement controls for that Customer. Payment, confidentiality, intellectual property, disclaimers, limitation of liability, indemnity, arbitration, class waiver, governing law and data-related provisions survive termination.

FoxSort LLC
5413 Snead Road, Richmond, Virginia 23224, United States
operations@foxsort.com