These Terms of Service (the "Terms") form a legal agreement between Hirex HR, Inc., a Delaware corporation with its principal office at 8 The Green STE D, Dover, Delaware 19901, USA ("Hirex", "we", "us", "our"), and the entity that subscribes to or accesses the Hirex platform (the "Customer", "you", "your").
By creating an account, accessing the Services, or signing an order form that references these Terms, you agree to be bound by them. If you are accepting these Terms on behalf of an entity, you represent that you have authority to bind that entity, and "Customer" refers to that entity.
These Terms incorporate by reference the Privacy Policy at gethirex.com/trust/privacy-policy, the Data Processing Addendum at gethirex.com/trust/dpa, the Sub-processors list at gethirex.com/trust/sub-processors, and any Order Form signed between the parties. In the event of a conflict, the order of precedence is: (i) the Order Form, (ii) the Data Processing Addendum, (iii) these Terms, (iv) any other policy referenced.
1. Definitions
Capitalised terms used in these Terms have the meanings set out below.
- "Affiliate" means an entity that controls, is controlled by, or is under common control with a party.
- "Authorised User" means an individual employee, contractor, or representative of the Customer whom the Customer authorises to access the Services.
- "Candidate Data" means personal data relating to job applicants, candidates, references, and other individuals whom the Customer processes through the Services in connection with hiring activities.
- "Customer Data" means all data, content, and information submitted to the Services by or on behalf of the Customer, including Candidate Data, account data, and configuration data.
- "Documentation" means the user-facing documentation made available at help.gethirex.com.
- "Order Form" means an ordering document signed by the parties that references these Terms and specifies the subscription details, including subscription tier, term, and fees.
- "Personal Data" has the meaning given in the Data Processing Addendum.
- "Services" means the Hirex applicant tracking and recruiting platform available at app.gethirex.com, together with any related APIs, integrations, mobile applications, and Documentation.
- "Subscription Term" means the period of the Customer's subscription as specified in the Order Form or, in the absence of an Order Form, the period during which the Customer maintains an active account.
2. The Service
2.1 Hirex provides a cloud-based applicant tracking and recruiting platform that allows Customers to publish job postings, collect and manage candidate applications, communicate with candidates, evaluate candidates using structured tools and AI-assisted features, schedule interviews, and generate reports.
2.2 Hirex will provide the Services in accordance with these Terms, the Order Form, and the Documentation. Hirex reserves the right to improve, modify, or enhance the Services from time to time, provided such changes do not materially reduce the core functionality available to the Customer during the Subscription Term.
2.3 The Services are intended for use by businesses, not consumers. The Services are not directed to children under 16 and may not be used to process personal data of children.
3. Accounts
3.1 To use the Services, Authorised Users must create individual accounts and accept the applicable account terms presented at sign-up.
3.2 The Customer is responsible for: (a) the activity of every Authorised User on its tenant, (b) maintaining the confidentiality of account credentials, (c) configuring access controls and permissions, and (d) promptly notifying Hirex if it suspects unauthorised access.
3.3 Authorised Users must be at least 18 years old and must use credentials only to access the Services on the Customer's behalf. Credential sharing among individuals is not permitted.
3.4 Hirex offers single sign-on (SSO), two-factor authentication, and role-based access controls. Enterprise tier Customers may use SCIM provisioning. Customers are responsible for enabling and configuring these controls in line with their own security policies.
4. Subscriptions and fees
4.1 Subscription tiers, fees, billing frequency, and Subscription Term are specified in the Order Form. Absent an Order Form, subscription details and fees are those published at gethirex.com/pricing at the time of subscription.
4.2 Fees are payable in advance unless otherwise stated. Payment is processed through Stripe; the Customer is responsible for keeping payment information current.
4.3 All fees are exclusive of applicable taxes, levies, or duties, which the Customer is responsible for paying.
4.4 Hirex may revise its pricing on at least 30 days' written notice. Revised pricing takes effect on the next renewal of the Subscription Term.
4.5 Late payments may accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. Hirex may suspend access to the Services if fees remain unpaid more than 30 days past their due date, on prior written notice.
5. Free trials and beta features
5.1 Hirex may offer free trials, free tiers, or proof-of-concept access. Free trials are provided without any warranty and may be terminated by Hirex at any time.
5.2 Hirex may from time to time make features available on a beta or preview basis. Such features are provided as-is, may change or be withdrawn without notice, and are not subject to any service level commitment.
6. Customer responsibilities
6.1 The Customer is responsible for: (a) compliance with all laws applicable to its use of the Services, including employment law, anti-discrimination law, and data protection law in the jurisdictions where it operates and where Candidate Data originates, (b) the accuracy and legality of Customer Data, (c) obtaining all required consents from data subjects, (d) providing required notices to data subjects, and (e) responding to data subject requests as the data controller for Candidate Data.
6.2 The Customer is responsible for ensuring its Authorised Users comply with these Terms.
6.3 Where the Customer enables integrations with third-party services (such as assessment platforms, background-check providers, video interview tools, or HR information systems), the Customer is responsible for the terms governing those services and for executing any required agreements with those providers.
7. Acceptable use
The Customer and its Authorised Users will not, and will not permit any third party to:
(a) use the Services in violation of any applicable law or regulation; (b) use the Services to process personal data of children under 16; (c) infringe any third party's intellectual property, privacy, or other rights; (d) introduce malware, viruses, or other harmful code into the Services; (e) attempt to gain unauthorised access to the Services or to data of other Customers; (f) reverse engineer, decompile, or disassemble the Services, except to the extent applicable law permits notwithstanding this restriction; (g) resell, sublicense, or otherwise commercially exploit the Services without Hirex's written consent; (h) use the Services to send unsolicited communications in violation of applicable anti-spam law; (i) use automated means (including the API) in a way that imposes a disproportionate load on the Services or that interferes with the Services for other Customers; (j) misrepresent the Customer's relationship with Hirex or use Hirex's trademarks without permission.
Hirex may suspend access to the Services if it reasonably believes any of the above is occurring, on notice where practicable.
8. Customer Data
8.1 As between the parties, the Customer retains all right, title, and interest in and to Customer Data.
8.2 The Customer grants Hirex a non-exclusive, worldwide, royalty-free licence to access, host, copy, process, and transmit Customer Data solely as necessary to provide the Services and to comply with the Customer's documented instructions, in accordance with these Terms, the Privacy Policy, and the Data Processing Addendum.
8.3 The Customer represents and warrants that it has all rights, consents, and authorisations necessary to provide Customer Data to Hirex for processing under these Terms.
8.4 The Customer may export Customer Data at any time during the Subscription Term through the Services interface or the API, in machine-readable formats.
8.5 Hirex may use aggregated and anonymised data derived from use of the Services to operate, improve, and develop the Services, provided such data does not identify the Customer, any Authorised User, or any data subject.
9. AI features and processing
9.1 The Services include AI-assisted features, including CV parsing, candidate match scoring, evaluation summaries, content generation, video interview transcription, and candidate sourcing. The current set of AI features and the third-party model providers used are disclosed at gethirex.com/trust/ai.
9.2 Hirex does not use Customer Data or Candidate Data to train any AI provider's models. Where the provider supports zero-data-retention on enterprise tiers, Hirex operates on those terms.
9.3 Hirex does not make solely automated decisions about candidates within the meaning of Article 22 of the GDPR or analogous laws. All AI outputs inform decisions made by the Customer's Authorised Users. The Customer is responsible for any final hiring decision.
9.4 The Customer is responsible for compliance with employment-related AI laws applicable to its hiring activities, including but not limited to: New York City Local Law 144 (Automated Employment Decision Tools), the Illinois Artificial Intelligence Video Interview Act, the Colorado AI Act, and the EU AI Act. Hirex provides technical documentation reasonably necessary to support the Customer's compliance, on written request.
9.5 AI features can be enabled or disabled by the Customer at the tenant level. Where the Customer disables an AI feature, the corresponding functionality is not available to its Authorised Users.
10. Privacy and Data Protection
10.1 Hirex processes Personal Data in accordance with the Privacy Policy at gethirex.com/trust/privacy-policy.
10.2 To the extent Hirex processes Candidate Data or other Personal Data on the Customer's behalf, the Data Processing Addendum at gethirex.com/trust/dpa applies and is incorporated into these Terms by reference. The Customer is the data controller and Hirex is the data processor in respect of such Personal Data.
10.3 The Customer is responsible for complying with applicable data protection laws in its capacity as data controller, including providing required notices to candidates, configuring lawful retention rules, and responding to data subject requests.
11. Sub-processors
11.1 Hirex engages third-party sub-processors to provide the Services. The current list is published at gethirex.com/trust/sub-processors.
11.2 Hirex will notify Customers at least 30 days before adding or replacing a sub-processor that processes Customer Personal Data. Notification mechanisms are described on the sub-processors page.
11.3 Customers may object to a new sub-processor on reasonable data protection grounds as set out in the Data Processing Addendum.
12. Confidentiality
12.1 Each party may receive information from the other party that the disclosing party identifies as confidential or that, given its nature, a reasonable person would understand to be confidential ("Confidential Information").
12.2 The receiving party will: (a) use Confidential Information only as needed to perform its obligations or exercise its rights under these Terms, (b) protect Confidential Information using at least the same degree of care it uses to protect its own confidential information (and in no event less than reasonable care), and (c) not disclose Confidential Information to any third party except to its Affiliates, employees, advisors, and contractors who have a need to know and who are bound by confidentiality obligations at least as protective as these.
12.3 The obligations in this section do not apply to information that: (a) is or becomes publicly available without breach of these Terms, (b) the receiving party can document was rightfully known prior to disclosure, (c) is rightfully received from a third party without restriction, or (d) is independently developed without use of the Confidential Information.
12.4 The receiving party may disclose Confidential Information to the extent required by law or regulatory authority, provided that it gives prompt notice to the disclosing party (where legally permitted) and reasonable cooperation in seeking protective treatment.
13. Intellectual property
13.1 As between the parties, Hirex retains all right, title, and interest in and to the Services, including all underlying software, technology, designs, trademarks, documentation, and improvements (collectively, "Hirex IP"). No rights are granted to the Customer in Hirex IP except for the limited subscription rights expressly set out in these Terms.
13.2 The Customer retains all right, title, and interest in and to Customer Data, as set out in Section 8.
13.3 The Customer will not remove, alter, or obscure any proprietary notice on the Services.
14. Feedback
If the Customer provides Hirex with suggestions, comments, or feedback regarding the Services ("Feedback"), Hirex may use such Feedback without restriction or obligation. Feedback is provided on a non-confidential basis.
15. Service levels
15.1 Hirex targets 99.5% monthly uptime for the production Services. Historical uptime is published at status.gethirex.com.
15.2 Service credits, if any, are as set out in the Order Form for enterprise tier Customers. Outside an Order Form, no service credits apply.
15.3 Scheduled maintenance is communicated through the status page and is not counted against uptime calculations. Emergency maintenance may be conducted with such notice as is reasonably practicable.
16. Support
16.1 Hirex provides standard support during business hours via help.gethirex.com and the support email address published there. Enterprise tier Customers receive support according to the terms of their Order Form.
16.2 Hirex aims to acknowledge support requests within one business day. Resolution times depend on the nature and severity of the request.
17. Term and termination
17.1 These Terms take effect on the date the Customer first accepts them and continue for the Subscription Term, automatically renewing for successive terms of the same length unless either party provides written notice of non-renewal at least 30 days before the end of the then-current term.
17.2 Either party may terminate these Terms for cause if the other party materially breaches them and fails to cure the breach within 30 days after written notice. For non-payment, the cure period is 15 days.
17.3 Either party may terminate these Terms immediately on written notice if the other party becomes insolvent, files for bankruptcy, makes an assignment for the benefit of creditors, or has a receiver appointed over a substantial part of its assets.
17.4 The Customer may terminate these Terms at any time by cancelling its subscription, but is not entitled to any refund of fees paid for the current subscription period unless these Terms or the Order Form expressly provide otherwise.
18. Effect of termination
18.1 On termination or expiry, the Customer's right to access the Services ends. Hirex will retain Customer Data for 30 days after termination to allow export, after which Customer Data will be deleted in accordance with the Data Processing Addendum.
18.2 Sections of these Terms that by their nature should survive termination will survive, including: 1 (Definitions), 8 (Customer Data, to the extent of obligations during the export period), 12 (Confidentiality), 13 (Intellectual property), 14 (Feedback), 20 (Warranty disclaimer), 21 (Indemnification), 22 (Limitation of liability), 24 (Governing law), and 28 (General).
19. Suspension
Hirex may suspend access to the Services, in whole or in part: (a) for non-payment, on notice as set out in Section 4.5, (b) for material breach of Section 7 (Acceptable use), with notice where practicable, (c) for security or legal reasons, on such notice as is reasonably practicable. Hirex will lift suspensions promptly once the underlying cause is resolved.
20. Warranty disclaimer
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." HIREX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HIREX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR ANY OUTPUT WILL MEET THE CUSTOMER'S REQUIREMENTS.
AI-ASSISTED FEATURES MAY PRODUCE OUTPUTS THAT ARE INACCURATE, INCOMPLETE, OR BIASED. THE CUSTOMER IS RESPONSIBLE FOR REVIEWING ALL AI OUTPUTS AND FOR ANY HIRING DECISIONS BASED ON THEM.
21. Indemnification
21.1 By Hirex. Hirex will defend the Customer against any third-party claim alleging that the Services, used in accordance with these Terms, infringe a third party's intellectual property rights, and will pay any damages finally awarded or settlement amount agreed by Hirex. Hirex's obligations do not apply to claims arising from: (a) Customer Data, (b) modifications to the Services not made by Hirex, (c) combinations of the Services with other products not supplied by Hirex, or (d) use of the Services in violation of these Terms.
21.2 If the Services become, or in Hirex's reasonable opinion are likely to become, the subject of an infringement claim, Hirex may, at its option: (a) procure the right for the Customer to continue using the Services, (b) modify the Services to be non-infringing while preserving substantially equivalent functionality, or (c) terminate the affected portion of the Services and refund any pre-paid fees for the period after termination.
21.3 By Customer. The Customer will defend Hirex against any third-party claim arising from: (a) Customer Data or the Customer's processing instructions, (b) the Customer's use of the Services in violation of these Terms, (c) any hiring decision the Customer makes, or (d) the Customer's violation of applicable law.
21.4 The indemnifying party's obligations are conditional on the indemnified party: (a) giving prompt written notice of the claim, (b) granting the indemnifying party sole control of the defence and settlement (provided no settlement imposes a non-monetary obligation on the indemnified party without consent), and (c) providing reasonable cooperation.
21.5 The remedies in this section are the indemnifying party's exclusive obligations, and the indemnified party's exclusive remedy, for the claims covered.
22. Limitation of liability
22.1 EXCEPT FOR LIABILITY ARISING FROM A PARTY'S BREACH OF SECTION 12 (CONFIDENTIALITY), A PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 21, OR A PARTY'S GROSS NEGLIGENCE OR WILFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22.2 EXCEPT FOR THE EXCLUSIONS IN SECTION 22.1, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT OF FEES PAID OR PAYABLE BY THE CUSTOMER TO HIREX IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
22.3 NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.
23. Insurance
Hirex maintains commercially reasonable insurance coverage appropriate to its business, including cyber liability and professional indemnity coverage. Certificates of insurance are available to enterprise tier Customers on written request.
24. Governing law and venue
24.1 These Terms are governed by the laws of the State of Delaware, excluding its conflict of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.
24.2 The state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and the parties consent to personal jurisdiction in those courts. The Customer may bring a small-claims action in its own jurisdiction if the dispute qualifies.
24.3 For Customers outside the United States, the parties may agree on an alternative governing law and venue in an Order Form.
25. Notices
25.1 Notices to Hirex must be sent to: Hirex HR, Inc., 8 The Green STE D, Dover, Delaware 19901, USA, marked for the attention of the Legal Department, with a copy by email to legal@gethirex.com.
25.2 Notices to the Customer will be sent to the email address on file for the Customer's primary administrator. Notices about changes to these Terms may also be communicated through in-product notification.
25.3 Notices are deemed given on receipt for email and on the third business day after mailing for postal notices.
26. Modifications
26.1 Hirex may modify these Terms from time to time. Material changes will be communicated by email to the Customer's primary administrator and through the Services at least 30 days before they take effect. Continued use of the Services after the effective date of modified Terms constitutes acceptance.
26.2 If the Customer does not accept material changes, the Customer's exclusive remedy is to terminate these Terms by providing written notice before the effective date. On such termination, the Customer is entitled to a pro-rated refund of pre-paid fees for the period after termination.
27. Force majeure
Neither party will be liable for any delay or failure to perform any obligation under these Terms (other than payment obligations) to the extent the delay or failure is caused by circumstances beyond its reasonable control, including acts of God, natural disasters, acts of government, war, terrorism, civil disturbance, labour disputes, supply chain disruption, third-party service failures (including cloud infrastructure outages), or pandemic. The affected party will use reasonable efforts to mitigate the effects of the force majeure event.
28. General
28.1 Assignment. Neither party may assign these Terms without the other party's written consent, except that either party may assign these Terms to an Affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets, on written notice to the other party.
28.2 Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
28.3 No third-party beneficiaries. These Terms do not confer any rights on any third party.
28.4 Waiver. A waiver of any provision of these Terms is effective only if in writing and signed by the waiving party. Failure to enforce a provision is not a waiver of the right to enforce it later.
28.5 Severability. If any provision of these Terms is held to be unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
28.6 Entire agreement. These Terms, together with the Privacy Policy, the Data Processing Addendum, the Sub-processors list, and any Order Form, constitute the entire agreement between the parties with respect to the Services and supersede all prior or contemporaneous proposals, agreements, or communications.
28.7 Counterparts; electronic signatures. These Terms may be accepted electronically. Acceptance by electronic means has the same legal effect as a wet-ink signature.
28.8 Headings. Section headings are for convenience only and do not affect interpretation.
Contact
Questions about these Terms:
- Email: legal@gethirex.com
- Mail: Hirex HR, Inc., 8 The Green STE D, Dover, Delaware 19901, USA
For privacy or data protection matters, contact dpo@gethirex.com. For security questions, contact security@gethirex.com.
