Terms & Conditions

These Terms & Conditions ("Terms", "Agreement") govern your access to and use of the CoffeeRMS platform, website, and services (collectively, the "Service"). By creating an account, accessing, or using any part of the Service, you agree to be bound by these Terms.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization. In that case, "you" and "your" will refer to that organization.

If you do not agree to these Terms, you must not access or use the Service. We reserve the right to update or modify these Terms at any time, and your continued use of the Service after such changes constitutes acceptance of the new Terms.

CoffeeRMS is a comprehensive recruitment management system designed to modernize and streamline the hiring process through conversational AI interfaces and intelligent automation. Our platform provides:

2.1 Core Features

• Job description creation and management with AI assistance
• Candidate profile tracking, management, and deep research capabilities
• AI-powered candidate screening and fit scoring
• Automated interview scheduling and AI interview functionality
• Recruitment campaign management and position allocation
• Integration with ChatGPT and other conversational AI platforms
• Real-time analytics, reporting, and hiring insights
• Team collaboration tools and role-based access controls
• Resume parsing and candidate data extraction
• Communication management and candidate engagement tracking

2.2 Service Availability

We strive to provide continuous access to the Service, but we do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Emergency repairs or security patches
• Third-party service provider outages
• Force majeure events beyond our control

We will make reasonable efforts to provide advance notice of scheduled maintenance, but we are not liable for any downtime or service interruptions.

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may add new features, remove existing features, or change how features work. We are not liable for any modifications, suspensions, or discontinuations of the Service.

3.1 General Responsibilities

As a user of CoffeeRMS, you agree to:

• Provide accurate, current, and complete information during registration and use
• Maintain the security and confidentiality of your account credentials
• Use the Service only for lawful recruitment and hiring purposes
• Comply with all applicable local, state, national, and international laws and regulations
• Respect candidate privacy and data protection rights at all times
• Obtain necessary consents from candidates before processing their data
• Notify us immediately of any unauthorized access or security breach
• Ensure your team members comply with these Terms

3.2 Prohibited Activities

You agree NOT to:

• Reverse engineer, decompile, or disassemble any part of the Service
• Attempt to gain unauthorized access to the Service or related systems
• Use the Service to transmit viruses, malware, or harmful code
• Scrape, crawl, or use automated tools to extract data without permission
• Interfere with or disrupt the Service or servers
• Use the Service for discriminatory hiring practices
• Share your account credentials with unauthorized parties
• Impersonate another person or entity
• Upload false, misleading, or fraudulent information
• Use the Service to spam or harass candidates
• Violate any applicable employment laws or regulations
• Resell or redistribute the Service without authorization

3.3 Compliance with Employment Laws

You are solely responsible for ensuring your use of CoffeeRMS complies with all applicable employment and anti-discrimination laws, including but not limited to:

• Equal Employment Opportunity (EEO) regulations
• Americans with Disabilities Act (ADA)
• Age Discrimination in Employment Act (ADEA)
• Fair Credit Reporting Act (FCRA) for background checks
• Local and international employment regulations

4.1 Account Creation

To use CoffeeRMS, you must create an account by providing accurate and complete information. You must be at least 18 years old and have the legal capacity to enter into contracts. If you are creating an account on behalf of an organization, you must have the authority to do so.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Ensuring your password is strong and unique
• Enabling multi-factor authentication when available
• Restricting access to your account and devices
• Immediately notifying us of any unauthorized access or security breach

We are not liable for any loss or damage arising from your failure to maintain account security.

4.3 Account Suspension and Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms or our policies
• Your account is used for fraudulent or illegal activities
• You fail to pay applicable fees
• Your account poses a security risk
• We are required to do so by law

You may terminate your account at any time through your account settings or by contacting us. Upon termination, you will lose access to the Service and your data may be deleted according to our data retention policies.

5.1 Your Responsibilities as Data Controller

When you use CoffeeRMS to process candidate data, you act as the data controller and are responsible for:

• Obtaining necessary consents from candidates before collecting their data
• Providing candidates with appropriate privacy notices
• Ensuring lawful basis for processing candidate personal data
• Complying with all applicable data protection laws (GDPR, CCPA, etc.)
• Responding to candidate data subject requests (access, deletion, etc.)
• Implementing appropriate security measures for candidate data
• Notifying candidates of data breaches when required
• Maintaining records of processing activities

5.2 CoffeeRMS as Data Processor

CoffeeRMS acts as a data processor on your behalf. We will:

• Process candidate data only according to your instructions
• Implement appropriate technical and organizational security measures
• Assist you in responding to data subject requests
• Notify you of any data breaches affecting candidate data
• Delete or return candidate data upon termination of service
• Maintain confidentiality of candidate information

5.3 Data Processing Agreement

For customers subject to GDPR or similar regulations, a Data Processing Agreement (DPA) is available upon request. The DPA outlines our respective obligations regarding the processing of personal data.

5.4 Candidate Rights

You acknowledge that candidates have rights regarding their personal data, including rights to access, rectification, deletion, and data portability. You are responsible for facilitating these rights and may use CoffeeRMS tools to assist in fulfilling candidate requests.

6.1 CoffeeRMS Intellectual Property

The Service, including its original content, features, functionality, software, code, designs, graphics, logos, and trademarks, is owned by CoffeeRMS and is protected by:

• International copyright laws
• Trademark laws
• Patent laws
• Trade secret laws
• Other intellectual property rights

6.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for your internal business purposes
• Use the Service in accordance with your subscription plan
• Download and use materials provided by us for use with the Service

This license does not include any right to:

• Resell, redistribute, or sublicense the Service
• Modify, adapt, or create derivative works
• Reverse engineer or decompile the Service
• Remove or alter any proprietary notices
• Use our trademarks without written permission

6.3 Your Content

You retain ownership of all content you upload to the Service, including job descriptions, candidate data, and other materials ("Your Content"). By uploading Your Content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, process, and display Your Content to provide the Service
• Use Your Content to improve and develop the Service
• Create anonymized, aggregated data for analytics and research

You represent and warrant that you have all necessary rights to Your Content and that Your Content does not infringe any third-party rights.

6.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without any obligation to you. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into the Service.

7.1 Subscription Plans and Fees

CoffeeRMS offers various subscription plans with different features and pricing. By subscribing to a paid plan, you agree to pay all applicable fees as described in your selected plan. Fees may be based on:

• Number of users or seats
• Number of active job postings
• Feature access and usage limits
• Additional services or add-ons

7.2 Billing and Payment

Payments are processed through our third-party payment processors. You agree to:

• Provide accurate and complete billing information
• Authorize us to charge your payment method for all fees
• Pay all fees when due
• Update your payment information if it changes
• Pay any applicable taxes, including VAT, GST, or sales tax

Subscriptions are billed in advance on a recurring basis (monthly or annually) unless otherwise specified. Your subscription will automatically renew unless you cancel before the renewal date.

7.3 Price Changes

We reserve the right to modify our pricing at any time. For existing subscribers:

• We will provide at least 30 days' advance notice of price increases
• Price changes will take effect at your next renewal date
• You may cancel your subscription before the new pricing takes effect
• Continued use after the price change constitutes acceptance

7.4 Refunds and Cancellations

All fees are non-refundable except:

• As required by applicable law
• If we terminate your account without cause
• As specified in a separate written agreement

You may cancel your subscription at any time. Upon cancellation:

• You will retain access until the end of your current billing period
• No refund will be provided for the remaining period
• Your data will be retained according to our data retention policy
• You may export your data before the end of the billing period

7.5 Late Payments and Suspension

If payment fails or is overdue:

• We will attempt to notify you and retry the payment
• We may suspend your access to the Service
• We may charge late fees as permitted by law
• We may terminate your account after a grace period

8.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of information
• Uninterrupted or error-free operation

8.2 AI-Generated Content

CoffeeRMS uses artificial intelligence to generate candidate insights, screening results, and other content. You acknowledge that:

• AI-generated content may contain errors or inaccuracies
• You are responsible for reviewing and verifying all AI-generated content
• Final hiring decisions should be made by human reviewers
• We do not guarantee the accuracy or reliability of AI outputs
• You should not rely solely on AI-generated content for hiring decisions

8.3 Third-Party Services

The Service may integrate with or link to third-party services (such as ChatGPT, email providers, or calendar applications). We are not responsible for:

• The availability, accuracy, or content of third-party services
• Third-party terms of service or privacy policies
• Any damages arising from your use of third-party services

8.4 No Professional Advice

The Service does not provide legal, employment, or professional advice. You should consult with qualified professionals regarding employment law compliance, hiring practices, and other professional matters.

9.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COFFEERMS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Cost of substitute services
• Damages arising from unauthorized access to your account
• Damages resulting from third-party services or integrations
• Damages from errors, bugs, or service interruptions
• Damages from AI-generated content or recommendations
• Damages from hiring decisions made using the Service

9.2 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• The amount you paid to CoffeeRMS in the 12 months preceding the claim, or
• $100 USD

9.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

9.4 Basis of the Bargain

You acknowledge that these limitations of liability are an essential element of the agreement between you and CoffeeRMS, and that we would not provide the Service without these limitations.

You agree to indemnify, defend, and hold harmless CoffeeRMS and its affiliates, officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any laws or regulations
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your Content or any content you submit through the Service
• Your hiring decisions or employment practices
• Claims by candidates regarding their data or treatment
• Your failure to obtain necessary consents from candidates

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

11.1 Informal Resolution

Before filing a formal claim, you agree to contact us at legal@coffeerms.com to attempt to resolve the dispute informally. We will work in good faith to resolve disputes through negotiation.

11.2 Arbitration

If informal resolution fails, any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration, except where prohibited by law. The arbitration shall be:

• Conducted by a single arbitrator
• Administered by a recognized arbitration organization
• Held in the jurisdiction where CoffeeRMS is registered or remotely
• Conducted in English
• Subject to confidentiality requirements

11.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

11.4 Exceptions to Arbitration

Either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information.

These Terms & Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which CoffeeRMS is registered, without regard to its conflict of law provisions.

To the extent arbitration does not apply, you agree to submit to the exclusive jurisdiction of the courts located in the jurisdiction where CoffeeRMS is registered.

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and CoffeeRMS regarding the Service and supersede all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of CoffeeRMS.

13.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.

13.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, or internet/telecommunications failures.

13.6 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

We reserve the right to modify these Terms & Conditions at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you via email or through a prominent notice on the Service
• Provide a reasonable period for you to review the changes
• Give you the opportunity to terminate your account if you disagree

Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and may terminate your account.

If you have any questions, concerns, or requests regarding these Terms & Conditions, please contact us:

We aim to respond to all inquiries within 5-7 business days. For urgent legal matters, please indicate "URGENT" in your email subject line.