Legal

Terms of Service

Effective June 26, 2026 · Plain-English summary at the top, full legal text below.

Summary

In plain English: Be reasonable, pay your bill on time, don't break the law with our software. You own your data and can leave anytime. We own our software. Either of us can end this relationship.

1. Agreement

By using NexivoHR ATS ("the Service"), you agree to these Terms of Service ("Terms"). If you don't agree, don't use the Service.

If you're using the Service on behalf of an organization, you agree on its behalf and warrant that you have the authority to do so. "You" in these Terms refers to both you personally and the organization you represent.

2. The Service

NexivoHR provides applicant tracking software via the web, including:

  • Candidate management and resume parsing
  • Job posting and pipeline tracking
  • Boolean and geo-radius candidate search
  • Team collaboration features
  • Reports and analytics
  • Integrations with third-party job boards and email providers
  • An optional REST API (Enterprise plans)

We may update, add, or modify features over time. We'll give you reasonable notice of any changes that meaningfully degrade the Service or your data.

3. Your Account

  • You must provide accurate, complete information when registering
  • You're responsible for keeping your password secure
  • You're responsible for all activity that happens under your account
  • You must be at least 16 years old to use the Service
  • One person per account — don't share login credentials
  • Notify us immediately at security@nexivoats.com if you suspect unauthorized access

4. Acceptable Use

You agree not to:

  • Use the Service to violate any law or regulation, including employment, anti-discrimination, and data-protection laws (GDPR, CCPA, EEOC guidelines, etc.)
  • Store categories of sensitive data not appropriate for an ATS — including medical records, financial account numbers, government IDs (SSN, passport), biometric data, or information about union membership / religion / sexual orientation unless explicitly permitted by your legal counsel
  • Attempt to break, disable, overload, or reverse-engineer the Service
  • Send spam, unsolicited bulk email, or any communication violating CAN-SPAM, CASL, or similar laws
  • Use the Service to harass, threaten, defame, or harm anyone
  • Scrape, mirror, copy, or systematically download any portion of the Service or its data
  • Resell, sublicense, or white-label the Service without our written permission
  • Use the Service to train competing AI/ML models
  • Circumvent any usage limits, rate limits, or security controls

We reserve the right to suspend or terminate accounts that violate these rules. For serious violations (illegal use, security threats), we may do so without prior notice.

5. Your Content

You own your content — candidate records, resumes, notes, comments, and everything else you put into NexivoHR. We never claim ownership over your data.

By using the Service, you grant us a limited, non-exclusive, royalty-free license to host, process, transmit, display, and back up your content solely to operate the Service for you. This license terminates when you delete the content or your account.

You're responsible for ensuring you have the right to upload any content you put into NexivoHR. This includes:

  • Obtaining the necessary consents from candidates where required by law (GDPR Article 6, CCPA notice-at-collection, etc.)
  • Providing candidates with your privacy notice
  • Honoring requests from candidates to access, correct, or delete their data — we provide tools to help

6. Payment & Billing

6.1 Free trial

Paid plans come with a 14-day free trial. No credit card required to start. We won't charge until the trial ends, and we'll email you before that happens.

6.2 Subscription fees

Paid plans are billed monthly or annually, in advance. Prices are shown on our pricing page and may change with 30 days' notice. Price changes won't affect your current billing cycle.

6.3 Taxes

Listed prices don't include taxes. Where required by law (EU VAT, India GST, etc.), we'll add applicable taxes to your invoice. You're responsible for any local taxes we don't collect.

6.4 Refunds

Annual plans include a 30-day money-back guarantee — full refund, no questions asked. After 30 days, monthly fees are non-refundable, but you can cancel anytime and won't be charged again. Annual plans are pro-rated for cancellations after 30 days.

6.5 Late payment

If a payment fails, we'll retry over 14 days and email you. After that, we may suspend access. Your data remains available; we'll reinstate immediately on payment.

6.6 Disputes

If you believe a charge is incorrect, contact us within 30 days at billing@nexivoats.com before disputing with your card issuer. Most issues resolve quickly.

7. Cancellation by You

You can cancel anytime from Account → Billing → Cancel Subscription. Cancellation takes effect at the end of your current billing cycle — you keep access until then.

After cancellation:

  • You have 90 days to export all your data via Account → Export Data
  • You can reactivate the account anytime in those 90 days with one click
  • After 90 days, your data is permanently deleted from our active systems; encrypted backups are deleted within an additional 30 days

8. Termination by Us

We may suspend or terminate your account if you:

  • Violate these Terms in a serious or repeated way
  • Fail to pay after our retry window expires
  • Stop using the Service for 24+ consecutive months on a free plan
  • Use the Service in a way that creates legal risk for us or other users

Except in cases of serious violations or legal compulsion, we'll give you reasonable notice and a chance to fix the issue. On termination, you have the same 90-day data export window as voluntary cancellation.

9. Service Availability

We aim for 99.9% uptime, calculated monthly. If we fall below that threshold on Enterprise plans, you're entitled to service credits per the SLA exhibit (available on request — email enterprise@nexivoats.com).

Maintenance windows are scheduled in advance and don't count against availability:

  • Regular maintenance: announced at least 48 hours ahead, typically < 15 minutes downtime
  • Emergency maintenance: announced as soon as practical, used only when necessary to address security or stability

10. Intellectual Property

The Service — including its design, code, content, trademarks, and logos (except your content) — is owned by NexivoHR and protected by copyright, trademark, patent, and trade secret laws.

These Terms don't grant you any rights to our intellectual property except the limited right to use the Service as described. In particular:

  • You may not use our trademarks without prior written permission
  • You may not copy our code, designs, or documentation for any purpose
  • Any feedback or suggestions you provide may be used by us without compensation

11. Disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties — express or implied — including:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Accuracy, completeness, or reliability of any data
  • Uninterrupted or error-free operation

You're responsible for evaluating whether the Service meets your needs and for using appropriate backups, security, and disaster-recovery practices.

12. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages — including lost profits, lost data, business interruption, or substitute services — even if advised of the possibility.

Our total liability for any claim or claims arising from these Terms or the Service won't exceed the greater of:

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

Some jurisdictions don't allow these limitations; in that case, they apply to the maximum extent permitted by your local law.

13. Indemnification

You agree to defend, indemnify, and hold harmless NexivoHR and its officers, directors, employees, and agents against any claim, demand, or expense (including reasonable legal fees) arising from:

  • Your content uploaded to the Service
  • Your use of the Service in violation of these Terms
  • Your violation of any law or third-party right
  • Any dispute between you and a candidate or third party

14. Governing Law & Disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws provisions. Disputes will be resolved in the state or federal courts located in Wilmington, Delaware, and both parties consent to that jurisdiction.

For consumers in the EU/UK: nothing in these Terms affects your statutory rights, and you may bring proceedings in the courts of your country of residence.

Arbitration: For disputes involving claims over $10,000, both parties agree to first attempt binding arbitration under the rules of the American Arbitration Association before litigation.

15. Changes to These Terms

If we make material changes to these Terms, we'll notify you by email and post a notice in the dashboard at least 30 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

If you don't agree to the changes, your sole remedy is to stop using the Service and request cancellation before the effective date.

16. Miscellaneous

  • Severability: If any provision is found unenforceable, the rest remain in full effect
  • No waiver: Our failure to enforce a right isn't a waiver of that right
  • Entire agreement: These Terms, the Privacy Policy, and any plan-specific agreements are the entire agreement between us
  • Assignment: You may not transfer your rights without our consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets
  • Force majeure: Neither party is liable for delays caused by events beyond reasonable control (natural disasters, war, infrastructure outages, etc.)
  • Notices: We may give you notices by email, by posting in the dashboard, or by mail. You give us notices by email to the addresses below.

17. Contact

See also our Privacy Policy and Support Center.