Terms of Service

Agreement to these terms#

These Terms of Service (these “Terms”) are a contract between Expanding Ranks LLC, a United States limited liability company (“Expanding Ranks LLC,” “we,” “us,” or “our”), and the organization that signs up for or uses the Expanding Ranks service (“Customer” or “you”). By creating an account, signing an order form, or using Expanding Ranks, you agree to these Terms on behalf of your organization.

If you are entering into these Terms on behalf of a company or other legal entity, you confirm that you have the authority to bind that entity.

The service#

Expanding Ranks is a business-to-business applicant tracking platform. It helps recruiting organizations manage candidates from first contact through hire.

Expanding Ranks connects to systems you already use. It is a connector, not a provider: it links to your organization's own email, calendar, meeting, and phone systems through connections you authorize. Expanding Ranks does not supply email, calendar, meeting, or phone service itself, and it does not send outreach as “Expanding Ranks.” Email sent through the platform goes out from the individual recruiter's own connected mailbox, under that recruiter's own identity.

You are responsible for the phone number, carrier account, and any required messaging registration (such as 10DLC registration for text messaging) used with your connected phone system. Expanding Ranks does not provide or register phone numbers on your behalf.

When you connect your own email, calendar, meeting, or phone systems to Expanding Ranks, you are granting us permission to access those systems only as needed to provide the Service to you. You are responsible for having the right to connect those accounts and for complying with the terms of the underlying providers (for example, your email provider, video conferencing provider, or telephony carrier).

You can disconnect any connected account at any time. Disconnecting may limit what the Service can do for you going forward.

Accounts and eligibility#

You control who on your team gets access to Expanding Ranks (“Authorized Users”). You are responsible for keeping login credentials secure and for what Authorized Users do while using your account. Tell us right away if you believe an account has been compromised.

Subscriptions and fees#

Expanding Ranks is billed per seat, per month. Each subscription includes a monthly allowance of AI-powered features per seat. Usage beyond that allowance is billed as metered overage.

Acceptable use#

Expanding Ranks sends outreach on your behalf, through your own connected accounts. That means your sending reputation, and the reputation of everyone else using the platform, depends on everyone following the same basic rules. You agree to:

• Only contact candidates you have a legitimate basis to contact, and honor opt-out and do-not-contact requests promptly.
• Comply with applicable law governing commercial email, calls, and text messages, including the CAN-SPAM Act, the Telephone Consumer Protection Act, and any state-level equivalents that apply to your outreach [VERIFY].
• Not use the Service to send unsolicited bulk communications, spam, or messages that violate the policies of your connected mail, calendar, meeting, or telephony providers.
• Not use the Service to store or transmit data you are not legally permitted to hold, including sensitive personal data you have not obtained proper consent for.
• Not attempt to reverse engineer, resell, or use the Service to build a competing product.
• Not attempt to access another customer's data or bypass the Service's access controls.

We may suspend access if we reasonably believe your use of the Service is putting other customers, the platform, or a third-party partner relationship at risk. We will tell you why, and work with you to resolve it, except where law or a partner's requirements prevent us from doing so.

Customer data and candidate data#

You own your data. “Customer Data” means the candidate records, résumés, notes, call and meeting metadata, call and interview transcripts, and other content that you or your Authorized Users put into Expanding Ranks, or that Expanding Ranks collects on your behalf through your connected systems. We do not claim ownership of Customer Data. We use it only to provide, support, and improve the Service for you, and as this section and our Privacy Policy describe.

Recordings are not in that list, because we never hold one. Expanding Ranks does not store call or meeting recordings. Not by default, not as a paid option, not for any customer, at any time. A recording stays in your own phone system or meeting account, for however long your own administrator has set it to stay there, and we can neither extend that window nor shorten it. We can play a recording back inside Expanding Ranks by fetching it from your provider at the moment you press play, and we keep no copy.

One consequence of that, stated here rather than left for you to find later: a legal hold placed with us cannot preserve a recording. A hold covers our own records, including the call or interview record and its transcript, and it has no reach into your provider's account or its deletion schedule. Once your provider has deleted a recording, it is gone and we have nothing to produce. If you need recordings to last longer, that is a setting and a plan with the provider that made the recording.

Internal record ownership. Within your account, Expanding Ranks tracks which recruiter or team “owns” a given candidate record, so that work stays attributed to the person doing it. This is a feature of how the product organizes your team's work, not a change to the fact that your organization owns the underlying data.

When someone leaves your team. What happens to a departing recruiter's candidate records is your organization's call, and it is a setting you configure, not something we decide for you. Your organization owns Customer Data, including candidate records, regardless of which Authorized User the product records as the owner of a given record. Who inside your organization may view, reassign, or continue working a departing Authorized User's candidate records after that user's access ends is a configurable behavior of the Service, controlled through settings available to your account administrators, and is not a term of this Agreement.

Getting your data out. You may export your Customer Data at any time during your subscription.

Intellectual property#

We own Expanding Ranks: the software, the platform, our trademarks, and any improvements we make. Nothing in these Terms transfers ownership of the Service to you. You own your Customer Data, as described in Section 4. We grant you a limited, non-exclusive, non-transferable right to access and use the Service during your subscription, for your own internal recruiting purposes.

Confidentiality#

We take security seriously and describe our practices in our Security Statement. We do not currently hold SOC 2, ISO 27001, or any other formal security certification, and we have not completed a third-party penetration test as of the date of these Terms. If that changes, we will update our Security Statement.

If we learn of a security incident that compromises the confidentiality of your Customer Data, we will notify you without undue delay.

If you need a data processing agreement for regulatory reasons (for example, because you handle personal data subject to a data protection law that requires one), contact us.

Each party may learn confidential information about the other in the course of this relationship. Each party agrees to protect the other's confidential information with the same care it uses for its own confidential information, and at least reasonable care, and to use it only for the purposes of this Agreement. This does not apply to information that is public, that you already knew, that you developed independently, or that you are required to disclose by law, provided you give notice where legally permitted before disclosing it.

Disclaimers#

The Service is provided “as is.” We do not guarantee it will be error-free or uninterrupted. To the extent allowed by law, we disclaim implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of liability#

Except for the carve-outs below, each party's total liability arising out of or relating to this Agreement will not exceed the fees Customer paid to Expanding Ranks LLC in the six (6) months immediately preceding the event giving rise to the claim.

This cap does not apply to: (a) either party's indemnification obligations under Section 13; (b) a breach of the confidentiality obligations in Section 9; or (c) a party's willful misconduct.

Neither party will be liable to the other for indirect, incidental, special, or consequential damages, or for lost profits or lost data, even if advised of the possibility.

Indemnification#

We will defend you against a third-party claim that Expanding Ranks, as provided by us and used in accordance with these Terms, infringes that third party's intellectual property rights, and we will cover the resulting damages finally awarded or agreed to in settlement, subject to the limitation in Section 12.

You will defend us against a third-party claim arising from your Customer Data, your use of the Service in violation of these Terms (including Section 6, Acceptable Use), or your violation of applicable law, and you will cover the resulting damages finally awarded or agreed to in settlement, subject to the limitation in Section 12.

The party being defended will give prompt written notice of the claim, allow the defending party to control the defense and any settlement, and reasonably cooperate, at the defending party's expense.

The indemnification obligations in this Section 13 are not subject to the limitation of liability in Section 12, as stated there.

Term and termination#

Neither party is liable for a failure or delay in performing its obligations (other than payment obligations) caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government action, or widespread outages of infrastructure or services we rely on. The affected party will notify the other promptly and resume performance as soon as reasonably possible.

Your subscription runs for the term stated in your order, and renews as described there.

Either party may terminate if the other materially breaches these Terms and does not fix the breach within 30 days of written notice.

What survives. Sections 4 (as to data return and export, for the window stated there), 9 (Confidentiality), 10 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), and 16 (Governing Law and Disputes) continue after these Terms end, along with any payment obligations for Service already provided.

Your data when this ends#

When you leave us. If your subscription ends, you may export your Customer Data at any time during the 30 days following termination. Once that 30-day export window closes, we will delete your Customer Data from our active systems within an additional 30 days.

Governing law and disputes#

These Terms are governed by the laws of the State of Kansas, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Kansas, and each party consents to the personal jurisdiction and venue of those courts.

Changes to these terms#

We may update these Terms from time to time. If we make a material change, we will let you know by email or through the Service before it takes effect. Continuing to use Expanding Ranks after a change takes effect means you accept the updated Terms.

Assignment. Neither party may assign these Terms without the other's written consent, except that either party may assign them as part of a merger, acquisition, or sale of substantially all of its assets.

Independent contractors. We are independent businesses. Nothing here creates a partnership, joint venture, or employment relationship.

Entire agreement. These Terms, together with any order form and our Privacy Policy, are the whole agreement between us about the Service, and replace any earlier discussions or agreements about it.

Waiver. Failing to enforce a provision of these Terms one time does not give up the right to enforce it later.

If a provision is unenforceable. The rest of these Terms still apply.

Contact us#

Legal notices under these Terms must be in writing and sent to the addresses each party provides for that purpose. We will send notices to Customer at the account owner's email address or the address on the applicable order. Customer will send notices to us at [PLACEHOLDER: legal notices email or mailing address].

Questions about these Terms: [PLACEHOLDER: legal/contact email]

Security questions or to report a vulnerability: the contact form on our Support page, and see our Security Statement.