Effective Date: January 29, 2025
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SERVICES. BY SELECTING “I AGREE TO THE TERMS OF SERVICE” OR ACCESSING THE SERVICES, YOU ARE AGREEING TO ENTER INTO A LEGALLY BINDING AGREEMENT (“USER AGREEMENT”) WITH GREENHOUSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, DO NOT ACCEPT THE TERMS OF SERVICE, AND DO NOT ACCESS OR USE THE SERVICES. IF YOU WISH TO TERMINATE THIS USER AGREEMENT YOU CAN DO SO AT ANY TIME BY CLOSING YOUR ACCOUNT AND NO LONGER ACCESSING OR USING THE SERVICES.
This User Agreement sets forth the terms and conditions of your use of My Greenhouse (the "Services"). For the purposes of this User Agreement, "you" means you, the end user, and "Greenhouse" or “we” or “us” means Greenhouse Software, Inc. Your use of the Services is also subject to our Cookie Notice and our Privacy Policy, which covers how we collect, share and use your personal information.
Modifications to this User Agreement. We may modify this User Agreement, our Cookie Notice and our Privacy Policy from time to time. If we make material changes to this User Agreement, we will provide you with notice through the Services. If you object to any changes, you may close your account. Your continued use of the Services after we publish or send a notice about changes to these terms means that you are consenting to the updated terms as of their effective date.
Service Eligibility. The Services are not for use by anyone under the age of 18. To use the Services, you agree that you meet this requirement. However, if applicable law requires you to be older in order for Greenhouse to provide the Services to you and/or process your personal information, then you cannot use the Services unless you are the age required under such law.
Service Availability and Limits. We may change, suspend or discontinue any of our Services at any time for any reason, at Greenhouse's sole discretion. You agree that Greenhouse has no obligation to store, maintain or provide you with a copy of any content or information that you submit or post to the Services, except to the extent required by applicable law and as noted in our Privacy Policy. Greenhouse reserves the right to limit your use of the Services and/or to restrict, suspend or terminate your account, including if you breach this User Agreement, violate the law, or are misusing the Services, as determined by Greenhouse at our sole discretion.
Services Disclaimer. We make no promises or warranties regarding the Services provided under this User Agreement. We do not guarantee or promise that you will find employment as a result of using the Services. You are solely responsible for finding employment.
Notices. You agree that we can provide you with notices and messages through the Services or by using the contact information that you provide in your account.
Your Content. As between you and Greenhouse, you own the content and information that you submit or post to the Services (“User Content”). By entering into this User Agreement, you grant Greenhouse with a non-exclusive, worldwide, transferable, sublicensable license and right to use, copy, modify, distribute, share, sell, publish and process the User Content that you provide through our Services, including any personal information, without any further consent, notice and/or compensation to you or others, for example, in order to share your data with companies looking for candidates with your skills and background. Greenhouse will access, store, process, share and use any personal information that you provide in accordance with the terms of our Privacy Policy and your choices (including account settings). IF YOU OBJECT TO GREENHOUSE SHARING OR SELLING YOUR PERSONAL INFORMATION, YOU MUST CLOSE YOUR ACCOUNT. IF YOU ARE AN INDIVIDUAL LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND OR THE UNITED KINGDOM, AND WOULD LIKE TO OPT OUT OF THE SHARING OR SELLING OF YOUR PERSONAL INFORMATION, YOU CAN DO SO AT ANY TIME BY CONTACTING US AT job-seeker-optout@greenhouse.io.
Aggregated Statistics. “Aggregated Statistics” means aggregate and/or anonymized data and information related to your use of the Services that are non-personally identifiable with respect to you and/or any individual. You agree that Greenhouse may gather, calculate and use Aggregated Statistics for any purpose, including but not limited to Greenhouse’s own sales, marketing, business development, product enhancement, or customer service initiatives. Notwithstanding the foregoing, Greenhouse shall ensure that the statistics will not constitute personal information.
Feedback. By submitting suggestions or other feedback to Greenhouse, you agree that Greenhouse can use and share such feedback for any purpose without compensation to you, and you irrevocably assign to Greenhouse all right, title and interest in the feedback.
Intellectual Property Rights. Greenhouse retains all right, title and interest, including all intellectual property rights, in and to the Services and Aggregated Statistics. You acknowledge that the Services include Greenhouse’s valuable trade secrets and improper use or disclosure may cause Greenhouse irreparable harm. Accordingly, you agree to use the Services solely as authorized in this User Agreement. You further acknowledge that the rights granted pursuant to this User Agreement are not a sale and does not transfer to you title or ownership of the Services or a copy of any source or object code related to the Services, but only a right of limited use. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO GREENHOUSE. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Greenhouse, and “greenhouse” or “g” logos, and other Greenhouse trademarks, services marks, graphics and logos used for our Services are trademarks or registered trademarks of Greenhouse.
Term and Termination. Both you and Greenhouse may terminate this User Agreement at any time. You may terminate this User Agreement by closing your account. If Greenhouse terminates this User Agreement, we will provide you with notice using the contact information that you provide in your account. Upon termination, you lose the right to access or use the Services, and Greenhouse will permanently delete your personal information, subject to our standard backup policy. All terms and provisions of the User Agreement which by their nature are intended to survive termination of this User Agreement will so survive, including, without limitation, Section 5 (Services Disclaimer), Section 8 (Aggregated Statistics), Section 9 (Feedback), Section 13 (Governing Law and Jurisdiction), Section 14 (No Warranty), Section 15 (Exclusion of Liability), and Section 16 (Indemnification).
Third Party Services. The Services may contain features designed to interoperate with services, products, software, data, information or materials that are provided by a third party (“Third Party Services”). To use such features, you may be required to obtain access to such Third Party Services from their providers and may be required to grant Greenhouse access to your account for such Third Party Services. If you install or enable Third Party Services for use with the Services, you grant Greenhouse permission to allow the provider of that Third Party Service to access and use User Content as required for interoperation of that Third Party Service and the Services. Greenhouse cannot guarantee the continued availability of such Third Party Service features and may cease providing them at any time. You acknowledge that: (a) Third Party Service providers are not Greenhouse's agent, subcontractor or sub-processor; (b) Greenhouse makes no representations or warranties regarding Third Party Services; (c) a Third Party Service's terms and conditions, including their data protection terms, and not the User Agreement, shall apply to you and govern your use of that Third Party Service; (d) Greenhouse is not responsible for the content and operation of any Third Party Services, or for the acts or omissions of any Third Party Service provider; (e) Greenhouse has no liability whatsoever to you arising out of or related to Third Party Services; and (f) Greenhouse has no control over User Content provided to any Third Party Service, and Greenhouse is not liable for any disclosure, modification, deletion of or failure to delete User Content resulting from access by a Third Party Service.
Governing Law and Jurisdiction. You and Greenhouse agree that this User Agreement is governed by and construed under the laws of the State of New York without reference to conflict of laws principles. You and Greenhouse agree that all disputes arising out of or related to this User Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in New York, New York, and you and Greenhouse agree and submit to the exclusive jurisdiction and venue of these courts.
No Warranty. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS USER AGREEMENT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND GREENHOUSE MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE SERVICES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED. WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT OF THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU.
Exclusion of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, GREENHOUSE, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS USER AGREEMENT FOR ANY DAMAGES, INCLUDING DAMAGES OR COSTS DUE TO LOSS OF PROFITS OR SALARY, DATA, USE OR GOODWILL, PERSONAL OR PROPERTY DAMAGE RESULTING FROM OR IN CONNECTION WITH THIS USER AGREEMENT, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE. NOTHING IN THIS USER AGREEMENT WILL LIMIT OR EXCLUDE ANY LIABILITY IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED ONE HUNDRED US DOLLARS (US $100.00).
You acknowledge and agree that we have offered the Services and have entered into this User Agreement in reliance upon the warranty disclaimers and limitations of liability set forth herein, that the warranty disclaimers and limitations of liability set forth herein reflect a reasonable and fair allocation of the risk between us, and that the warranty disclaimers and limitations of liability set forth herein form an essential basis of the bargain between you and us, and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Greenhouse or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
Indemnification. You agree to defend (at our request), indemnify, and hold us harmless from and against any claims, liabilities, costs, damages, losses and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or in any way connected with your breach of this User Agreement or your use of the Services. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
General Terms. If a court with authority over this User Agreement finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this User Agreement. This User Agreement (including any additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. If we don’t act to enforce a breach of this User Agreement, that does not mean that Greenhouse has waived its right to enforce this User Agreement. You may not assign or transfer this User Agreement (or your account or use of the Services) to anyone without our consent. You agree that Greenhouse may assign this User Agreement to its affiliates or to a successor to its business, if any, resulting from a merger, acquisition, sale of assets or other change in control. Any attempted assignment in violation of this Section will be null and void. There are no third-party beneficiaries to this User Agreement. You agree that the only way to provide us legal notice is at the address provided in Section 18.
How to Contact Us. For general inquiries, you may contact us using the chat functionality available through your account. For legal notices or service of process, you may write to us at the following address:
Greenhouse Software, Inc.
Attn: Legal Department
228 Park Ave. S PMB 14744
New York, New York 10003-1502
With a copy emailed to: legal@greenhouse.io