Terms & Conditions

Last updated February 15, 2023

Please read the following terms and conditions carefully as it sets out the terms of a legally binding agreement between you and Candidate Capture.

1. Introduction

1.1Dear Recruiter, if you're reading this it's because you care about your career and you aspire to build and own a network of candidates whose information (names, emails, phone numbers, addresses, titles, work experience, notes, etc.) you can have 24/7 secure access to on any device, including mobile. This product was conceived, designed and created by recruiters and software developers who possess a recruiter's vision. The vision is this: As a recruiter you speak to thousands of candidates every year. You pour your time, effort, creativity, sweat and professional abilities into building relationships with candidates who are ultimately, the foundation of your career. Candidate Capture was designed to allow you to build a career that makes you much more valuable to yourself, your family and your profession.

1.2Our Guarantee to You: If, any time during the first 60 days of your subscription you feel, for any reason, that Candidate Capture is not the product for you, simply cancel your account or send us an email and we will cancel your subscription without incurring any charges.

1.3Relative to Your information and any tracking of information or your activities while using the app. As an active Candidate Capture Recruiter/Member, your information and activity on the app is yours. We will never, in any way attempt to own, borrow or access your candidate information. Additionally, we will never sell, share or reveal any of your personal information to any company, for any reason.

1.4By agreeing to these terms and conditions user agrees/stipulates that they will never attempt to copy or replicate any part(s) of the copyrighted intellectual property and unique features of Candidate Capture for any reason or any purpose. Additionally, user agrees and understands that the copying of the proprietary intellectual property and unique features of Candidate Capture for any reason would constitute a violation of this agreement, and a violation of US copyright laws, for which Candidate Capture would seek legal recourse to the fullest extent of the law.

2. Contract

When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.

  • • Cookie Policy - At Candidate Capture, we believe in being clear and open about how we collect and use data related to you. This Cookie Policy applies to any Candidate Capture product or service that links to this policy or incorporates it by reference. We use cookies and similar technologies such as pixels, local storage and mobile ad IDs (collectively referred to in this policy as "cookies") to collect and use data as part of our Services, as defined in our Privacy Policy.
  • • Privacy Policy - Candidate Capture will not share your personal information with anyone. Ever. Click here to learn more about our privacy policy.

You agree that by clicking "Get Started", "Sign Up" or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Candidate Capture (even if you are using our Services on behalf of a company). If you do not agree to this contract ("Contract" or "User Agreement"), do not click "Get Started" (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

3. Services

This Contract applies to our web portal (http://www.candidatecapture.com) and our mobile application. Registered users of our Services are "Members" and unregistered users are "Visitors".

You are entering into this Contract with Candidate Capture (also referred to as "we" and "us"). This Contract applies to Members, Customers and Visitors.

4. Changes

We may make changes to the Contract.

We may modify this Contract, our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

5. Obligations

5.1Service Eligibility

Here are some promises that you make to us in this Contract:

  • • You're eligible to enter into this Contract and you are at least 18;
  • • To use the Services, you agree that: (1) you are 18 or older; (2) you will only have one Candidate Capture account, which must be in your real name; and (3) you are not already restricted by Candidate Capture from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others.

5.2Your Account

You will keep your password a secret.

You will not share an account with anyone else and will follow our rules and the law.

Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (confidential candidate info) and (3) follow the law. You are responsible for anything that happens through your account unless you close it or report misuse.

5.3Notices and Messages

You're okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

6. Rights and Limits

6.1Your use of Candidate Capture

You own all of the content, feedback and personal information you import.

6.2Service Availability

We may change or end any Service or modify our prices prospectively.

We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

6.3Other Content, Sites and Apps

Your use of others' content and information posted on our Services, is at your own risk.

Others may offer their own products and services through our Services, and we aren't responsible for those third-party activities.

Candidate Capture may help connect Members offering their services with Members seeking services. Candidate Capture does not perform nor employs individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that Candidate Capture does not supervise, direct, control or monitor Members in the performance of these services and agree that (1) Candidate Capture is not responsible for the offering, performance or procurement of these services, (2) Candidate Capture does not endorse any particular Member's offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between Candidate Capture and any Member offering services.

Similarly, Candidate Capture may help you register for and/or attend events organized by Members and connect with other Members who are attendees at such events. You agree that (1) Candidate Capture is not responsible for the conduct of any of the Members or other attendees at such events, (2) Candidate Capture does not endorse any particular event listed on our Services, (3) Candidate Capture does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.

6.1Intellectual Property Rights

We're providing you notice about our intellectual property rights.

Candidate Capture reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Candidate Capture, and our logo and other Candidate Capture trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Candidate Capture.

7. Disclaimer and Limit of Liability

7.1No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

CANDIDATE CAPTURE MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CANDIDATE CAPTURE AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7.2Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS CANDIDATE CAPTURE HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), CANDIDATE CAPTURE WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

CANDIDATE CAPTURE AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO CANDIDATE CAPTURE FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.

8. Termination

We can each end this Contract, but some rights and obligations survive.

Both you and Candidate Capture may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • • Our rights to use and disclose your feedback;
  • • Sections 7, 9 and 10 of this Contract;
  • • Any amounts owed by either party prior to termination remain owed after termination.

You must notify us in writing to close your account.

9. Governing Law and Dispute Resolution

In the unlikely event we end up in a legal dispute, you and Candidate Capture agree to resolve it in Colorado courts using Colorado law.

This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.

10. General Terms

Here are some important details about the Contract.

  • • If a court with authority over this Contract 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 Contract;
  • • This Contract (including 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 Contract, that does not mean that Candidate Capture has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Candidate Capture may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.