Terms of Service
Last updated: January 15, 2025
1. OUR SERVICES
MatchATS provides an AI-powered resume matching and analysis platform that helps HR professionals and recruiters efficiently screen candidates. Our services include resume analysis, job compatibility scoring, skills assessment, interview question generation, and candidate evaluation tools.
2. INTELLECTUAL PROPERTY RIGHTS
All intellectual property related to our Services—including software, design, graphics, trademarks, logos, user interfaces, algorithms, and other proprietary materials—are exclusively owned by or licensed to MatchATS. You may not copy, reproduce, modify, distribute, sell, lease, sublicense, or create derivative works from our intellectual property without prior written consent from us.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
You are at least 18 years of age.
You possess the legal capacity and authority to accept these Terms.
You will not use our Services for any unlawful purpose or in violation of these Terms.
You will comply with all applicable employment laws and anti-discrimination regulations in your jurisdiction.
You have the right to upload and analyze the resumes and job descriptions you submit to our platform.
4. USER REGISTRATION
To access specific features, you may need to register an account through our authentication provider. You agree to provide accurate and complete information, maintain confidentiality of your login details, and accept responsibility for all activities conducted under your account.
5. PURCHASES AND PAYMENT
Certain Services require payment of subscription fees. We offer multiple subscription tiers including Free, Plus, and Extra plans with different usage limits and features. Payments are processed through our billing provider and must be made using authorized payment methods. Subscription fees are billed in advance on a monthly or annual basis. All fees paid are non-refundable except as required by law or as stated in our refund policy (see Section 6). Usage limits apply to each plan tier, with the Free plan limited to 15 analyses per month.
6. CANCELLATION AND REFUNDS
You may cancel your subscription anytime through your account settings or billing provider. Cancellation will take effect at the end of your current billing period, and you will retain access to paid features until that time. We offer a 14-day money-back guarantee for new paid subscriptions. If you are unsatisfied with our Services within 14 days of your first payment, contact us for a full refund. After 14 days, fees paid are non-refundable except as required by law.
7. PROHIBITED ACTIVITIES
You agree not to:
Use the Services unlawfully, fraudulently, or for discriminatory purposes.
Violate employment laws, anti-discrimination regulations, or candidate privacy rights.
Use the Services to make hiring decisions based solely on protected characteristics.
Attempt unauthorized access to our systems or Services.
Upload or transmit malware, viruses, or any harmful code.
Perform bulk data scraping, mining, or unauthorized extraction of candidate information.
Interfere with the operation, integrity, or security of the Services.
Impersonate any person or entity, or falsely represent your affiliation.
Share, distribute, or commercialize candidate data obtained through our Services.
Use our Services to build competing resume analysis or matching products.
We reserve the right to terminate access immediately if you engage in prohibited activities.
8. USER GENERATED CONTRIBUTIONS
You may upload resumes, job descriptions, and other content to our Services, provided that your contributions comply with applicable laws, respect candidate privacy, and do not infringe third-party rights. You are responsible for obtaining proper consent for any personal data you upload.
8.5 DATA PROCESSING FOR CANDIDATE INFORMATION
When you upload candidate resumes or personal data to our Services, the following data processing terms apply:
A. ROLES AND RESPONSIBILITIES
You act as the "Data Controller" and MatchATS acts as the "Data Processor" with respect to candidate personal data under applicable data protection laws (including GDPR where applicable). As Data Controller, you determine the purposes and means of processing candidate data. As Data Processor, we process candidate data solely to provide our Services to you.
B. YOUR WARRANTIES AND OBLIGATIONS
By uploading candidate data, you represent and warrant that:
• You have a lawful basis under applicable data protection laws to process and share candidate personal data with our Services.
• Candidates have been informed that their resumes and personal information will be processed by AI-powered tools for recruitment screening purposes.
• You have obtained any necessary consents, provided required notices, or have another legal basis (such as legitimate interest) for processing candidate data.
• You comply with all applicable employment, anti-discrimination, and data protection laws in your use of our Services.
• You will not use our Services to make final hiring decisions based solely on automated processing without human review.
C. OUR PROCESSING OBLIGATIONS
MatchATS will:
• Process candidate data only as necessary to provide the Services you request (resume analysis, compatibility scoring, interview questions, candidate ranking).
• Implement appropriate technical and organizational security measures to protect candidate data.
• Not use candidate personal data to train or improve our AI models. We may only use fully anonymized and aggregated data that cannot identify individuals.
• Not share candidate data with third parties except as necessary to provide our Services (see Sub-Processors below) or as required by law.
• Process candidate data in accordance with your instructions as implemented through your use of our Services.
D. SUB-PROCESSORS
We use the following third-party service providers ("Sub-Processors") to deliver our Services:
• Anthropic - AI analysis and natural language processing
• Neon (PostgreSQL) - Database hosting and data storage
• Clerk - User authentication and account management
These Sub-Processors have committed to appropriate data protection standards. We remain responsible for their compliance with our data protection obligations.
E. DATA RETENTION AND DELETION
• Candidate data from individual analyses is stored until you delete the analysis from your account.
• Candidate data from bulk rankings is stored until you delete the ranking from your account.
• When you delete your account, all associated candidate data is permanently deleted within 30 days.
• You may request deletion of specific analyses or rankings at any time through your account dashboard.
• Deleted data is not recoverable and is permanently removed from our systems and Sub-Processor systems.
F. CANDIDATE RIGHTS
Even though candidates are not direct users of our Services, they have rights under data protection laws. If a candidate contacts us to exercise their rights (access, correction, deletion, etc.), we will direct them to you as the Data Controller. You agree to respond to such requests in accordance with applicable laws. Upon your instruction, we will assist you in fulfilling candidate rights requests.
G. DATA SECURITY
We maintain industry-standard security measures including:
• Encryption in transit (HTTPS/TLS)
• Encryption at rest for stored data
• Access controls and authentication
• Regular security monitoring and updates
• Logging and audit trails
H. DATA BREACH NOTIFICATION
In the event of a data breach affecting candidate personal data, we will notify you without undue delay so that you can fulfill your obligations to notify affected individuals and authorities as required by law.
9. SERVICES MANAGEMENT
We reserve the right to monitor, modify, or remove content or suspend access to users who violate these Terms, engage in discriminatory practices, or negatively impact the Services. We may also implement usage limits and restrictions to maintain service quality.
10. PRIVACY POLICY
Your use of the Services is governed by our Privacy Policy, outlining how we manage your personal information and candidate data. We are committed to protecting the privacy and confidentiality of all data processed through our platform.
11. TERM AND TERMINATION
These Terms remain effective until terminated by either party. We reserve the right to suspend or terminate your access without notice if you breach these Terms, violate employment laws, or misuse candidate data.
12. MODIFICATIONS AND INTERRUPTIONS
We may modify or discontinue Services temporarily or permanently without notice. We are not liable for any interruptions, modifications, or discontinuations of the Services. We will make reasonable efforts to notify users of significant changes to subscription features.
13. GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of the jurisdiction where MatchATS is incorporated.
14. DISPUTE RESOLUTION
Disputes arising from these Terms will initially be resolved through amicable negotiations. If unresolved within 30 days, disputes will be subject to the dispute resolution mechanisms available in the governing jurisdiction, including mediation and arbitration as appropriate.
15. CORRECTIONS
We reserve the right to correct errors, inaccuracies, or omissions in the Services, including AI analysis results, compatibility scores, and generated content, at any time without notice.
16. DISCLAIMER
Our Services are provided "as-is" and "as-available" without warranties of any kind, express or implied. MatchATS disclaims all implied warranties including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that our Services will always be secure, uninterrupted, timely, or error-free.
IMPORTANT: Our AI-powered analysis and compatibility scores are tools to assist in candidate evaluation and should not be the sole basis for hiring decisions. The accuracy of our analysis depends on the quality and completeness of input data. Users are responsible for making final hiring decisions in compliance with applicable employment laws and best practices.
17. LIMITATIONS OF LIABILITY
To the fullest extent permitted by law, MatchATS, its directors, officers, shareholders, employees, or affiliates shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages (including loss of profits, data, goodwill, or intangible losses) arising from or relating to:
Your use or inability to use the Services.
Hiring decisions made based on our analysis or recommendations.
Unauthorized access to or alteration of your data.
Any inaccuracies, errors, or malfunctions in our AI analysis or Services.
Data breaches or privacy violations by third parties.
Our total liability for any claim, regardless of the cause, shall not exceed the amount you have paid to us in the twelve (12) months preceding the claim.
18. INDEMNIFICATION
You agree to indemnify and hold harmless MatchATS, its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including attorney's fees) arising from your use of our Services, breach of these Terms, violation of employment laws, or misuse of candidate data.
19. USER DATA
You retain ownership rights to your uploaded data, including resumes and job descriptions. By using the Services, you grant us permission to process and analyze your data to operate and provide the Services to you.
We do NOT use identifiable candidate personal data (names, emails, specific resume content) to train or improve our AI models. We may use fully anonymized and aggregated usage data and statistics that cannot identify any individual candidate or user for improving our Services and AI models.
We implement appropriate security measures to protect all data and will not share personal information with third parties except as necessary to provide our Services (via our Sub-Processors listed in Section 8.5) or as required by law. Data retention periods and deletion procedures are outlined in Section 8.5 and our Privacy Policy.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
You consent to the use of electronic communications, transactions, records, and signatures and acknowledge their validity under applicable laws. This includes subscription agreements, billing notifications, and service updates.
21. MISCELLANEOUS
These Terms constitute the entire agreement between you and MatchATS regarding your use of the Services. Our failure to enforce any right or provision will not constitute a waiver. If any provision is found unenforceable, the remaining provisions remain in full effect. These Terms may be updated from time to time, and continued use of the Services constitutes acceptance of any changes.
22. CONTACT US
If you have any questions about these Terms of Service, please contact us at:
Website: https://matcha-ats.com
For billing and subscription inquiries, please use your account dashboard or contact our billing support through the platform.