These Terms of Service ("Terms") govern your access to and use of the OpenSeat platform and related services (collectively, the "Service"), operated by Streamline Moderne Technology Inc. ("Streamline", "OpenSeat", "we", "us", or "our").
By creating an account, accessing, or using the Service, you agree to be bound by these Terms.
If you are using the Service on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf, and "you" will refer to that organization.
If you do not agree to these Terms, do not use the Service.
1. Eligibility
You may use the Service only if:
- You are at least 18 years old (or the age of majority in your jurisdiction); and
- You have the legal capacity to enter into a binding contract; and
- You comply with these Terms and all applicable laws.
If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
2. Account registration and security
To use the Service, you must create an account, which may involve signing in via Google or another identity provider.
You agree to:
- Provide accurate and up-to-date account information.
- Maintain the confidentiality of your login credentials and any API keys.
- Notify us promptly if you suspect unauthorized access or misuse of your account.
- Be responsible for all activities that occur under your account.
We may suspend or terminate access to the Service if we reasonably believe your account has been compromised or used in violation of these Terms.
3. The Service
OpenSeat provides tools for managing recruiting and hiring workflows, including but not limited to:
- Creating and publishing job postings.
- Managing candidate pipelines, stages, and feedback.
- Collaborating with team members on hiring decisions.
- Integrating with Applicant Tracking Systems (such as Lever ATS) and other services.
- Using AI-assisted analysis and recommendations to help evaluate candidates.
We may update, modify, or discontinue parts of the Service at any time.
Where reasonably practicable, we will try not to introduce breaking changes without notice, but we have no obligation to maintain any particular feature or functionality.
4. Customer Content and Candidate Data
4.1 Customer Content
"Customer Content" means any data, text, files, or other materials you or your organization upload, create, or otherwise submit to the Service, excluding Candidate Data defined below.
You retain any rights you have in Customer Content.
You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, and display Customer Content solely as necessary to provide and support the Service, to prevent abuse, and to comply with law.
4.2 Candidate and applicant data
"Candidate Data" means personal information relating to job applicants and candidates that is entered into the Service by you or imported from third-party systems (such as Lever).
You are responsible for:
- Ensuring you have a lawful basis to collect, use, and share Candidate Data.
- Providing any required notices to candidates regarding your use of OpenSeat and any AI features.
- Complying with all applicable data-protection, privacy, and employment laws.
We process Candidate Data as a processor or service provider on your behalf.
We will not use Candidate Data for our own marketing or unrelated purposes.
4.3 Responsibility for content
You are solely responsible for Customer Content and Candidate Data submitted to the Service under your account, including obtaining any necessary consents and permissions.
You represent and warrant that:
- You have all rights necessary to upload and use Customer Content and Candidate Data with the Service; and
- Customer Content and Candidate Data do not violate any law or the rights of any third party.
5. Acceptable use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
- Upload, transmit, or store content that is illegal, defamatory, harassing, hateful, obscene, or otherwise objectionable.
- Attempt to gain unauthorized access to the Service, other users' accounts, or any related systems.
- Interfere with or disrupt the integrity or performance of the Service.
- Reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent such restrictions are prohibited by law.
- Use the Service, including any AI features, in a way that discriminates unlawfully or violates employment laws (for example, making hiring decisions solely on protected characteristics).
We may investigate and, where appropriate, suspend or terminate access to the Service for violations of this Section.
6. Third-party services and integrations
The Service may interoperate with or rely on third-party services, including:
- Auth0 – identity and authentication services.
- Lever – Applicant Tracking System for candidate and job data.
- OpenAI – AI models used to assist with candidate analysis and related features.
- Cloudflare – networking, security, and CDN services.
- Hostinger – server and infrastructure hosting.
- Email and notification providers, analytics, and monitoring tools.
Your use of any third-party service is subject to that provider's own terms and privacy policies.
We are not responsible for these third-party services and do not control how they operate.
7. Beta features and changes
We may offer certain features as beta, preview, or otherwise pre-release ("Beta Features"). Beta Features may be offered for evaluation or testing and may change or be discontinued at any time.
Beta Features:
- May be less reliable or less documented than production features.
- Are provided "as is" without any commitments regarding availability or performance.
- May be subject to additional terms notified to you when you enable them.
8. Fees, subscriptions, and trials
If and when we offer paid subscriptions:
- Pricing, billing frequency, and payment terms will be described in a separate order form, pricing page, or subscription flow.
- Unless otherwise stated, fees are non-refundable.
- We may suspend or terminate access to the Service for failure to pay amounts when due.
During any free trial or beta period, we may limit access or terminate the trial at our discretion.
If you are currently using OpenSeat under a free or beta program, we may later introduce paid tiers and ask you to accept new commercial terms before continuing.
9. Intellectual property
Except for Customer Content and Candidate Data, all rights, title, and interest in and to the Service (including software, user interfaces, designs, logos, and documentation) are owned by Streamline or its licensors.
Nothing in these Terms grants you ownership of the Service.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms.
You may not use our trade names, trademarks, logos, or domain names without our prior written permission, except as necessary to identify yourself as a customer or user of OpenSeat.
10. Feedback
If you provide suggestions, ideas, or feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate the Feedback into our products and services without any obligation or compensation to you.
11. Confidentiality and data protection
We will treat non-public information you provide to us, including Candidate Data, as confidential, and will use it only as necessary to provide the Service, comply with law, or prevent harm.
If you require a separate data-processing agreement (DPA) or similar data-protection terms, those may supplement these Terms and will govern in the event of conflict with respect to processing of personal data.
12. Disclaimers
The Service is provided on an "as is" and "as available" basis.
To the maximum extent permitted by law, we disclaim all warranties of any kind, whether express, implied, or statutory, including:
- Implied warranties of merchantability,
- Fitness for a particular purpose,
- Non-infringement, and
- Any warranties arising out of course of dealing or usage of trade.
We do not guarantee that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that it will meet your requirements.
13. Limitation of liability
To the maximum extent permitted by law:
- Neither Streamline nor its affiliates, officers, employees, or agents will be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising out of or related to your use of or inability to use the Service, even if we have been advised of the possibility of such damages.
- Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of:
- The amounts you have paid us for the Service in the twelve (12) months preceding the event giving rise to the claim, or
- USD 100.
Some jurisdictions do not allow certain disclaimers or limitations of liability. In such cases, the foregoing limitations will apply only to the extent permitted by law.
14. Indemnification
You agree to indemnify and hold harmless Streamline and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service;
- Your violation of these Terms;
- Your violation of any law or the rights of any third party; or
- Customer Content or Candidate Data you submit, including any allegation that such data violates or infringes the rights of a third party or applicable law.
15. Term and termination
These Terms remain in effect while you access or use the Service.
We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe that:
- You have violated these Terms;
- Your use of the Service may create risk or legal exposure for us, other users, or third parties; or
- We are required to do so by law.
You may stop using the Service and close your account at any time.
Upon termination for any reason:
- Your right to access the Service will immediately cease; and
- Sections that by their nature should survive (including ownership, confidentiality, disclaimers, limitations of liability, and indemnification) will continue to apply.
16. Governing law and dispute resolution
These Terms and any dispute arising out of or relating to them or the Service will be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles.
You agree that any legal action or proceeding arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of those courts.
17. Changes to these Terms
We may modify these Terms from time to time.
When we do, we will update the "Last updated" date at the top of this page and, where appropriate, provide additional notice (such as email or in-app notification).
If you continue to use the Service after the new Terms become effective, you are agreeing to the revised Terms.
If you do not agree, you must stop using the Service.
18. Contact
If you have any questions about these Terms, please contact us at:
Email: [email protected]