Privacy Policy & Terms and Conditions

Terms

Terms and Conditions

These Terms of Service (“Terms”) form a binding agreement between RisePoint Careers Corp. (“RisePoint,” “we,” “us”) and the organization that signs up for the Service (“Customer,” “you”). By clicking “I agree,” executing an order form, or using the Service, you agree to these Terms. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.

Definitions

• “Service” means the Spark Careers and Spark Enterprise hosted platforms, APIs, mobile applications, and related documentation provided by RisePoint.
• “Customer Data” means data you or your Users upload to or generate within the Service, including organizational information (such as company profiles, team structures, and billing details), job descriptions, resumes, candidate profiles, notes, and screening or assessment outputs.
• “User” means an individual you authorize to access the Service under your account, up to the number of seats specified in the applicable Order Form.
• “Order Form” means the online checkout page, plan subscription, statement of work, or other written agreement that references these Terms and specifies the scope and fees for Customer’s use of the Service.
• “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where “control” means ownership of more than 50% of the voting interests.
• “Candidate” means an individual whose resume, profile, or application information is uploaded to or processed through the Service for employment consideration.
• “Confidential Information” means non-public information disclosed by one party to the other that is marked as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. Confidential Information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.
• “Personal Information” has the meaning given to “personal data” under the GDPR, “personal information” under PIPEDA and applicable US state privacy laws, or equivalent terms under other applicable data protection legislation.

Access and accounts

We grant you a non-exclusive, non-transferable, worldwide right to access and use the Service during the subscription term, subject to these Terms. You may permit your Affiliates to use the Service under your account, provided you remain responsible for their compliance with these Terms. You are responsible for your Users’ actions and for safeguarding credentials. Each User must be at least 18 years of age. Notify us promptly at support@risepointcareers.com of any suspected unauthorized access. We may suspend access to any account, User, or Affiliate if we reasonably believe a material breach, security incident, or violation of the Acceptable Use Policy has occurred, and will notify you promptly of the reason for any suspension.

Subscription, plans, and payment

Fees, seat limits, job limits, and other quantitative limits are set on the applicable Order Form or pricing page. All fees are stated and payable in the currency shown on the Order Form, plus applicable taxes. Subscriptions renew automatically at the end of each term unless either party gives at least 30 days’ written notice of non-renewal before the current term ends. Fees are non-refundable except as set out in our Refund & Cancellation Policy or required by law. We may change prices with at least 30 days’ notice (or, for annual plans, 60 days’ notice) before the next renewal. Amounts not paid within 30 days of the invoice date will bear interest at the lesser of 1.5% per month or the maximum rate permitted by law, and we may suspend access to the Service until the outstanding balance is paid in full.

Customer data and ownership

As between the parties, you own all right, title, and interest in Customer Data. You grant us a limited, worldwide, royalty-free license to host, process, display, and transmit Customer Data solely to provide the Service, to comply with law, and to perform our obligations under these Terms. We will not sub-license Customer Data except to subprocessors engaged in accordance with our subprocessor program. We may process de-identified and aggregated data derived from Customer Data for security, analytics, and service improvement, provided we do not attempt to re-identify any individual from such data. Upon termination or expiration, Customer Data is handled in accordance with our Data Retention Policy.

Acceptable use

You must comply with our Acceptable Use Policy. You will not: reverse engineer, decompile, or attempt to derive the source code of the Service; interfere with its integrity or security; use it to violate law or others’ rights; upload malware or malicious code; or use it to discriminate unlawfully against any person. For violations that do not pose an immediate security or legal risk, we will provide written notice and a reasonable cure period (not less than 15 days) before exercising our suspension rights.

Service levels and support

We will use commercially reasonable efforts to make the Service available in accordance with our Service Level Agreement. Support terms are described in the same agreement. Planned maintenance is communicated at least 48 hours in advance where feasible, or as soon as practicable for urgent security patches.

Confidentiality

Each party will protect the other’s Confidential Information using at least the degree of care it uses to protect its own, but no less than reasonable care. A receiving party may disclose Confidential Information if required by law, regulation, or court order, provided it gives the disclosing party prompt written notice (to the extent legally permitted) and cooperates with any effort to obtain protective treatment. A receiving party may also disclose Confidential Information to its professional advisors who are bound by confidentiality obligations no less protective than these Terms. Obligations continue for three years after disclosure, except trade secrets, which are protected as long as they remain trade secrets. Upon termination or expiration, each party will promptly return or destroy the other’s Confidential Information in its possession, except as required to be retained by law.

Security

We maintain administrative, technical, and physical safeguards described in our Security & Trust Statement. We will notify you of confirmed security incidents affecting your Customer Data without undue delay and as further described in our Data Processing Agreement.

Intellectual property

The Service, including all software, documentation, and trademarks, is owned by us or our licensors. We retain all rights not expressly granted. Nothing in these Terms transfers to us any of your pre-existing intellectual property, including Customer Data. If you voluntarily provide suggestions, enhancement requests, or other feedback about the Service (“Feedback”), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use that Feedback for any purpose without obligation to you. Neither party may use the other’s name, logo, or trademarks without prior written consent, except that we may identify you as a customer in our marketing materials and you may revoke that permission at any time by written notice.

Third-party services

The Service may integrate with or link to third-party services (e.g., Stripe, Brevo, identity providers). Those services are subject to their own terms; we do not control them and are not responsible for them.

Warranties and disclaimer

We warrant that: (a) the Service will perform materially in accordance with its documentation during the subscription term; and (b) the Service will comply with applicable laws in all material respects. If we breach warranty (a) and fail to correct the non-conformance within 30 days of written notice, you may terminate the affected Order Form and receive a pro-rata refund of prepaid fees for the unused portion of the subscription term.

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT AI-GENERATED OUTPUTS WILL BE ACCURATE OR FIT FOR A PARTICULAR HIRING DECISION.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

THESE LIMITATIONS DO NOT APPLY TO: (A) BREACH OF CONFIDENTIALITY; (B) INFRINGEMENT OF THE OTHER PARTY’S INTELLECTUAL PROPERTY; (C) INDEMNIFICATION OBLIGATIONS; (D) CUSTOMER’S PAYMENT OBLIGATIONS; (E) LIABILITY ARISING FROM A SECURITY INCIDENT INVOLVING UNAUTHORIZED ACCESS TO OR DISCLOSURE OF PERSONAL INFORMATION; OR (F) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Indemnification

We will defend you against any third-party claim that the Service, as provided by us and used in accordance with the documentation, infringes a valid patent, copyright, or trademark, and pay amounts finally awarded (or agreed in settlement). Our indemnification obligation does not apply to claims arising from: (i) your modification of the Service; (ii) combination of the Service with products or services not provided by us; (iii) your use of the Service after we notify you to discontinue use of the allegedly infringing feature; or (iv) your use of the Service other than in accordance with the documentation.

If the Service becomes, or in our reasonable opinion is likely to become, the subject of an infringement claim, we may at our option: (a) obtain the right for you to continue using it; (b) modify it to be non-infringing without materially reducing functionality; or (c) if neither (a) nor (b) is commercially practicable, terminate the affected Order Form and refund prepaid fees for the unused subscription term.

You will defend us against claims arising from Customer Data, your use of the Service in violation of these Terms, or your hiring decisions. Each party’s indemnification obligations are conditioned on prompt notice, control of defense, and reasonable cooperation.

Term and termination

These Terms remain in effect while any subscription is active. Either party may terminate for material breach not cured within 30 days of written notice. Either party may also terminate immediately by written notice if the other party becomes insolvent, files for bankruptcy, makes an assignment for the benefit of creditors, or ceases business operations. Customer may cancel any subscription at any time during a billing cycle; the cancellation takes effect at the end of the then-current billing term, and no refund is due for the remainder of that term. If Customer terminates for our material breach, Customer is entitled to a pro-rata refund of prepaid fees for the unused portion of the subscription term. Upon termination for any reason, your right to use the Service ends, and we will make Customer Data available for export for 30 days, after which we will delete or anonymize it as described in our Data Retention Policy. The Customer Data, Confidentiality, Intellectual Property, Warranty disclaimer, Limitation of Liability, Indemnification, Governing Law, and General sections survive termination or expiration of these Terms.

Export and sanctions

You will not use or export the Service in violation of US, Canadian, or other applicable export controls or sanctions legislation, including the US Export Administration Regulations (EAR), US Office of Foreign Assets Control (OFAC) sanctions, and Canada’s Special Economic Measures Act (SEMA). You represent that you are not located in, or a national or resident of, a sanctioned country, and are not on any restricted party list. You will promptly notify us if your status under any of the foregoing changes during the term of these Terms.

Governing law and venue

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The exclusive venue for disputes is the courts of competent jurisdiction in Calgary, Alberta, and each party consents to personal jurisdiction there.

General

These Terms (together with any Order Form and referenced documents) are the entire agreement between the parties and supersede prior agreements on the subject. If any provision is unenforceable, the remainder remains in effect. Neither party may assign these Terms without the other’s consent, except to an Affiliate or to a successor in connection with a merger, acquisition, or sale of substantially all assets; the assigning party will promptly notify the other of any such assignment. A party’s failure or delay in exercising any right under these Terms does not constitute a waiver of that right. Neither party is liable for delays or failures in performance resulting from events beyond its reasonable control, including natural disasters, pandemics, government actions, or infrastructure outages; the affected party will use reasonable efforts to mitigate the impact and resume performance promptly. We may update these Terms by posting a revised version and providing at least 30 days’ notice (via email or in-product notification); your continued use of the Service after the notice period constitutes acceptance. Notices under these Terms must be in writing and may be sent by email; they are deemed given on the date of confirmed delivery when sent to the addresses on the Order Form or, for notices to us, to support@risepointcareers.com.

Contact

Questions about these Terms: support@risepointcareers.com