Terms of Service
1. Agreement & acceptance
These Terms of Service (the "Terms") form a binding agreement between you (or the organization you represent) and ATS Pal, the operator of the websites and services at atspal.com and portal.atspal.com (the "Service"). You accept these Terms in one or more of the following ways: (a) by checking the acceptance box during account sign-up; (b) by clicking any "I agree" or equivalent button; or (c) by accessing or using any part of the Service. If you do not agree to these Terms, you must not use the Service.
If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" in these Terms means both you personally and the organization.
You also accept our Privacy Policy, which is incorporated into these Terms by reference.
2. Account
You must provide accurate registration information and keep it current. You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at [email protected] if you suspect unauthorized access.
You must be at least the age of legal majority in your jurisdiction to use the Service.
3. Acceptable use & anti-discrimination
You agree not to:
- Upload data you do not have the right to process, including resumes for which you lack a lawful basis under applicable employment, privacy, or anti-discrimination laws (e.g., GDPR, CCPA, EEOC guidance, PIPEDA).
- Use the Service to harass, discriminate against, or otherwise unlawfully harm any candidate or applicant on the basis of any protected characteristic (race, colour, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information, marital status, veteran status, or any other category protected under applicable law).
- Write or upload job descriptions that contain unlawful preferences or exclusions.
- Attempt to bypass rate limits, quotas, or security controls.
- Reverse engineer, scrape, or attempt to extract source code or models powering the Service.
- Resell or sublicense the Service without our written agreement.
- Use the Service for unlawful purposes or to violate third-party rights.
- Use any automated means (other than features we provide) to access the Service.
Anti-discrimination responsibility. You acknowledge that the Service evaluates candidates against the requirements you write in your job descriptions. If your job description contains biased or unlawful criteria, the resulting shortlist will reflect that bias, and that responsibility is yours alone. You are solely responsible for ensuring your hiring practices, including the criteria you submit to the Service, comply with all applicable employment and anti-discrimination laws in every jurisdiction where you hire.
We may, at our sole discretion and without prior notice, suspend or terminate accounts that materially breach this section.
4. Customer data & candidate data
You retain all rights to the data you upload, job descriptions, resumes, candidate notes, analysis results, collectively, "Customer Data". You grant ATS Pal a limited, non-exclusive, worldwide licence to host, process, transmit, and display Customer Data, including by sending relevant portions to third-party AI service providers listed in our Privacy Policy, solely to provide the Service to you.
You represent and warrant that: (a) you have the legal right and all necessary consents, notices, and authorizations to upload each resume and other Customer Data to the Service; (b) you have provided any required notice to candidates regarding automated processing of their data; and (c) your use of the Service does not violate any applicable law, contract, or third-party right. You act as the data controller for candidate data; we act as data processor on your behalf.
We will not use Customer Data to train any model, and we will not share it with third parties except as described in our Privacy Policy or as required by law.
You are responsible for maintaining your own backups of any Customer Data you consider important. We are not liable for any loss of Customer Data resulting from your account closure, deletion actions you take, or any cause not directly attributable to our gross negligence or wilful misconduct.
5. Fees, billing & refunds
Paid plans are billed in advance, monthly or yearly as you choose. Fees and quotas are described on the Pricing page and may be updated from time to time; changes apply only to renewal periods after notice.
You authorize us (through our payment processor) to charge your chosen payment method for all amounts due. Late or failed payments may result in suspension after notice.
Refunds: we offer a full refund of the most recent monthly charge within 14 days of payment if you are not satisfied. Yearly plans may be refunded on a pro-rata basis within 30 days of the start of the term.
Taxes are not included in stated prices and will be added where required by law.
6. Free trial
The free trial allows you to run one analysis with up to ten resumes. Trials do not require a credit card and convert to a paid plan only if you explicitly subscribe.
We may modify trial terms or limits at any time. We may also disable trial accounts that show signs of abuse (e.g., repeated sign-ups for the same organization).
7. Intellectual property & customer reference
The Service, including all software, design, brand, logos and content (other than Customer Data), is owned by ATS Pal and its licensors and is protected by intellectual property laws.
We grant you a limited, non-exclusive, non-transferable right to access and use the Service in accordance with these Terms. No other rights are granted.
If you provide feedback or suggestions, you grant us a perpetual, royalty-free licence to use that feedback to improve the Service.
Customer reference & publicity. By using the Service, you grant ATS Pal a worldwide, royalty-free, non-exclusive licence to use your company name, logo, and related trademarks in our customer lists, case studies, marketing materials, and public communications (including our website, sales presentations, investor decks, social media, and pitch materials) solely to identify you as a customer or user of the Service. We will use your marks in accordance with any reasonable written brand guidelines you provide. Opt-out: you may opt out at any time by emailing [email protected]. We will remove your name and logo from future materials within a reasonable time after receipt, depending on the type of material involved and our team's operational workload, some materials (such as web pages) are typically updated faster than others (such as sales decks, scheduled campaigns, or printed materials). We are not required to remove your name or logo from existing printed materials, archived web pages, materials already distributed to third parties, or copies in third-party publications, as these may not be technically or practically recallable.
8. Third-party services & integrations
The Service relies on, and may connect to, third-party services and infrastructure providers, including (without limitation) Google Cloud Platform (hosting, storage, compute, and AI processing via Gemini and related services), Stripe (payment processing), email delivery providers, and ATS integration partners such as BambooHR, Greenhouse, Lever, Workable, and Workday (collectively, "Third-Party Services").
You acknowledge and agree that:
- Third-Party Services are operated by independent companies, not by us. Your use of any Third-Party Service is governed solely by that provider's own terms, privacy policy, and acceptable use policy, which you are responsible for reviewing and accepting.
- We are not responsible or liable for any act, omission, failure, downtime, error, data loss, security breach, billing dispute, pricing change, termination, deprecation, or legal issue caused by, attributable to, or arising from any Third-Party Service.
- If a Third-Party Service changes its API, pricing, terms, availability, or any other aspect of its operation, the Service may be affected, suspended, or degraded without prior notice, and we will not be liable for such impact.
- Any dispute you may have with a Third-Party Service must be resolved directly with that provider.
- We make no representation about the security, performance, accuracy, or legal compliance of any Third-Party Service. You use any Third-Party Service entirely at your own risk.
To the maximum extent permitted by law, all matters relating to Third-Party Services, including any legal, regulatory, contractual, financial, or technical issue, are the sole responsibility of the relevant Third-Party Service provider and, where applicable, you, not us.
9. AI outputs and your hiring decisions
The Service uses artificial intelligence to analyze resumes and produce ranked shortlists with per-requirement reasoning. You understand that AI outputs are not perfect, not guaranteed, and not a substitute for human judgment.
- AI-generated scores, rankings, and reasoning are recommendations only. They do not constitute hiring advice, employment advice, legal advice, professional advice, or any guarantee about a candidate's actual suitability, performance, character, or qualifications.
- The Service may produce inaccurate, incomplete, biased, or otherwise flawed outputs. AI models can hallucinate, misinterpret, or reflect biases present in the inputs you provide.
- All hiring decisions, including who to shortlist, interview, hire, reject, or compensate, are yours alone. The Service does not make hiring decisions and is not your employment-decision authority.
- You agree to apply human review to any candidate decision and to comply with any laws in your jurisdiction governing the use of automated decision-making in employment (including but not limited to GDPR Article 22, NYC Local Law 144, the EU AI Act, and any applicable state, provincial, or federal regulation).
- Some jurisdictions require employers to notify candidates when AI is used in screening or to provide candidates with the right to request human review. You are solely responsible for issuing any such notices and honouring any such requests.
10. Service availability & force majeure
We aim to keep the Service available, but we do not guarantee uninterrupted, error-free, or timely operation on monthly plans. Planned maintenance will be announced in advance where reasonable. Enterprise customers may receive an uptime SLA as part of their contract.
Force majeure. We will not be liable for any failure or delay in performing our obligations under these Terms to the extent caused by events beyond our reasonable control, including (without limitation): natural disasters, fire, flood, pandemic, war, terrorism, civil unrest, government action or regulation, labour action, internet or telecommunications outage, failure or unavailability of any Third-Party Service (including but not limited to Google Cloud Platform, Gemini or other AI providers, Stripe, or any ATS integration partner), denial-of-service attack, or any other event that we could not have reasonably foreseen or prevented.
11. Warranties & disclaimers
We warrant that the Service will be provided with reasonable skill and care, consistent with industry standards for comparable cloud services.
To the maximum extent permitted by law, the Service is otherwise provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory, or otherwise, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, suitability, non-infringement, quiet enjoyment, or that the Service will be uninterrupted, secure, error-free, or free of harmful components.
We make no warranty that:
- The Service will meet your specific business requirements or expectations.
- The AI outputs (scores, rankings, reasoning) will be accurate, complete, unbiased, or fit for any particular purpose.
- Any specific candidate identified by the Service will perform well, accept your offer, remain employed, or possess the qualifications represented in their resume.
- The Service will identify every qualified candidate or correctly rank every candidate in your pool.
- Defects in the Service will be corrected, or that the Service or the servers that make it available are free of viruses, malware, or other harmful components.
You expressly agree that your use of the Service is at your sole risk.
12. Limitation of liability
To the maximum extent permitted by law, in no event will ATS Pal, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any:
- Indirect, incidental, special, consequential, exemplary, or punitive damages of any kind.
- Loss of profits, revenues, business opportunities, anticipated savings, data, goodwill, or reputation, whether arising in contract, tort (including negligence), strict liability, or any other legal theory, and whether or not we were advised of the possibility of such damages.
- Damages resulting from: hiring outcomes; missed or rejected candidates; biased, inaccurate, or incomplete AI outputs; claims or lawsuits by candidates or applicants; regulatory or compliance penalties; loss of access to Customer Data; or any act, omission, or failure of any Third-Party Service (including AI providers, payment processors, hosting providers, and ATS integration partners).
Our total aggregate liability arising out of or in connection with the Service or these Terms, regardless of the cause of action or theory of liability, will not exceed the greater of (a) the total amount you paid us in the twelve months preceding the event giving rise to the claim, or (b) USD $100.
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, in those jurisdictions, our liability will be limited to the maximum extent permitted by law. The limitations in this section apply even if any limited remedy fails of its essential purpose.
13. Indemnification
You agree to defend, indemnify and hold harmless ATS Pal and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable legal fees and expert costs) arising out of or related to:
- Your or your users' breach of these Terms or our Privacy Policy;
- Your or your users' violation of any applicable law or regulation (including employment, anti-discrimination, privacy, and consumer-protection laws);
- Your or your users' use of the Service (including any hiring decision you make, any candidate notification you fail to provide, and any claim by a candidate, applicant, employee, or third party arising from your use of the Service);
- Customer Data you upload, including any claim that such data infringes third-party rights or was processed without lawful basis;
- Your or your users' use of any Third-Party Service.
We will promptly notify you of any claim subject to this indemnity and may, at our option, assume the defence with counsel of our choice. You may not settle any claim that imposes any obligation or liability on us without our prior written consent.
14. Termination & survival
You may cancel your subscription at any time from your account or by emailing [email protected]. Cancellation takes effect at the end of the current billing period; no refund is owed for the unused portion of a monthly cycle.
We may suspend or terminate your account, with or without notice, if you materially breach these Terms, fail to pay fees when due, engage in abusive or fraudulent use, or pose a risk to the Service or other users. We may also terminate or discontinue the Service (or any feature) in whole or in part, at any time, with reasonable notice where practicable.
On termination, your right to access the Service ends immediately. We will delete or anonymize Customer Data in accordance with our Privacy Policy, except as required to retain by law.
Survival. The following sections survive termination of these Terms: §4 (Customer data, to the extent of post-termination retention), §7 (IP), §8 (Third-party services), §9 (AI outputs), §11 (Warranties & disclaimers), §12 (Limitation of liability), §13 (Indemnification), §15 (Dispute resolution), §17 (Severability), §18 (Entire agreement), §19 (Governing law), and §20 (Contact), together with any other provision that by its nature should survive.
15. Dispute resolution & class action waiver
Informal resolution first. Before filing a formal claim, you agree to first contact us at [email protected] with a written description of the dispute. We will attempt in good faith to resolve the matter within 30 days.
Binding arbitration (where permitted). Where permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final and binding arbitration administered under the rules of a recognized arbitration body (such as the ADR Institute of Canada or, for US-based customers, the American Arbitration Association). The arbitration will be conducted in English; the seat of arbitration will be Ottawa, Ontario, Canada, unless the parties agree otherwise.
Class action waiver. To the maximum extent permitted by law, you and ATS Pal each agree that any dispute will be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
Exceptions. Nothing in this section prevents either party from (a) seeking injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information, or (b) bringing claims in a small-claims court of competent jurisdiction where eligible. Where applicable law gives you a non-waivable right to bring proceedings in the courts of your country of residence, this section does not override that right.
16. Changes to these terms (your duty to review)
We may update these Terms from time to time, at our sole discretion, to reflect changes in our Service, business, applicable law, or industry practice. The "Effective date" at the top of this page reflects the latest version.
Notice of changes. Material changes will be announced by email to the address on your account at least 14 days before they take effect, or by a prominent notice on the Service. Non-material changes (e.g., clarifications, formatting fixes, typo corrections, or non-substantive reorganizations) take effect immediately when posted.
Your responsibility. You are responsible for reviewing these Terms periodically, we recommend at least every six months, to remain aware of any updates. Your continued use of the Service after a change takes effect constitutes your acceptance of the updated Terms. If you do not agree to an updated version of the Terms, you must stop using the Service and may cancel your subscription as described in §14.
We are not obligated to maintain copies of prior versions of these Terms, although we may do so at our discretion.
17. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, whether in whole or in part, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent as closely as possible. If such modification is not possible, the provision will be severed from these Terms without affecting the validity or enforceability of the rest.
No waiver of any term or condition of these Terms will be deemed a continuing waiver or a waiver of any other term or condition. Our failure to enforce any right or provision will not constitute a waiver of that right or provision.
18. Entire agreement, assignment & notices
Entire agreement. These Terms (together with the Privacy Policy and any order form, Data Processing Addendum, or written agreement signed by both parties) constitute the entire agreement between you and ATS Pal regarding the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, on the subject.
Assignment. You may not assign or transfer these Terms or any rights or obligations under them, in whole or in part, without our prior written consent. We may assign these Terms to an affiliate, to a successor in a merger or acquisition, or in connection with a sale of substantially all our assets, without notice or your consent.
Notices to you. We may send you notices by email to the address on your account, by in-product notification, or by a prominent posting on the Service. Notices are deemed given when sent.
Notices to us. You must send formal notices to [email protected] with a copy by post to the address in §20.
Relationship. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, or employment relationship between you and ATS Pal. Neither party may bind the other without prior written consent.
19. Governing law
These Terms, and any dispute arising out of or related to them or the Service, are governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in that province, without regard to conflict-of-laws principles. Subject to §15 (Dispute resolution), the courts located in Ottawa, Ontario, will have exclusive jurisdiction over disputes arising out of these Terms, except where applicable law gives you a non-waivable right to bring proceedings in your country of residence.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
20. Contact
Email: [email protected]
Postal address:
ATS Pal
7 Bayview Station Rd
Ottawa, ON K1Y 2C5
Canada