Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Persistent Recruiter (the “Service”), operated by Persistent Momentum (“we”, “us”). By creating an account, signing in, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

You must be at least 18 years old and able to enter into a binding contract to create an account. You agree to provide accurate information and to keep it up to date. You are responsible for all activity under your account and for keeping your credentials secure.

The Service is offered on monthly subscription plans (currently Recruiter at $49/mo and Company at $149/mo) processed by Stripe. By subscribing you authorize recurring monthly charges to your payment method on file until you cancel.

You may cancel at any time through the in-app billing portal or by emailing legal@persistentmomentum.com. Cancellations take effect at the end of the current billing period; we do not pro-rate partial-month refunds. We may change plan pricing on at least 30 days’ notice; price changes do not apply mid-billing-period.

You agree not to use the Service to:

• send unsolicited bulk email or messages (“spam”) to candidates or other parties;
• scrape, crawl, or programmatically harvest data not belonging to your account;
• reverse-engineer, decompile, or attempt to extract source code from the Service;
• upload content that infringes intellectual-property rights, contains malware, or violates law;
• store or process special-category personal data (e.g. medical records) without our prior written consent;
• resell access to the Service to third parties without a separate written agreement.

We may suspend or terminate accounts that violate these rules. We will notify you when practical, but reserve the right to act immediately when there is risk of harm to other users, candidates, or the Service.

You retain all rights to the candidate data, company information, content, videos, forms, pages, and other materials you upload or create in the Service (“Customer Content”). You grant us a limited, non-exclusive license to host, store, process, and transmit Customer Content solely as needed to operate the Service for you, including processing through the third-party services described in our Privacy Policy.

You represent that you have all rights and consents necessary to share Customer Content with the Service, including the right to upload candidate personal data.

The Service, including its software, design, branding, copy, and templates, is owned by us and protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes for the duration of your subscription. No rights are granted by implication.

We will use reasonable measures to keep Customer Content confidential and not disclose it except (a) as needed to provide the Service, (b) with your authorization, or (c) when legally required. You agree not to disclose any non-public information about the Service you obtain (such as pricing concessions, beta features, or pre-release roadmap) except as permitted by law.

You may terminate by canceling your subscription at any time. We may terminate for breach of these Terms, non-payment, or where we sunset the Service. On termination, your access ends at the close of the current billing period and we will retain Customer Content for 90 days to allow export, after which it may be deleted. We may retain limited data longer where legally required (e.g. tax records).

The Service is provided “as is” and “as available”. We disclaim all warranties to the extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that AI-generated content (e.g. Discovery Video scripts) will be accurate, complete, or suitable for your specific use; you are responsible for reviewing AI output before relying on it.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, or data, arising out of or related to these Terms or the Service. Our aggregate liability for any claim related to the Service will not exceed the amounts you paid us in the twelve (12) months immediately preceding the event giving rise to the claim.

You agree to indemnify and hold us harmless from claims, damages, and expenses (including reasonable legal fees) arising from your Customer Content, your use of the Service in violation of these Terms, or your violation of applicable law.

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Delaware, and you consent to the jurisdiction of those courts.

We may update these Terms from time to time. Material changes will be communicated by email to your account address or by an in-app notice at least 30 days before they take effect, except when changes are required for legal or security reasons (in which case we may make them effective sooner). Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

Questions about these Terms? Email legal@persistentmomentum.com.