--- title: Array HQ Candidate Terms of Use description: Governs Candidates who create a profile, apply, or otherwise interact with //Recruiting. --- # Array HQ Candidate Terms of Use These Candidate Terms of Use (the "Candidate Terms") govern the relationship between Array HQ, Inc. ("Array HQ," "we," or "us") and any individual who creates a candidate profile, submits an application, or otherwise interacts with //Recruiting as a job candidate ("Candidate," "you"). ## 1. Definitions As used in these Candidate Terms, capitalized terms have the meanings set out below. Other capitalized terms are defined where they first appear. - **"Candidate Content"** means the resumes, profile information, work history, writing or work samples, video responses, and other materials you submit through //Recruiting. - **"Candidate Data"** means Candidate Content together with all other information relating to you that is submitted to, collected by, or processed through //Recruiting, including your application responses, screening and assessment answers and results, communications between you and Array HQ or a Prospective Employer through //Recruiting, status and scheduling information, and system-generated signals (such as AI-assisted summaries of Candidate responses and AI-collected screening answers) derived from the foregoing. - **"Privacy Policy"** means the Array HQ privacy notice posted at arrayhq.com (or such successor location as Array HQ designates), as updated from time to time. - **"Prospective Employer"** means each employer or other entity that subscribes to //Recruiting and to which you apply, or that Array HQ reasonably believes may be of interest to you based on your Candidate Data. - **"//Recruiting"** means Array HQ's recruiting platform and related services made available to Candidates. ## 2. Acceptance You accept these Candidate Terms by (a) clicking "I agree" or a substantially similar affirmation when you create a Candidate profile, and (b) clicking "I agree" or a substantially similar affirmation when you first submit an application through //Recruiting. If you do not accept these Candidate Terms, you may not create a profile and may not submit an application. ## 3. Eligibility You represent that you are at least 18 years old (or the age of majority in your jurisdiction, if higher), legally able to enter into a binding contract, and authorized to work in the jurisdiction of any role for which you apply. ## 4. Account Registration; Security You agree to provide accurate and current information, to keep your credentials confidential, and to notify Array HQ promptly of any unauthorized use of your account. You are responsible for all activity under your account. ## 5. Candidate Data; License Grant You retain ownership of your Candidate Content. You grant Array HQ a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, transmit, analyze, and otherwise process your Candidate Data to provide //Recruiting, including to (a) match you with open roles, (b) share your Candidate Data with a Prospective Employer to which you apply or to which you have otherwise affirmatively expressed interest and, (c) contact you in accordance with Section 6 below about employment opportunities with Prospective Employers that Array HQ reasonably believes may be of interest to you, and (d) improve, train, and operate //Recruiting on a de-identified or aggregated basis. Array HQ does not otherwise surface, disclose, or make your Candidate Data available to any Prospective Employer or other third party for recruiting purposes without your prior affirmative election. You represent and warrant that you have all rights necessary to grant this license and that your Candidate Data, to the extent submitted by you, is accurate and does not infringe any third-party right. ## 6. Automated Engagement; SMS, Voice, and Email Consent //Recruiting uses automated systems to contact Candidates by email, SMS, in-app messaging, voice, chat, messaging applications (including WhatsApp), and social media direct messaging. By creating a profile or submitting an application, you expressly consent to receive such communications from Array HQ and from Prospective Employers, including communications sent using automatic telephone dialing systems, prerecorded or artificial voice, and AI-generated text. Consent to receive these communications is not a condition of any purchase, and message and data rates may apply. You may opt out of marketing messages at any time by replying STOP to an SMS message or following the unsubscribe instructions in an email; transactional messages directly related to an application in progress may continue until the application is closed. ## 7. Artificial Intelligence and Automated Employment Decisions You acknowledge that //Recruiting uses artificial intelligence, machine learning, and other automated tools to engage Candidates, schedule interviews, and move applications forward with minimal human involvement. Array HQ does not rank or score Candidates or make final hiring decisions; all final hiring decisions are made by the Prospective Employer. Where required by applicable law, including New York City Local Law 144, the Illinois Artificial Intelligence Video Interview Act, the Colorado AI Act, and similar federal, state, or non-U.S. laws governing automated employment decision tools, Array HQ or the Prospective Employer will provide additional candidate-specific disclosures and any required notice, opt-out, accommodation, or human-review mechanisms. ## 8. Privacy Array HQ's collection, use, and disclosure of your personal information are described in the Array HQ Privacy Policy, which is incorporated into these Candidate Terms by reference. By accepting these Candidate Terms, you consent to the processing of your personal information as described in the Privacy Policy, including transfer to Prospective Employers and to Array HQ's service providers. ## 9. Background Checks Array HQ does not currently provide consumer reports, background checks, or investigative consumer reports within the meaning of the federal Fair Credit Reporting Act, 15 U.S.C. ยง 1681 et seq., or any state analogue. Any background check requested in connection with an application is procured by the Prospective Employer through a separate third-party consumer reporting agency, and all required disclosures, authorizations, pre-adverse-action notices, and adverse-action notices under the FCRA and applicable state law are the responsibility of the Prospective Employer and that third-party consumer reporting agency, not Array HQ. ## 10. Acceptable Use You agree not to (a) submit false, misleading, or fraudulent information, impersonate any person, or misrepresent your affiliation with any person or entity; (b) violate applicable law or Array HQ's applicable policies in your use of //Recruiting; (c) use //Recruiting for any purpose other than seeking employment for yourself; (d) submit AI-generated or synthetic profiles, resumes, or applications as if genuine, or submit Candidate Data that infringes any third-party right or that you do not have the right to provide; (e) use //Recruiting on behalf of, or in the capacity of, a recruitment agency, staffing firm, headhunter, broker, or other third-party talent-sourcing provider, or to solicit other Candidates for third-party staffing or placement services; (f) create, register, or maintain multiple or duplicate accounts, or manipulate referral, matching, or scoring features; (g) sell, transfer, or otherwise make your account available to any other person; (h) harass, threaten, dox, or discriminate against any other person through //Recruiting; or (i) attempt to interfere with, gain unauthorized access to, or circumvent the security or operation of //Recruiting, including by scraping, using bots or other automated means outside Array HQ's published APIs and rate limits, transmitting malware, or attempting prompt injection or jailbreak techniques. ## 11. No Guarantee of Employment Array HQ is a technology platform. It is not an employer, recruiter of record, employment agency, or staffing firm. Array HQ does not guarantee that you will be contacted, interviewed, offered a position, or hired by any Prospective Employer. All hiring decisions are made solely by the Prospective Employer. ## 12. Intellectual Property As between you and Array HQ, Array HQ owns all right, title, and interest in and to //Recruiting, including the platform, software, models, algorithms, and underlying technology. These Candidate Terms grant you only a limited, revocable, non-exclusive, non-transferable license to access and use //Recruiting for the sole purpose of seeking employment for yourself. ## 13. Disclaimer of Warranties THE //RECRUITING IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARRAYHQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ANY WARRANTY THAT //RECRUITING WILL RESULT IN AN INTERVIEW, OFFER, OR HIRE, ANY WARRANTY AS TO THE QUALITY, QUALIFICATIONS, IDENTITY, OR FITNESS OF ANY CANDIDATE, AND ANY WARRANTY THAT ANY CANDIDATE RESPONSE OR OTHER INFORMATION PROVIDED BY A CANDIDATE IS TRUTHFUL, ACCURATE, OR COMPLETE. ## 14. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARRAYHQ WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST WAGES, LOST OPPORTUNITIES, OR LOST DATA, ARISING OUT OF OR RELATING TO YOUR USE OF //RECRUITING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARRAYHQ'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE CANDIDATE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). NOTHING IN THESE CANDIDATE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR LIABILITY UNDER APPLICABLE CONSUMER PROTECTION, PRIVACY, OR DATA PROTECTION LAWS THAT CANNOT BE WAIVED BY CONTRACT. ## 15. Indemnification You agree to indemnify, defend, and hold harmless Array HQ and its affiliates, officers, directors, employees, and agents from any third-party claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or relating to (a) your breach of these Candidate Terms, (b) your Candidate Data (to the extent submitted by you or arising from information you provided), or (c) your misuse of //Recruiting. ## 16. Term; Termination These Candidate Terms apply from your first acceptance until your profile is deleted. Array HQ may suspend or terminate your access to //Recruiting at any time, with or without notice, including for suspected misuse. Sections 5, 8, and 11 through 19 survive termination. ## 17. Dispute Resolution; Binding Arbitration; Class Action and Jury Trial Waivers PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND ARRAYHQ TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. ### (a) Informal Resolution Before initiating arbitration, you agree to notify Array HQ in writing of any dispute at Array HQ's then-current notice address posted at arrayhq.com (or such other address Array HQ designates) and to negotiate in good faith for at least thirty (30) days. ### (b) Binding Arbitration Any dispute, claim, or controversy between you and Array HQ arising out of or relating to these Candidate Terms or //Recruiting that is not resolved through informal resolution will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, except that (i) either party may bring an individual claim in small-claims court if eligible, and (ii) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights. The arbitration will be conducted in English and, at your election, in Wake County, North Carolina or in the county of your residence; if you do not elect, the seat will be Wake County, North Carolina. The Federal Arbitration Act governs the interpretation and enforcement of this Section 17. Prospective Employers are intended third-party beneficiaries of, and may enforce, this arbitration agreement and the class-action waiver in subsection (c), and when a Prospective Employer invokes this Section 17 it will be bound by the same arbitration procedures. This Section 17 does not apply to any claim that cannot lawfully be required to be arbitrated, including sexual-assault and sexual-harassment claims to the extent the claimant elects under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. ### (c) Class Action Waiver YOU AND ARRAYHQ EACH AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE-ATTORNEY-GENERAL ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. ### (d) Jury Trial Waiver YOU AND ARRAYHQ EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE CANDIDATE TERMS. ### (e) 30-Day Opt-Out You may opt out of this Section 17 by sending written notice to Array HQ at its then-current notice address posted at arrayhq.com within thirty (30) days after first accepting these Candidate Terms. Opting out does not affect any other provision of these Candidate Terms. ### (f) Severability of Arbitration Provisions If the class-action waiver in subsection (c) is held unenforceable in any proceeding, the entirety of this Section 17 will be null and void as to that proceeding; the remaining subsections of this Section 17 are otherwise severable. ## 18. Governing Law; Venue These Candidate Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Subject to Section 17, the state and federal courts located in Wake County, North Carolina have exclusive jurisdiction over any action not subject to arbitration. ## 19. Modifications Array HQ may modify these Candidate Terms from time to time. Material changes will be posted in-product or sent to the email address associated with your profile. Continued use of //Recruiting after the effective date of a change constitutes acceptance of the modified Candidate Terms. ## 20. Miscellaneous These Candidate Terms, together with the Privacy Policy, constitute the entire agreement between you and Array HQ regarding your use of //Recruiting as a Candidate, and supersede all prior or contemporaneous agreements regarding the same subject matter. If any provision is held unenforceable, the remaining provisions remain in full force and effect. No waiver of any provision is effective unless in writing and signed by Array HQ.