Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of draftedhq.org and the Drafted platform (collectively, the "Service") operated by Drafted, Inc. ("the Company," "we," "us," or "our") (51 Melcher Street, Suite 3, Boston, MA 02210). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

The Service is a B2B recruiting workflow tool. If you are accessing the Service on behalf of an organization (such as an employer subscribing to Drafted), you represent that you have authority to bind that organization to these Terms.

2. Use of the Service

• You must be at least 18 years old or have the consent of a parent or legal guardian to use the Service.
• You agree not to use the Service for unlawful purposes, to interfere with operation, or to attempt to gain unauthorized access to systems or data.
• You may not scrape, reverse-engineer, or copy the Service except as permitted by applicable law.
• You agree not to use warm-path data or introduction recommendations generated by the Service to discriminate against candidates on the basis of any protected characteristic, and not to use the Service in a manner that violates applicable employment or equal-opportunity laws.
• Employee authorization to connect professional accounts is voluntary. You agree to obtain proper authorization from employees before connecting their accounts to the Service.

3. Intellectual Property

The Service, including all text, graphics, logos, warm-path algorithms, and software, is owned by the Company or its licensors and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access the Service for its intended purpose as a talent-team workflow tool. No rights are granted beyond those expressly stated here.

4. User Content and Data

You are responsible for any content and data you submit through the Service, including employee account authorizations, job-role descriptions, and pipeline notes. You represent that you have all necessary rights and consents to submit such content and to connect employee accounts. You grant the Company a limited license to use, store, and process the content and data as necessary to provide the Service, generate warm-path recommendations, and power analytics, in accordance with our Privacy Policy.

The Company does not claim ownership of your employee network data or proprietary pipeline information. You retain ownership of data you input; we act as a processor for that data on your behalf.

5. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WARM-PATH SCORES AND INTRODUCTION RECOMMENDATIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE GUARANTEES OF HIRING OUTCOMES. THE COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT NETWORK DATA WILL BE COMPLETE OR ACCURATE.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING LOSS OF HIRING OPPORTUNITIES, DATA LOSS, OR EMPLOYEE-RELATIONSHIP IMPACTS. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO THE COMPANY IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) USD $100.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Company from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party right, or (d) any failure to obtain required employee authorizations before connecting accounts to the Service.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, employee network data and pipeline records are purged in accordance with the retention schedule in our Privacy Policy. Sections that by their nature should survive termination will survive, including Sections 3, 5, 6, 7, 9, and 10.

9. Governing Law; Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law principles.

Informal Resolution. Before filing a claim, you agree to contact us at [email protected] and attempt informal resolution for at least 60 days.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in Massachusetts, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and the Company each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in Massachusetts, USA for intellectual-property infringement or unauthorized access to the Service.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with a new "Last updated" date. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

11. Contact

Drafted, Inc.
51 Melcher Street, Suite 3, Boston, MA 02210
Email: [email protected]
Phone: +1 (617) 220-0157