Terms of Service

Last updated: 16 April 2026 Effective date: 16 April 2026

1. About these Terms

These Terms of Service ("Terms") form a binding agreement between KineticRecruiter (ABN [ABN to be added]), trading as KineticRecruiter ("KineticRecruiter", "we", "us", "our"), and the individual or organisation that registers for, accesses, or uses our Service ("you", "your", "Customer").

By registering an account, clicking "I accept", or otherwise using the Service, you agree to these Terms. If you are accepting on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" refers to that organisation.

If you do not agree to these Terms, do not use the Service.

2. Definitions

• "Service" means the KineticRecruiter applicant tracking system, websites at https://kineticrecruiter.com and https://app.kineticrecruiter.com, browser extensions, APIs, and any related products and services we provide.
• "Customer Data" means all data and content uploaded to, generated within, or processed by the Service on your account, including candidate profiles, resumes, job postings, client records, communications, and configuration.
• "Candidate" means an individual whose personal information is added to the Service by you or on your behalf.
• "User" means any individual you authorise to access the Service under your account (including employees, contractors, and agents).
• "Subscription" means a paid plan you purchase from us granting access to the Service for a defined billing period.
• "Privacy Policy" means our privacy policy at https://kineticrecruiter.com/privacy, as updated from time to time.
• "Documentation" means the user guides, help articles, and product documentation we make available.

3. Account registration and eligibility

3.1 Eligibility

To use the Service, you must:

• Be at least 18 years old
• Be capable of forming a binding contract under applicable law
• Not be prohibited from using the Service under any applicable law

The Service is intended for business and professional use, not personal or household use.

3.2 Account information

You agree to:

• Provide accurate, current, and complete information during registration
• Keep your account information up to date
• Maintain the security of your password and any API keys
• Promptly notify us of any unauthorised access or security breach
• Be responsible for all activity that occurs under your account

3.3 User accounts

You may invite Users to access the Service under your account. You are responsible for the conduct of all Users on your account, and for ensuring they comply with these Terms.

4. Subscriptions, fees, and billing

4.1 Plans

We offer subscription plans (currently Starter, Professional, and Agency). Plan features, limits, and prices are listed at https://kineticrecruiter.com/pricing. We may modify plan offerings, features, and limits at any time with reasonable notice for material changes.

4.2 Free trial

We may offer a free trial for certain plans. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel before the trial ends. Trial accounts may have feature or usage limits.

4.3 Payment

Fees are charged in advance for the billing period (monthly or annual). Payment is processed by Stripe as our payment processor. By providing payment details, you authorise us to charge the applicable fees, including any taxes, to your payment method.

If a payment fails, we may suspend the Service until payment is received. Repeated payment failures may result in termination.

4.4 Taxes

Fees are exclusive of taxes unless stated otherwise. You are responsible for any GST, VAT, sales tax, withholding tax, or other taxes applicable to your subscription, except for taxes on our net income.

For Australian customers, GST will be added to invoices where applicable.

4.5 Auto-renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You can manage your subscription through the billing portal in the Service.

4.6 Price changes

We may change subscription prices. For existing customers, price changes take effect at the next renewal after we have given at least 30 days' notice.

4.7 Refunds

Except where required by law (including the Australian Consumer Law), all fees are non-refundable. We do not refund partial billing periods upon cancellation.

4.8 Discounts

We may offer discount codes from time to time. Discount codes are subject to their specific terms (eligibility, expiry, single-use, etc.). We may withdraw discount codes at any time before they are redeemed.

5. Permitted use

You may use the Service for lawful business purposes in accordance with these Terms, the Documentation, and your subscription plan limits.

You may:

• Add and manage candidate, job, client, and contact records
• Use AI-powered features to parse resumes, match candidates, and generate content
• Share candidate profiles, job listings, and shortlists with hiring managers and external parties using the Service's sharing features
• Receive applications from candidates via your career page
• Export your Customer Data in the formats we make available
• Use our Chrome extension to capture candidate information from LinkedIn profiles you are viewing

6. Prohibited use

You must not, and must ensure your Users do not:

• Use the Service in violation of any applicable law, including spam laws (e.g. the Spam Act 2003 (Cth)), employment discrimination laws, or anti-bribery laws
• Process personal information without a lawful basis or required notices
• Upload, transmit, or process information you do not have the right to process
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or commercially exploit the Service except as permitted by your subscription
• Use the Service to build a competing product
• Send unsolicited bulk communications ("spam"), phishing attempts, or fraudulent content
• Use the Service to discriminate unlawfully against candidates on the basis of any protected attribute under applicable law
• Bypass technical limitations, rate limits, security measures, or feature gates
• Attempt to gain unauthorised access to the Service, other accounts, or related systems
• Upload viruses, malware, or other harmful code
• Use automated systems (bots, scrapers, etc.) to access the Service except via our official APIs and within the rate limits we publish
• Interfere with or disrupt the Service or servers
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Process special category data (e.g. health, biometric, religious belief) outside what is incidentally contained in resumes, without an appropriate lawful basis
• Use the Service for the recruitment of children under 16 (other than where lawful, e.g. for school work-experience programs)

We may suspend or terminate your account for violations of this Section.

7. Customer Data and ownership

7.1 Your ownership

You retain all rights, title, and interest in and to your Customer Data, including all intellectual property rights. We do not claim ownership of Customer Data.

7.2 Licence to us

You grant KineticRecruiter a worldwide, non-exclusive, royalty-free licence to host, store, transmit, display, modify, and create derivative works of your Customer Data only to the extent necessary to provide and support the Service, comply with legal obligations, and perform aggregate analytics in anonymised form to improve the Service.

7.3 Candidate data

For Customer Data that constitutes personal information of candidates, you act as the data controller and we act as data processor (as those terms are used in GDPR and equivalent laws). We will:

• Process candidate data only on your documented instructions (the Service's features constitute such instructions)
• Implement appropriate technical and organisational measures to protect candidate data
• Make available to you the information necessary to demonstrate compliance with applicable data protection laws
• Notify you without undue delay of any personal data breach affecting candidate data
• Assist you, taking into account the nature of the processing, with responding to data subject requests
• On termination, delete or return candidate data in accordance with Section 13.2

If you require a separate Data Processing Agreement (DPA), you can request one at legal@kineticrecruiter.com.

7.4 Your responsibilities

You are solely responsible for:

• The accuracy, quality, and legality of Customer Data
• Having appropriate consents and lawful bases to add candidates to the Service
• Providing privacy notices to candidates as required by law
• Responding to data subject requests from candidates
• Securing the credentials of your User accounts
• Configuring the Service appropriately for your obligations (e.g. visibility settings, sharing controls, retention)

7.5 Backups

We maintain backups of Customer Data for the purposes of disaster recovery. Backup retention is described in our Privacy Policy. Backups are not a substitute for your own data export and retention practices.

8. KineticRecruiter's intellectual property

The Service, including all software, designs, logos, branding, documentation, and AI-generated outputs (templates, prompts, etc.), is owned by KineticRecruiter or our licensors and is protected by copyright, trademark, and other intellectual property laws.

Except for the limited rights granted in these Terms, no rights are transferred to you. You must not remove, alter, or obscure any proprietary notices.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during your subscription, subject to these Terms.

8.1 Feedback

If you provide us with suggestions, ideas, feedback, or enhancement requests, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use that feedback for any purpose without compensation or attribution.

8.2 AI-generated content

The Service uses AI to generate content (suitability assessments, summaries, career highlights, emails, etc.). You acknowledge:

• AI-generated content may contain inaccuracies, biases, or errors
• You are responsible for reviewing AI-generated content before relying on it or sharing it externally
• AI-generated content based on your Customer Data is owned by you to the extent permitted by applicable law
• We make no warranty as to the accuracy, suitability, or non-infringement of AI-generated content

9. Third-party services

The Service integrates with third-party services (Google Cloud, Gemini AI, Stripe, OAuth providers, email providers, LinkedIn via our Chrome extension, etc.). Your use of those services is subject to their own terms.

We are not responsible for third-party services or their content. Third-party services may change, become unavailable, or impose restrictions outside our control.

10. Confidentiality

Each party may receive confidential information from the other in connection with the Service. The receiving party agrees to:

• Use confidential information only for the purposes of these Terms
• Protect it with at least the same care as its own confidential information (and no less than reasonable care)
• Not disclose it except to employees, agents, or advisors who need to know and are bound by confidentiality obligations
• Return or destroy it upon written request after termination, except as required for legal compliance or as retained in routine backups

Confidentiality obligations do not apply to information that is publicly available, was already known, is independently developed, or is required to be disclosed by law.

Customer Data is treated as your confidential information.

11. Service availability and support

11.1 Uptime

We aim to provide the Service with high availability but do not guarantee uninterrupted access. The Service may be unavailable due to:

• Planned maintenance (we will provide reasonable advance notice for material maintenance)
• Emergency maintenance, security patches, or incident response
• Failures of upstream providers or internet infrastructure
• Force majeure events

For Agency plan customers, additional service-level commitments may apply as set out in a separate Service Level Agreement.

11.2 Support

Support is provided through email at support@kineticrecruiter.com during Australian business hours (Monday to Friday, excluding NSW public holidays). Response times depend on your subscription plan.

12. Suspension

We may suspend access to the Service (in whole or in part) without notice if:

• Required by law or court order
• Necessary to address a security incident or vulnerability
• Necessary to prevent damage to the Service, other customers, or third parties
• You fail to pay fees when due (after a reasonable cure period)
• You materially breach these Terms

We will use commercially reasonable efforts to notify you of any suspension and to restore access promptly once the cause is resolved.

13. Termination

13.1 Termination by you

You can cancel your subscription at any time through the billing portal in the Service. Cancellation takes effect at the end of the current billing period. You will not be refunded for the unused portion of the period.

13.2 Termination by us

We may terminate or suspend your account:

• Immediately if you materially breach these Terms (including non-payment of fees) and fail to cure within 14 days of written notice
• Immediately for serious violations of Section 6 (Prohibited Use), illegal activity, or fraud
• For convenience with at least 30 days' notice (in which case we will refund the unused prepaid portion of any current billing period)
• If we discontinue the Service entirely (with at least 90 days' notice and a pro-rated refund of prepaid fees)

13.3 Effect of termination

On termination:

• Your right to access the Service ends immediately
• Customer Data remains available for export for 30 days after termination
• After 30 days, Customer Data will be permanently deleted, except as retained in backups (deleted within a further 30 days) or as required by law
• Outstanding fees become immediately due and payable
• Sections that by their nature should survive termination (Sections 7.1, 7.2, 8, 10, 14, 15, 16, 17, 18, 19) survive

14. Warranties and disclaimers

14.1 Mutual warranties

Each party warrants that it has the right and authority to enter into these Terms and to perform its obligations.

14.2 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy that you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law to the extent it cannot be lawfully excluded or limited.

If a law implies a guarantee that cannot be excluded, our liability for breach of that guarantee is limited to (at our option):

• Resupplying the Service
• Paying the cost of having the Service resupplied

14.3 Disclaimer

To the maximum extent permitted by law (and subject to Section 14.2):

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION.

We do not warrant that:

• The Service will meet your requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• AI-generated content will be accurate, complete, or fit for any particular purpose
• Defects will be corrected
• The Service is free from viruses or other harmful components
• Customer Data will not be lost

You acknowledge that you are responsible for evaluating the accuracy and suitability of any AI-generated content before relying on or distributing it.

15. Limitation of liability

15.1 Cap on liability

To the maximum extent permitted by law (and subject to Section 14.2), each party's aggregate liability arising out of or related to these Terms (whether in contract, tort, statute, or otherwise) will not exceed the total fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim.

15.2 Excluded damages

To the maximum extent permitted by law, neither party will be liable for:

• Indirect, incidental, consequential, special, exemplary, or punitive damages
• Loss of profits, revenue, business opportunity, goodwill, or data (except where caused by our breach of confidentiality or data protection obligations)
• The cost of procurement of substitute services

15.3 Exceptions

The limitations in this Section do not apply to:

• Your obligation to pay fees
• Either party's indemnification obligations
• Liability that cannot be excluded under applicable law (including the Australian Consumer Law)
• A party's wilful misconduct or fraud

16. Indemnification

16.1 Your indemnification

You agree to indemnify, defend, and hold harmless KineticRecruiter and its directors, officers, employees, contractors, and agents from any third-party claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your Customer Data, including any claim that it infringes the rights of a third party or violates applicable law
• Your use of the Service in breach of these Terms
• Your violation of any applicable law (including data protection or employment law)
• Disputes between you and your Users, Candidates, clients, or other third parties

16.2 Our indemnification

We will indemnify, defend, and hold you harmless from any third-party claim alleging that the Service, when used in accordance with these Terms, infringes that party's intellectual property rights, provided you:

• Promptly notify us of the claim
• Give us sole control of the defence and settlement
• Provide reasonable assistance at our expense

We will not be liable for claims arising from:

• Your Customer Data
• Modifications to the Service made by you or third parties
• Combination of the Service with other products not provided by us
• Your continued use of the Service after we provide a non-infringing alternative

If the Service becomes (or in our reasonable opinion may become) the subject of an infringement claim, we may at our option: (a) procure a licence allowing continued use; (b) modify the Service to be non-infringing; or (c) terminate your subscription and refund any prepaid unused fees. This is your sole remedy for infringement claims.

17. Force majeure

Neither party is liable for delays or failures in performance due to events beyond reasonable control, including natural disasters, acts of war or terrorism, civil unrest, labour disputes, government actions, internet or telecommunications failures, pandemics, or failures of upstream providers. The affected party will use reasonable efforts to resume performance.

This does not relieve you of the obligation to pay fees due.

18. Changes to these Terms

We may update these Terms from time to time. When we do:

• The "Last updated" date will change
• For material changes, we will notify you by email and/or by prominent notice in the Service at least 30 days before the change takes effect

If you continue to use the Service after the change takes effect, you accept the updated Terms. If you do not accept, your only remedy is to cancel your subscription before the change takes effect.

19. Dispute resolution

19.1 Informal resolution

Before commencing formal proceedings, the parties agree to attempt in good faith to resolve any dispute by direct negotiation between senior representatives within 30 days of written notice of the dispute.

19.2 Mediation

If direct negotiation does not resolve the dispute within 30 days, either party may refer the dispute to mediation administered by the Australian Disputes Centre under its Mediation Guidelines. Mediation will take place in Sydney, Australia. Each party bears its own costs and shares the mediator's fees equally.

19.3 Litigation

If mediation does not resolve the dispute within 60 days of referral, either party may commence proceedings in the courts of New South Wales (Section 21).

19.4 Urgent relief

This Section does not prevent either party from seeking urgent injunctive or equitable relief in any court of competent jurisdiction.

20. Notices

Notices under these Terms must be in writing and sent to:

• To us: legal@kineticrecruiter.com (or the postal address in Section 24)
• To you: the email address associated with your account

Notices are deemed received when sent (for email) or 3 business days after posting (for post), unless return-receipted otherwise.

21. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of laws principles. Each party submits to the exclusive jurisdiction of the courts of New South Wales and the federal courts of Australia sitting in New South Wales.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

22. General

22.1 Entire agreement

These Terms, together with the Privacy Policy and any additional terms agreed in writing (e.g. an order form, DPA, or SLA), constitute the entire agreement between the parties and supersede all prior agreements, communications, or understandings on the subject matter.

22.2 Severability

If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary to be enforceable, or severed if it cannot be modified. The remainder of these Terms will continue in effect.

22.3 Waiver

Failure to enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in writing and signed by the waiving party.

22.4 Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, restructure, or sale of assets, with notice to you.

22.5 Independent contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship.

22.6 No third-party beneficiaries

These Terms do not create any third-party beneficiary rights, except where expressly stated (e.g. our indemnified parties under Section 16.1).

22.7 Headings

Section headings are for convenience only and have no substantive effect.

22.8 Language

These Terms are in English. Any translations are provided for convenience only; the English version controls in the event of inconsistency.

22.9 Export and sanctions

You represent and warrant that you and your Users are not located in, and will not use the Service in, any country subject to a comprehensive embargo by Australia, the United States, or the United Nations, and that you and your Users are not on any restricted-party list maintained by the Australian government, the US Treasury (OFAC), or the EU.

23. Trial, beta, and free features

We may make trial, beta, or free features available from time to time. These features:

• Are provided "as is" without any warranty
• May have additional or different terms communicated at the time of access
• May be modified or discontinued at any time without notice
• Are not included in any service-level commitments

Your feedback on trial and beta features helps us improve the Service.

24. Contact us

KineticRecruiter (ABN [ABN to be added]) Trading as KineticRecruiter

• Legal enquiries: legal@kineticrecruiter.com
• General support: support@kineticrecruiter.com
• Billing: billing@kineticrecruiter.com
• Post: Sydney, NSW, Australia
• Website: https://kineticrecruiter.com

Placeholder values to fill in before publishing

Legal review reminder

This document is a comprehensive template based on Australian law and SaaS industry standards. Before publishing, have it reviewed by an Australian commercial lawyer familiar with SaaS and B2B contracting.

Key items your lawyer should verify:

• Liability cap appropriateness (12 months' fees is industry-standard SaaS but may need adjustment based on your insurance and risk appetite)
• Indemnification scope (broad customer indemnity is standard but some customers will push back)
• Whether you need a separate Data Processing Agreement (DPA) template for enterprise customers (recommended once you serve EU customers or handle high volumes of candidate data)
• Whether you need a separate Service Level Agreement (SLA) for Agency plan customers
• Specifics of the Australian Consumer Law disclaimer language (Section 14.2) — this is mandatory but the exact phrasing matters
• Insurance requirements — most B2B SaaS vendors carry: Public Liability ($10–20M), Professional Indemnity / E&O ($2–5M), Cyber Liability ($1–5M)
• Whether you need additional terms for:
  • Resellers / partners (separate Reseller Agreement)
  • API users (separate API Terms or developer agreement)
  • White-label customers (additional white-label terms in your Agency plan)
• Any industry-specific compliance you may need to call out (e.g. if you handle data for healthcare/government recruitment)

Companion documents to consider

These should likely be referenced from or accompany your Terms:

1. Privacy Policy — drafted, see PRIVACY_POLICY.md
2. Cookie Policy — required if your marketing site uses analytics/marketing cookies (especially for EU traffic)
3. Data Processing Agreement (DPA) — for enterprise/EU customers
4. Acceptable Use Policy (AUP) — if you want detailed prohibited-use rules separate from the main Terms
5. Service Level Agreement (SLA) — for Agency tier or enterprise contracts
6. Sub-processors list — public page listing the third parties that process customer data (currently embedded in Privacy Policy Section 6.1; consider a standalone page that's easier to update)