Terms of Service

1. Acceptance of Terms

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

The Service is provided for organizational use. Where a part of the Service requires an account, you may use it only on behalf of an organization, and you represent that you have authority to bind that organization to these Terms. Where you have that authority, "You" means both the individual using the Service and that organization, and the two are jointly and severally responsible for the obligations these Terms impose. Where you do not, these Terms bind you in your own capacity, and every obligation they place on an organization is yours.

If your organization has signed a separate written agreement with us, these Terms continue to apply, and the signed agreement controls wherever the two conflict.

2. Eligibility and Authorized Access

The individual using the Service must be at least 18 years old and legally able to enter a contract. The Service is offered to users in the United States and is not directed to users elsewhere. It is a business service, made available for an organization's internal purposes, and is not offered for personal, family, or household purposes.

Parts of the Service are available only to accounts we have authorized, and what an account can see depends on the level of access assigned to it. Access is granted by us, is tied to a specific person, and is not transferable. We may grant, change, limit, or withdraw access at any time, including access previously granted.

3. The Service and Our Role

The Service brings together information about companies and their open roles and makes it available to users we authorize.

No employment relationship. No listing on the Service is an offer of employment by us, and we are not the employer for any role the Service lists.

No agency, placement, or recruiting relationship. We do not represent candidates to employers or employers to candidates, and we do not submit applications on anyone's behalf. We charge no fee to any candidate or other person seeking employment, and no fee we charge is contingent on any person being hired or placed. Applications are made directly to the employer, through the employer's own hiring channels and subject to the employer's terms.

Not a hiring or screening tool. The Service is not provided for evaluating, screening, ranking, or selecting candidates for employment. It may not be used as an automated employment decision tool, or as a substantial factor in any employment decision.

No professional advice. The Service does not constitute career, legal, immigration, tax, or financial advice, and use of it creates no advisory or fiduciary relationship.

No guaranteed outcome. We do not guarantee that any application will be reviewed, or that any interview, offer, or employment will result.

4. Accounts and Account Security

Signing in may be handled through a third-party sign-in provider (currently Google). Where it is, your use of that provider is also subject to that provider's own terms. We may add or change sign-in methods. What we collect when you sign in is described in our Privacy Policy.

You are responsible for activity that occurs under your account. Keep your credentials confidential and tell us promptly at hello@tidalrun.com if you believe your account or credentials have been compromised. You must also tell us promptly when a person is no longer authorized to use the Service on your organization's behalf.

5. Availability and Modifications

The Service is offered on a limited basis. Features may be added, changed, or removed, and functionality may be incomplete or behave unexpectedly.

We do not commit to any level of uptime, availability, or support, and we may suspend or discontinue all or part of the Service at any time. Any commitment of that kind is set out in the written agreement between your organization and us.

6. Accuracy of Listing Content

Listings and company information in the Service originate with employers and other third parties. We do not control that information, we do not vet it, and we do not verify its accuracy or completeness.

Currency of information. Information in the Service may be out of date. A role may have been filled, withdrawn, or modified since it was last updated in the Service, and a role may remain listed after it has ceased to be available.

Automated generation, without human review. Information we derive rather than receive is generated by automated means and is not reviewed by any person. It is an estimate. It may be inaccurate, incomplete, or absent, and it is provided to assist you in navigating a large volume of listings, not as a statement of fact concerning any role.

Selection and ordering. Which listings the Service shows you, and in what order, are determined by automated means. The Service does not show every role that may be available, and the absence of a role from the Service is not an indication that it does not exist or would not suit you.

Verification. You should verify any information on which you rely against the employer's own posting. This applies with particular force to compensation and to work authorization or visa sponsorship, as to which only the employer can state its actual position, and as to which an error carries material consequences for a candidate.

Company names, logos, and other marks appear in the Service to identify the employer associated with a listing. Their appearance does not indicate any affiliation with, sponsorship by, or endorsement of us by those companies, or any relationship between them and any user.

7. Acceptable Use

You agree not to, and not to permit anyone else to:

• Scrape, crawl, harvest, or otherwise extract data from the Service in bulk, or by any automated means we have not authorized in writing
• Sell, license, publish, or otherwise redistribute information obtained from the Service, or use it to build, train, or improve a competing product, dataset, or model
• Share your account or your credentials with any other person, or provide access to the Service to anyone we have not authorized
• Circumvent or attempt to circumvent access controls, rate limits, authentication, or any other technical measure that protects the Service
• Reverse engineer, decompile, or attempt to derive the source code or underlying structure of the Service, except where that restriction is unenforceable under applicable law
• Interfere with the Service's operation, probe it for vulnerabilities without our written permission, or introduce malicious code
• Use the Service to violate any law, including employment, anti-discrimination, privacy, or export laws, or to make or support a decision about any person on a basis prohibited by law
• Misrepresent your identity, your affiliation, or your authority to act for an organization
• Use the Service to send bulk, automated, or unsolicited commercial communications to any person or employer identified through it

We may investigate suspected violations and may suspend access immediately where we believe the Service, our data, or another user is at risk.

Ordinary use. Nothing in this section prevents you from sharing individual roles with the people your organization supports, in the ordinary course of its activities.

Security research. Good-faith security research is welcome. If you believe you have found a vulnerability, report it to hello@tidalrun.com and give us a reasonable opportunity to address it before disclosing it publicly. Research conducted and reported that way is not a breach of these Terms.

8. Organizations and Student Information

If you use the Service as part of an organization, the organization decides what information it puts into the Service and how the Service is used within it. The organization is responsible for having the authority, consents, and notices required for that information, and for making sure its users comply with these Terms.

Where an educational institution designates us as a school official with a legitimate educational interest under FERPA, we act under the institution's direct control with respect to education records, use them only for the purposes the institution authorizes, and do not re-disclose them except as the institution directs. The specific terms are set out in our written agreement with the institution.

Do not submit information about students, or any other sensitive personal information, outside the scope of your organization's written agreement with us. Our handling of personal information is described in our Privacy Policy, which states our practices rather than forming part of these Terms.

9. User Content and Feedback

You keep ownership of anything you submit to us or through the Service. You grant us a non-exclusive, worldwide, royalty-free license to host, store, process, and display it, solely to operate the Service and provide it to you and your organization. Where information you submit is governed by Section 8 or by your organization's written agreement with us, those terms govern our use of it and this license is limited accordingly.

You represent that you have the rights necessary to submit that content, and that it does not infringe anyone's rights or violate any law.

Feedback. If you send us suggestions, feature requests, bug reports, or other feedback, we may use it without restriction and without any obligation to you. You grant us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license to use, modify, and incorporate it into the Service or any other product. Do not send us feedback you consider confidential or that you are not free to share.

10. Confidentiality

You may be given access to non-public information that we identify as confidential or that a reasonable person would understand to be confidential, including unreleased functionality, roadmaps, pricing discussions, and the structure and contents of our data. Use it only to evaluate and use the Service, and do not disclose it to anyone outside your organization without our written permission.

This does not apply to information that is or becomes public through no fault of yours, that you already had without a duty of confidence, that you independently develop without using our confidential information, or that you are legally compelled to disclose, in which case you will notify us before disclosure to the extent you are permitted to do so.

These obligations continue for three years after your access ends, except for information that is a trade secret, which remains protected for as long as it remains one.

11. Intellectual Property

The Service, including its software, design, and text, the selection, arrangement, and organization of the information in it, and every value we derive from that information, is owned by us or our licensors and is protected by intellectual property law. Individual facts drawn from public sources are not claimed as ours; the compilation and the values we derive from that information are. We claim no ownership of employers' own job postings, their descriptions of themselves, or their names, logos, and other marks, all of which remain the property of their owners.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your internal purposes. No other rights are granted, and we reserve everything not expressly granted here.

12. Content Requests and Infringement Claims

If you are an employer, or you act for one, and you want listings or information about your organization corrected or removed from the Service, email hello@tidalrun.com with the subject line "Listing Request." Identify the organization, the listings or information at issue, and the change you are asking for. We will review the request.

If you believe material on the Service infringes your intellectual property rights, email the same address with a description of the material, where it appears, the right you hold, and your contact information. We will review the claim.

13. Third-Party Services and Fees

The Service depends on and links to services we do not operate, including sign-in providers, employers' own hiring sites, and other sites you reach from a listing. We are not responsible for them, their availability, or their content, and your use of them is governed by their own terms and privacy policies.

Fees. Fees for the Service, if any, are set out in the written agreement between your organization and us, together with the billing period, payment terms, and renewal terms that apply to it. Those terms govern; this section does not change them.

Where there is no such agreement, access is provided at no charge. Fees apply to that access only if you agree to them.

14. Term, Suspension, and Termination

You may stop using the Service at any time and ask us to close your account by emailing hello@tidalrun.com.

We may suspend or terminate your access at any time, with or without notice, including if we believe you have breached these Terms, if your organization's agreement with us ends, or if we discontinue the Service.

When access ends, the license in Section 11 ends with it and you must stop using the Service and any information obtained from it. Any provision that by its nature should survive termination does so, including the disclaimers, the limitations of liability, the indemnity, the feedback license in Section 9, and the confidentiality, intellectual property, and dispute resolution provisions.

15. Disclaimer of Warranties

The Service and everything in it are provided "as is" and "as available," without warranty of any kind. To the fullest extent permitted by law, we and our members, managers, officers, directors, employees, agents, affiliates, licensors, and suppliers (together, the "Protected Parties") disclaim all warranties, express, implied, and statutory, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.

The Protected Parties do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that any information in the Service is accurate, complete, current, or suitable for any purpose.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

16. Limitation of Liability

To the fullest extent permitted by law, no Protected Party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost opportunities, lost employment, lost data, or loss of goodwill, arising out of or relating to the Service or these Terms, whether based in contract, tort, or any other theory, and whether or not any Protected Party was advised of the possibility.

The Protected Parties' total liability, taken together, for all claims arising out of or relating to the Service or these Terms will not exceed the greater of one hundred United States dollars ($100) and the amounts you paid us for the Service in the twelve months before the event giving rise to the claim.

These limits apply even if a limited remedy fails of its essential purpose. Nothing in these Terms limits liability for fraud, for willful injury to the person or property of another, for violation of law, or for any other liability, in each case to the extent that liability cannot be limited or excluded under applicable law. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

17. Indemnification

To the extent permitted by applicable law, you will defend, indemnify, and hold the Protected Parties harmless from any claim, demand, loss, liability, and expense (including reasonable attorneys' fees) arising out of your breach of Section 7, information you submit, or your violation of any law or of anyone's rights. This obligation does not apply to the extent the claim arises from a Protected Party's own acts or omissions. As provided in Section 1, it binds both you and any organization on whose behalf you use the Service.

Where these Terms bind you in your own capacity rather than on behalf of an organization, your obligation under this Section will not exceed the amount that limits the Protected Parties' liability under Section 16. That limit does not apply to an organization bound by these Terms, and does not apply to a claim arising from your willful misconduct or from conduct you undertake for commercial gain.

We may participate in the defense of any claim for which we seek indemnification, with our own counsel at our own expense. You will not settle any claim in a way that imposes an obligation on any Protected Party without our written consent.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules.

Informal resolution. Before commencing any proceeding, the complaining party must give the other written notice describing the dispute and the relief sought. Notice to us goes to hello@tidalrun.com; notice to you goes to the email address associated with your account or otherwise provided to us. The parties will then attempt in good faith to resolve the dispute informally for 30 days. This does not apply to a claim for injunctive or other equitable relief, or to a claim that qualifies for small claims court, and the 30-day period does not shorten any applicable limitation period.

Venue. Any dispute arising out of or relating to the Service or these Terms will be brought exclusively in the state and federal courts located in the State of California, and both of us consent to the personal jurisdiction of those courts. Either of us may bring an individual claim in small claims court if it qualifies.

19. General Provisions

Entire agreement and precedence. These Terms, together with any separate written agreement your organization has signed with us, are the entire agreement between us about the Service. Section 1 governs the relationship between the two.

Changes. We may update these Terms. We will post the revised version at this address and update the "Last updated" date. If the changes are material, we will give additional notice, by email or through the Service, before they take effect. Continuing to use the Service after that means you accept the revised Terms; if you do not, stop using the Service.

Notices. We may send you notices by email to the address associated with your account, or by posting them in the Service. Send notices to us at hello@tidalrun.com.

Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, financing, or sale of assets.

Severability and waiver. If any provision is held unenforceable, it will be limited or removed to the minimum extent necessary and the rest stays in force. Not enforcing a provision is not a waiver of it.

Force majeure. Neither of us is liable for a delay or failure caused by something outside our reasonable control.

Independent parties. These Terms create no partnership, joint venture, agency, or employment relationship. They give no rights to anyone who is not a party to them, except that the Protected Parties may enforce Sections 15, 16, 17, and 18.

20. Contact Information

Questions concerning these Terms may be directed to hello@tidalrun.com.