Terms of service

These terms are an agreement between [RPM legal entity name] (“RPM Talent,” “we”) and the business that signs up for RPM Talent (“Customer,” “you”). The person accepting them confirms they have authority to bind the business. The data processing addendum and any order form are part of these terms. If an order form conflicts with these terms, the order form controls.

RPM Talent is for businesses. It is not offered to consumers, and these terms do not govern job applicants, who use RPM Talent only to apply to and communicate with Customer.

RPM Talent is a hiring workflow service: job posting, applicant tracking, screening, assessments, scheduling, offers, background check coordination, onboarding and payroll handoff, depending on your plan. We may improve and change features, but we will not materially reduce the core functionality of your plan during a paid term.

Orchestration, not storage. RPM Talent is designed so that Social Security numbers, dates of birth, tax forms, bank details, identity documents, signed documents and criminal record details are handled by the connected provider for that step, not stored by us. You agree not to enter that kind of information into free-text fields such as notes, screening questions or messages.

• You choose who gets access and at what role: admin, hiring manager or read only. You are responsible for your users' actions and for removing access when someone leaves.
• Keep passwords confidential. Tell us right away at talent@rpmtalent.app if you suspect unauthorized access.
• Account information you give us must be accurate, including locations, billing contact and payroll provider.

• Per-location pricing. Fees are charged per active location per month at the price of your plan: Core $349, Pro $549, Complete $799, unless your order form says otherwise. Every location pays the full plan price.
• RPM marketing client pricing. Customers with an active RPM marketing agreement pay $449 per location per month for Pro. If the marketing agreement ends, Pro reverts to the standard price at the next billing date.
• Launch pricing. The first 10 customers pay the Core price on any plan for 90 days from account creation, then the standard price of their plan.
• Background checks are charged per check at Checkr's price for the package, currently $30 to $80, as a pass-through, unless you bill directly through your own Checkr account. Job board sponsorship is paid directly to the board.
• Subscriptions renew monthly until canceled. Fees are billed in advance through Stripe, are non-refundable except as these terms state, and exclude taxes, which you pay.
• Upgrades take effect immediately and are prorated. Downgrades take effect at the next billing date.
• If payment fails, we will notify your billing contact. If it remains unpaid 14 days after notice, we may suspend access until it is paid. Your data is not deleted during suspension.
• We may change prices with at least 30 days' notice, effective at your next billing date after the notice period.

You make every hiring decision and remain the employer. You are responsible for complying with the laws that apply to your hiring, including:

• Equal employment opportunity and anti-discrimination laws, including Title VII, the ADA and the ADEA and their state and local equivalents. Only use screening questions and rules that are job-related and applied consistently.
• The Fair Credit Reporting Act and state and local background check, fair chance and ban-the-box laws, including pre-adverse and adverse action notices. RPM Talent is not a consumer reporting agency; Checkr is.
• Pay transparency and job advertising laws for the content of your job posts.
• Consent requirements for text messages under the Telephone Consumer Protection Act. RPM Talent collects applicant consent on its application form; you must not text people who have not consented or have opted out.
• Form I-9 and E-Verify obligations, wage and hour laws, and record-keeping requirements.
• Providing reasonable accommodations, including for assessments.

Assessment fit scores, screening scores and templates are tools to inform your judgment, not a substitute for it. Moxie DNA benchmarks describe trait patterns for roles and are not a guarantee of job performance. You agree not to use any score as the sole basis for an employment decision.

Indeed, ZipRecruiter, Calendly, Dropbox Sign, Checkr, ADP, QuickBooks and similar services are provided by third parties under their own terms, which you accept when you connect them. We are not responsible for their availability or for how they process data under their own terms. Until a service is connected, RPM Talent may run that step in a sandbox mode that simulates it; sandbox results, such as a sandbox background check, have no legal effect and must not be relied on to make hiring decisions.

• Don't post jobs that are fake, discriminatory, illegal or for a business other than yours.
• Don't use RPM Talent to send marketing or unrelated messages to applicants.
• Don't upload malware, probe or disrupt the service, scrape it, or try to access another customer's data.
• Don't resell the service or use it to build a competing product.
• Use API keys only for your own business and keep them secure.

You own the data you and your applicants put into RPM Talent (“Customer Data”). You give us permission to host, process and transmit Customer Data only to provide and support the service, as described in the data processing addendum. We may use aggregated and de-identified data, which does not identify you or any person, to operate and improve RPM Talent.

You can export all Customer Data at any time from Settings. After cancellation or termination, you have 30 days to export it, after which we permanently delete it, except copies in backups, which expire on their normal schedule, and anything we must keep by law.

Each party will protect the other's confidential information with at least reasonable care and use it only for this agreement. We maintain the security measures described in the data processing addendum and will notify you of a security incident affecting Customer Data as it describes.

• You can cancel at any time from Settings, Billing or by contacting your RPM rep. Cancellation takes effect at the end of the current billing period.
• Either party may terminate for material breach not cured within 30 days of written notice.
• We may suspend access immediately if needed to prevent harm to the service, other customers or applicants, or for a serious violation of acceptable use, and will tell you why.

We will provide the service in a professional manner consistent with this agreement. Except for that, the service is provided “as is.” To the extent the law allows, we disclaim all other warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee any hiring outcome, number of applicants or the accuracy of information supplied by applicants or third parties.

Neither party is liable for indirect, incidental, special, consequential or punitive damages, or lost profits. Each party's total liability under this agreement is limited to the fees you paid in the 12 months before the claim. These limits do not apply to your payment obligations, to either party's indemnity obligations, or to liability that cannot be limited by law.[Attorney to confirm a separate, higher cap for data protection breaches.]

We will defend you against third-party claims that the service, as we provide it, infringes their intellectual property, and pay resulting damages. You will defend us against third-party claims arising from your job content, your hiring decisions, your use of connected services, or your violation of employment, background check or messaging laws.

• Governing law: the laws of [state], without regard to conflict of laws rules. Venue: the state and federal courts in [county, state].
• We may update these terms with 30 days' notice to account admins. Continued use after that date is acceptance.
• Neither party may assign this agreement without consent, except to a successor in a merger or sale of substantially all assets.
• Notices to us go to talent@rpmtalent.app; notices to you go to your account's admin and billing emails.
• This is the entire agreement on its subject. If a provision is unenforceable, the rest remains in effect.