Terms of Service

These Terms of Service (“Terms”) govern access to and use of the Ascent platform (“Company”) and services provided (“Service”) by the hiring company (“Customer”) entering into a licensing agreement to provide features to individuals applying to Customer postings (“Applicants”). By licensing the service, the customer agrees to the Terms outlined. The individual accepting on the Customer’s behalf represents that they have the authority to bind Customer into a license agreement.

The Service lets Customers publish job postings, manage applicants, provide a branded Applicant facing page that hosts several transparency enforcement features including recruitment process stages, relative queuing in the process, a live question-and-answer channel with Customer’s recruiters. Service includes automated and AI-powered features including a feedback report assessing the Applicant’s resume and providing tailored email response to Applicant when rejected. Ascent is a software provider, is not an employer, is not privy to any employer arrangements arising from the Customer and the use of Service, and is not responsible for hiring decisions, nor responsible for violations in employment standards or human rights violations made on behalf of employees of the Customer.

Customer will pay the fees set out in the applicable order form after the performance and receival of a quote from the Service. Fees are non-refundable. Late payments accrue interest at the lesser rate of 1.5% per month, beginning after 30 days of the last missed payment. Subscriptions renew automatically but are optionally available to renew manually. Manual subscriptions with non-payments accrued over 60 days will receive suspension of Service.

The customer is wholly responsible for employee and user compliance with these Terms and the maintenance of confidentiality of account credentials. Any suspicion of unauthorized access requires the Customer to promptly notify Ascent.

Customer represents, warrants and agrees to the following conditions:

• All uploaded job postings and related content disseminated by the Service are accurate, lawful, legitimate, and comply with geographic and local applicable employment, labor, human rights, and advertising laws. Pay-range and further AI use in process is required in the Service, but falls on the Customer to ensure the accuracy on postings where required by local law.
• Customer has all rights and consents necessary to submit any applicant or employee data to the Service, including the consent required under applicable law for cross-border transfer of that data to Ascent. Data retrieved via the Service may not be sold to third parties or used outside of the Service jurisdiction.
• Customer is solely responsible for the hiring, rejection, and related employment decisions and for legal compliance with the applicable anti-discrimination and human rights laws.
• Where the Service’s AI will be used in providing Applicants back with relevant feedback, Customer must also ensure human review process in place before rejections are sent or otherwise disclose to Applicants use of AI according to local laws.
• Customer will honor any applicant request for human review of an automated decision where laws requires the Customer or the Service to provide feedback through non-automated means.

Collection and use of personal data is described in the Privacy Policy, incorporated by reference. Where Customer determines the purpose of processing applicant data, such as selected applicants or stages in interview process, Customer acts as the controller (or equivalent role under applicable law) and the Company acts as a processor on the Customer’s behalf, except where the company independently determines the means of processing, such as the generation of the AI-assisted comparison. Here, the Company bears partial controller level responsibilities under applicable law. The parties will enter into the Company’s standard data transferring procedure, forming part of these Terms including the cross border transfer related to customer data.

Applicant and Employee Data submitted through the Service may only be used for recruitment purposes outlined within these Terms. The Customer is not to use this data for direct marketing, the generation of leads or any purpose beyond recruitment without informed consent of the Applicant through a separate agreement incorporation. Customers will not publish any case study, testimonial, or public response to its own use of the Service nor any applicant-identifiable outcome data without the Company’s prior consent and, where relevant, the consent of the individual Applicant.

The Company owns all rights, titles, and interest in the Service, including its software design and underlying technology and process, together with any aggregated data derived from Service usage. Customer retains ownership of the job postings and related content it uploads and grants the Company a license to host, process and display that content solely to operate the Service.

Customers may use the Service alongside or integrated with third-party tools selected. The Company is not responsible for the practices, content, or availability of third-party services where it does not involve the formal partnership between a third-party and the Company.

To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental consequential or punitive damages or loss of profit and goodwill. Total liability under these terms will not exceed the fees paid by Customer in the twelve (12) months before the claim arose, except for liabilities that cannot be limited under applicable law. Customers will indemnify and hold the Company harmless from third-party claims arising from:

• Customer job postings or other uploaded content.
• Customer’s hiring, rejection or other employment decisions.
• Customer’s breach of Section 5 (Customer Obligations) or Section 7 (Marketing and Data Reuse).

These terms are governed by the laws of Canada. The federal courts of Canada shall have exclusive jurisdiction to resolve any dispute arising out of or in connection with this Agreement.

These Terms remain in effect for the entirety of the licensing agreement stated in the order form and renew as specified. Either party may terminate for the other’s uncured material breach of 30 days’ written notice. We may suspend or terminate immediately for the unlawful use of the Service and or as required by law in Customer’s jurisdiction. On termination, Customer’s access ends and data is handled per the data processing notice and data retention schedule.

We may update these Terms and will provide notice. In the case of material changes, Customers will be made aware before they take effect with the opportunity to opt out of the Service. Continued usage of the Service after the effective date constitutes acceptance.

Legal notices under these Terms should be sent to ascentassistant@gmail.com. Each party will keep its contact details current with the other.