Terms of Service

As used in these Terms:

"Service"

The Amplify ATS web application, APIs, and related services accessible at amplifyit.io and its subdomains.

"Customer" or "you"

The company or individual who registers for and uses the Service.

"User"

An individual authorized by the Customer to access the Service under the Customer's account.

"Customer Data"

All data, including candidate profiles, CVs, assessments, and job postings, submitted by or on behalf of the Customer through the Service.

"Amplify Content"

Software, algorithms, templates, documentation, and any other content provided by Amplify as part of the Service.

"Third-Party Integration"

An external service connected to the Service via API or OAuth, including but not limited to LinkedIn, Slack, and Google Workspace.

"Subscription"

A paid or trial plan that grants the Customer access to the Service for a defined period.

You must be at least 18 years old and have the legal authority to enter into a binding contract to use the Service. If you are registering on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at security@amplifyit.io of any unauthorized use of your account.

Amplify reserves the right to refuse registration or terminate accounts that violate these Terms or any applicable law.

3.1 License Grant

Subject to your compliance with these Terms and timely payment of all applicable fees, Amplify grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during the Subscription term.

3.2 Service Availability

Amplify targets 99.5% monthly uptime for the Service, excluding scheduled maintenance windows (announced with at least 24 hours' notice), force majeure events, and downtime attributable to third-party services beyond our reasonable control. We do not guarantee uninterrupted or error-free operation.

3.3 Changes to the Service

We may modify, discontinue, or add features to the Service at any time. For material changes that adversely affect your use, we will provide at least 30 days' prior written notice. If you object to such changes, you may terminate your Subscription before the change takes effect and receive a pro-rated refund for any prepaid unused period.

3.4 Beta Features

Features designated as “beta,” “preview,” or “experimental” are provided as-is without any warranty and may be modified or discontinued at any time without prior notice.

4.1 Fees

Subscription fees are as described on the applicable pricing page at the time of purchase. Amplify reserves the right to modify pricing with at least 30 days' notice prior to your next billing cycle. Continued use of the Service after the price change takes effect constitutes acceptance of the new pricing.

4.2 Payment & Billing Cycle

Fees are billed in advance on a monthly or annual basis (as selected) via our payment processor, Stripe. All fees are in US Dollars (USD) unless otherwise stated. You authorize Amplify to charge your payment method on a recurring basis.

4.3 Taxes

All fees are exclusive of applicable taxes, levies, or duties (including VAT, GST, and Brazilian ISS/PIS/COFINS). You are responsible for paying all such taxes, except for taxes based on Amplify's net income.

4.4 Refunds

Monthly subscriptions are non-refundable. Annual subscriptions may be refunded on a pro-rated basis for unused complete months if you cancel within the first 14 days. After 14 days, annual subscriptions are non-refundable. Amplify may, at its sole discretion, issue refunds in exceptional circumstances.

4.5 Overdue Payments

If payment fails, Amplify will attempt to collect the overdue amount for up to 10 days. After 10 days of non-payment, Amplify may suspend access to the Service. Access will be restored within 24 hours of receipt of full payment. Unpaid accounts may be terminated after 30 days.

5.1 Ownership

You retain all ownership and intellectual property rights in Customer Data. Amplify claims no ownership over Customer Data.

5.2 License to Customer Data

You grant Amplify a limited license to store, process, and transmit Customer Data solely as necessary to provide the Service and as directed by you.

5.3 Data Processing

Amplify acts as a data processor with respect to any personal data contained in Customer Data. Our data processing practices are governed by our Privacy Policy and, for Customers requiring a formal Data Processing Agreement (DPA), available upon request at privacy@amplifyit.io.

5.4 Customer Responsibilities

You are solely responsible for ensuring that your collection, processing, and storage of candidate data via the Service complies with all applicable privacy laws and regulations, including GDPR, LGPD, CCPA, and any local employment and data protection laws. This includes obtaining all necessary consents from candidates and providing required notices.

5.5 Data Portability & Deletion

Upon request or termination of your account, Amplify will provide a machine-readable export of your Customer Data within 14 business days. Customer Data is deleted from our systems within 30 days of account termination, except where retention is required by law.

The Service may allow you to connect to Third-Party Integrations, including the LinkedIn Marketing API, Slack, and Google Workspace. Your use of any Third-Party Integration is subject to that third party's terms of service and privacy policy in addition to these Terms.

Amplify is not responsible for the availability, accuracy, or security of Third-Party Integrations. You are responsible for authorizing and maintaining connections to Third-Party Integrations from your account.

Specifically regarding LinkedIn: by enabling the LinkedIn integration, you authorize Amplify to act on your behalf to post jobs and manage organization-level social content using the scopes you explicitly grant. You represent that you have the authority to authorize such actions on behalf of your LinkedIn Company Page. You remain responsible for all content published via this integration.

You agree not to use the Service to:

• Violate any applicable law or regulation, including data protection, employment, or anti-discrimination laws.
• Upload or transmit malware, viruses, or any other harmful code.
• Attempt to gain unauthorized access to the Service, other accounts, or our infrastructure.
• Scrape, crawl, or mirror the Service or its data without express written permission.
• Use AI-generated scoring or matching results as the sole determinant of employment decisions in jurisdictions where automated decision-making is restricted without human review.
• Engage in any discriminatory hiring practices or use the Service to screen candidates based on protected characteristics.
• Impersonate any person or entity or misrepresent your affiliation.
• Sublicense, resell, or otherwise transfer your access to the Service without Amplify's prior written consent.
• Use the Service to build a competing product or service.

Amplify reserves the right to immediately suspend or terminate your account if you violate this Acceptable Use Policy, with or without prior notice.

8.1 Amplify Ownership

Amplify and its licensors own all rights, title, and interest in and to the Service, including all software, algorithms, user interfaces, documentation, and Amplify Content. Nothing in these Terms transfers any intellectual property rights to you other than the limited license expressly granted herein.

8.2 Feedback

If you provide Amplify with suggestions, feedback, or ideas regarding the Service (“Feedback”), you grant Amplify a perpetual, irrevocable, royalty-free, worldwide license to use such Feedback for any purpose without obligation to you.

8.3 Trademarks

“Amplify,” “Amplify ATS,” “Amplify IT,” and associated logos are trademarks of Amplify IT Outsourcing. You may not use our trademarks without our prior written consent.

The Service uses artificial intelligence and machine learning, including Google Vertex AI and Gemini, to provide candidate scoring, matching, and analysis features (“AI Features”).

AI outputs are advisory only. AI-generated scores, rankings, and recommendations are provided as tools to assist human decision-making in the recruitment process. They are not definitive assessments of a candidate's suitability and should not be used as the sole basis for any hiring decision.

You acknowledge that AI models may produce imperfect results and agree to apply appropriate human oversight and judgment when using AI Features, particularly in jurisdictions subject to regulations on automated decision-making (e.g., GDPR Article 22, EU AI Act).

Amplify does not use Customer Data (including candidate CVs or profiles) to train general AI models that are shared across customers or with third parties. Model improvements may use anonymized, aggregated, non-identifiable signal data only.

Each party may disclose confidential information to the other in connection with the Service. “Confidential Information” means any information designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

Each party agrees to: (a) use the other party's Confidential Information solely to exercise rights and fulfill obligations under these Terms; (b) protect Confidential Information with at least the same degree of care used for its own similar information, but no less than reasonable care; and (c) not disclose Confidential Information to any third party without the other party's prior written consent, except to employees, agents, and contractors who need to know the information and are bound by confidentiality obligations at least as protective as these Terms.

Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, independently developed, or required to be disclosed by law or court order (with reasonable advance notice to the other party).

11.1 Mutual Warranties

Each party represents that: (a) it has full authority to enter into these Terms; (b) these Terms do not conflict with any other agreement; and (c) it will comply with all applicable laws.

11.2 Amplify Warranties

Amplify warrants that: (a) the Service will perform materially in accordance with its documentation; and (b) it has implemented reasonable security measures as described in the Privacy Policy.

11.3 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS AVAILABILITY. AMPLIFY DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AMPLIFY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE FEES PAID BY YOU TO AMPLIFY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

The limitations in this section apply regardless of the form of action and to the fullest extent permitted by applicable law. Some jurisdictions do not allow certain limitations on liability; in such jurisdictions, Amplify's liability is limited to the fullest extent permitted by law.

You agree to indemnify, defend, and hold harmless Amplify and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service in violation of these Terms;
• Customer Data you submit through the Service, including any claim that Customer Data infringes, misappropriates, or violates any third-party rights;
• Your violation of any applicable law or regulation; or
• Any claim by a candidate arising from your use of AI Features or automated scoring in connection with a hiring decision.

Amplify reserves the right to assume exclusive control of the defense of any matter subject to indemnification, at your expense.

14.1 Term

These Terms commence on the date you first access or use the Service and continue until your Subscription expires or is terminated.

14.2 Termination by You

You may terminate your account at any time from your account settings or by contacting hello@amplifyit.io. Termination takes effect at the end of your current billing period unless you are terminating for our material breach.

14.3 Termination by Amplify

Amplify may terminate these Terms or suspend your access immediately: (a) if you breach any provision of these Terms and fail to cure within 10 days of written notice; (b) if payment is overdue by more than 30 days; (c) if you become insolvent or subject to bankruptcy proceedings; or (d) if required by law.

14.4 Effect of Termination

Upon termination: (a) all licenses granted to you immediately terminate; (b) you must cease all use of the Service; (c) Amplify will make Customer Data available for export for 14 days post-termination; (d) Customer Data will be deleted within 30 days thereafter. Sections 5.1, 7, 8, 10, 11.3, 12, 13, and 15 survive termination.

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. For Customers located in Brazil, mandatory provisions of Brazilian law (including LGPD and the Brazilian Civil Code) shall apply where required by law.

15.2 Informal Resolution

Before initiating formal proceedings, the parties agree to attempt to resolve any dispute informally by contacting legal@amplifyit.io with a written description of the dispute. The parties will have 30 days from receipt of such notice to attempt resolution.

15.3 Arbitration

If informal resolution fails, disputes shall be resolved by binding arbitration under the JAMS Streamlined Arbitration Rules, conducted in English in the State of Delaware. Each party shall bear its own fees and costs. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.4 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST AMPLIFY. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION.

15.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent unauthorized use or disclosure of intellectual property or Confidential Information.

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any executed Order Form or DPA, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements and understandings.

16.2 Amendments

Amplify may amend these Terms by providing 30 days' notice. Continued use after the effective date constitutes acceptance. If you do not agree, you may terminate your account before the effective date.

16.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect, and the unenforceable provision shall be modified to reflect the parties' original intent as closely as possible.

16.4 Waiver

No failure or delay by either party in exercising any right shall constitute a waiver of that right.

16.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without Amplify's prior written consent. Amplify may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

16.6 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, cyberattacks, internet infrastructure failures, or government actions.

16.7 Contact

For legal notices and questions about these Terms, contact legal@amplifyit.io.