Terms of Service

Last updated: April 27, 2026

These Terms of Service ("Terms") form a binding agreement between Hayes Recruiting Hub LLC ("Hayes Recruiting Hub", "we", "us", "our") and the person or entity accessing the Hayes Recruiting Hub marketing site, applicant-tracking system, AI screening, and related services (collectively, the "Platform").

1. Acceptance & eligibility

By creating an account, signing an order form, clicking "agree", or otherwise accessing the Platform, you accept these Terms and our Privacy Policy. If you are using the Platform on behalf of an organization, you represent that you are at least 18 years old (21+ to apply for interstate driving positions) and that you are authorized to bind that organization to these Terms. References to "you" include both you and that organization.

2. Definitions

• Applicant — an individual who submits an application or otherwise interacts with the Platform as a candidate.
• Customer — a carrier, recruiting agency, or other organization that subscribes to the Platform.
• User — an individual authorized by a Customer to access the Platform (recruiter, client admin, client viewer, vendor).
• Customer Data — any data submitted to the Platform by or on behalf of a Customer or its Users, including Applicant data the Customer collects.
• Documentation — the user guides, security documentation, and online help published by us.

3. Accounts & roles

The Platform supports several account types — agency administrators, recruiters, client administrators and viewers, vendors, and Applicants. Permissions vary by role; you agree to access only the data and features your role authorizes. You are responsible for the activity of every User you provision and for safeguarding credentials. Multi-factor authentication is required. Notify us immediately at support@hayesrecruitinghub.com of any suspected unauthorized access.

4. Subscriptions, fees & renewals

Fees, billing frequency, and the subscription term are set in your order form, online checkout, or written agreement. Unless that document says otherwise:

• Subscriptions auto-renew for successive periods of equal length unless either party gives written notice of non-renewal at least 30 days before the end of the then-current term.
• Invoices are due net 30 days; overdue amounts accrue interest at 1.5% per month or the maximum rate permitted by law.
• Fees are exclusive of taxes; you are responsible for any sales, use, VAT, or similar taxes (excluding our income taxes).
• Except where required by law or expressly stated in your order form, fees are non-refundable.
• We may change fees on renewal with at least 60 days' notice.

5. Acceptable use

You will not, and will not permit any User or third party to:

• Use the Platform in violation of any law, including FCRA, TCPA, EEO laws, ban-the-box and fair-chance laws, DOT/FMCSA regulations, DPPA, CAN-SPAM, or state privacy and AI statutes.
• Reverse engineer, decompile, scrape, or attempt to discover the source code or structure of the Platform.
• Resell, sublicense, time-share, or use the Platform as a service bureau except as expressly permitted.
• Bulk-export Applicant data for any purpose unrelated to the recruiting relationship for which it was collected.
• Use Applicant data for advertising to consumers or for any non-employment purpose.
• Upload viruses, malware, or any code or content intended to disrupt the Platform.
• Attempt to circumvent access controls, rate limits, or security measures, or access another Customer's data.
• Misrepresent your identity or pretend to be an Applicant when soliciting consents from real candidates.

6. Customer obligations & legal compliance

The Customer is the controller of Applicant data collected through its instance of the Platform and is solely responsible for:

• Posting accurate job descriptions and complying with EEO and pay-transparency laws (including NYC, CA, CO, WA, IL, MD, NY State pay-transparency rules).
• Following the FCRA pre-adverse-action and adverse-action workflow before declining any candidate based on a consumer report (15 U.S.C. §1681b(b)(3)).
• Maintaining its own state-required disclosures (e.g., Massachusetts CORI, California ICRAA, Washington and New York State stand-alone disclosures).
• Conducting any required bias audit and providing candidate notice for automated employment-decision tools subject to NYC Local Law 144, the Colorado AI Act, Illinois HB 3773, or comparable laws.
• Honoring applicant opt-outs of marketing communications and TCPA-revocation requests.
• Using background-check reports only for the permissible purpose disclosed to the candidate.
• Providing required wage notices, I-9 verification, and onboarding documents outside the Platform.
• DOT recordkeeping under 49 CFR Parts 40, 382, and 391.

7. Applicant submissions

If you are an Applicant, you represent that the information you provide is true, accurate, and complete to the best of your knowledge. Knowingly false statements or material omissions on a driver application may be cause for disqualification or termination at any time and may violate 49 CFR §391.21(b)(11). You grant the Customer to whom you applied, its authorized recruiting agency, and their service providers a limited right to receive, store, evaluate, and act upon your information for recruiting and employment purposes, in accordance with our Privacy Policy and the consents you provided at submission.

8. Communications & TCPA compliance

Customers and Users that initiate calls, AI calls, or SMS/MMS through the Platform are the "senders" for TCPA purposes. They are responsible for obtaining and maintaining valid prior express written consent from the Applicant before sending any marketing or recruiting message using an autodialer, an artificial or prerecorded voice, or an AI-generated voice, and for honoring revocation. The Platform provides consent capture, recording, opt-out (STOP/HELP) handling, and suppression-list tooling to support compliance, but does not relieve the Customer of its TCPA, state mini-TCPA, and DNC obligations.

SMS program: Hayes Recruiting Hub Applicant Communications sends recruiting-related SMS/MMS to driver applicants who opt in on public job application pages through an optional consent choice that is not selected by default. Messages may include application confirmations, screening follow-ups, AI recruiter call follow-up, interview scheduling, and recruiter outreach for the carrier the applicant selected. Message frequency varies, typically 2–10 messages per active application. Message and data rates may apply. Reply HELP for help or STOP to unsubscribe. Mobile information, phone numbers, messaging consent records, SMS opt-in data, and text messaging originator opt-in data will not be shared with third parties or affiliates for marketing or promotional purposes.

9. AI features

The Platform's AI features (voice screening, transcription, summarization, generative drafting) produce probabilistic outputs that may contain errors. AI outputs are advisory only and must be reviewed by a human decision-maker. We do not warrant that AI features are free of bias, hallucination, or omission. AI outputs do not constitute legal, medical, employment, or financial advice. The Customer remains solely responsible for all hiring decisions and for compliance with applicable AI laws (see Section 6).

10. Intellectual property

We retain all right, title, and interest in and to the Platform, Documentation, and any improvements, derivatives, or feedback. You retain all right, title, and interest in and to Customer Data. You grant us a worldwide, non-exclusive license to host, copy, transmit, display, and process Customer Data solely to provide and improve the Platform, to enforce these Terms, and to comply with law. We may generate aggregated, de-identified analytics and benchmarks from Customer Data; we will not re-identify such data and will not share Customer-specific information without permission.

11. Customer data & privacy

Our handling of personal information is described in our Privacy Policy. For Applicant data we process on a Customer's behalf, we act as a service provider / processor and are bound by the restrictions required by CCPA/CPRA, VCDPA, CPA, CTDPA, UCPA, TDPSA, and similar laws. Customers requiring a separate Data Processing Addendum (DPA) may request one at legal@hayesrecruitinghub.com.

12. Confidentiality

Each party will protect the other's Confidential Information using the same care it uses to protect its own confidential information of like importance (and no less than a reasonable standard) and will use Confidential Information only to perform under these Terms. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was known without restriction prior to disclosure, is rightfully received from a third party without restriction, or is independently developed. Disclosure required by law is permitted with prompt notice where legally allowed.

13. Third-party services & integrations

The Platform integrates with third-party services such as ZipRecruiter, Indeed, Gmail, AI providers, and consumer-reporting agencies. Your use of those services is governed by their own terms and privacy practices. We are not responsible for, and disclaim all liability relating to, the acts or omissions of third-party services.

14. Beta features

Features designated "beta", "preview", or "experimental" are provided as-is, may be changed or discontinued at any time, and are excluded from any service-level commitment.

15. Disclaimers

EXCEPT AS EXPRESSLY STATED IN A SIGNED MASTER AGREEMENT, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE", AND WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ITS USE WILL RESULT IN ANY PARTICULAR HIRING OUTCOME.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY THE CUSTOMER TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

These limits do not apply to: (i) breaches of confidentiality, (ii) infringement of the other party's intellectual property, (iii) indemnification obligations, or (iv) liability that cannot be limited under applicable law.

17. Indemnification

By the Customer. The Customer will defend, indemnify, and hold harmless Hayes Recruiting Hub and its officers, directors, employees, and agents from any third-party claim, loss, or expense (including reasonable attorneys' fees) arising out of or relating to: (i) the Customer's or its Users' violation of law, including FCRA, TCPA, EEO, DOT, DPPA, CAN-SPAM, or state privacy and AI statutes; (ii) the Customer's use of the Platform in breach of these Terms; (iii) the content of job postings, communications, or decisions made by the Customer; or (iv) the Customer's failure to obtain required consents.

By Hayes Recruiting Hub. We will defend, indemnify, and hold harmless the Customer from any third-party claim that the Platform, as provided by us and used in accordance with these Terms, infringes a U.S. patent, copyright, or trademark or misappropriates a trade secret. We may at our option modify the Platform, procure rights, or terminate the affected feature and refund prepaid unused fees.

18. Term, suspension & termination

• These Terms remain in effect during the subscription term and any renewals.
• Either party may terminate for the other's material breach not cured within 30 days of written notice.
• We may suspend access immediately for non-payment beyond 15 days, for a security threat, or for use that violates Section 5.
• On termination, the Customer may export its data for 30 days; thereafter we may delete it, subject to legal-retention obligations.
• Sections that by their nature should survive termination (including IP, confidentiality, indemnification, liability limits, and arbitration) will survive.

19. Force majeure

Neither party will be liable for delays or failures to perform (other than payment obligations) caused by events beyond reasonable control, including acts of God, war, terrorism, cyber-attacks, government action, labor disputes, or failures of public utilities or the internet.

20. Disputes, arbitration & class waiver

Informal resolution. Before filing a formal dispute, the parties will try in good faith to resolve any claim by emailing legal@hayesrecruitinghub.com and conferring for 30 days.

Binding arbitration. If the dispute is not resolved, any controversy or claim arising out of or relating to these Terms or the Platform will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by a single arbitrator, seated in Dallas County, Texas. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. The parties waive any right to bring or participate in a class, collective, or representative action. If this waiver is found unenforceable, the entire arbitration agreement is void as to that claim, and the claim must proceed in court.

30-day opt-out. You may opt out of this arbitration agreement by emailing legal@hayesrecruitinghub.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Opting out has no effect on any other term.

Applicant carve-out. Nothing in this section prevents an Applicant from bringing an individual action in small-claims court, from filing a charge with a government agency (including the EEOC, FTC, FCC, FMCSA, NLRB, or a state attorney general), or from exercising any non-waivable statutory consumer right.

Equitable relief. Either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

Governing law & venue. These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. For any matter not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Dallas County, Texas.

21. Notices

Notices to us must be sent to legal@hayesrecruitinghub.com with a copy by mail to Hayes Recruiting Hub LLC, Attn: Legal, [Street address], [City], TX [ZIP]. Notices to you may be sent to the email address on your account or posted in the Platform; notices are deemed received on delivery.

22. General

• Assignment. Neither party may assign these Terms without the other's consent, except in connection with a merger, acquisition, financing, or sale of substantially all assets.
• No waiver. Failure to enforce a right is not a waiver of that right.
• Severability. If any provision is unenforceable, the remainder remains in effect.
• Independent contractors. The parties are independent contractors; no agency, partnership, or joint venture is created.
• Entire agreement. These Terms, the Privacy Policy, and any signed order form or master agreement constitute the entire agreement between the parties and supersede prior agreements on the subject matter. A signed master agreement controls over these online Terms in case of conflict.
• Export & sanctions. You will comply with U.S. export-control and sanctions laws and will not access the Platform from an embargoed country or as a sanctioned person.
• U.S. government users. The Platform is "commercial computer software" provided with restricted rights as defined in FAR 12.212 / DFARS 227.7202.

23. Changes

We may update these Terms. Material changes will be communicated by email or in-app notice at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.

24. Contact

Hayes Recruiting Hub LLC
Attn: Legal
[Street address], [City], TX [ZIP]
Legal: legal@hayesrecruitinghub.com
Support: support@hayesrecruitinghub.com

This document is a comprehensive starting draft prepared from current federal and state law as of the "last updated" date above. It is not a substitute for legal advice. If you are an enterprise customer, your signed master agreement controls over this online version. Please have qualified counsel review and confirm jurisdiction-specific edits and the corporate / registered-agent address placeholders before launch.