Terms of Service
Effective Date: 3 July 2025
1. Acceptance of Terms
By creating an account, clicking “I Agree,” or using any part of the Giftem platform (the “Service”), you enter into a binding agreement with Shuvel LLC (d/b/a Giftem), 43365 Cottonwood Terrace, Ashburn, VA 20148, USA (“Giftem,” “we,” “us,” or “our”). If you are using the Service on behalf of an organization, you confirm that you have authority to bind that organization and that all references to “you” or “Customer” include that entity.
2. Description of Service
Giftem is an AI‑powered recruiting intelligence platform that enables recruiters and hiring organizations to source, analyze, and engage candidates through tools such as resume parsing, Retrieval‑Augmented Generation (RAG) scoring, voice AI, SMS outreach, and integrated workflow automations.
3. Eligibility
You must be (i) at least 18 years old and (ii) legally able to form a contract. You represent that your use complies with all applicable employment, privacy, export‑control, and anti‑discrimination laws.
4. Account Registration & Security
You agree to (a) provide accurate information, (b) maintain the confidentiality of your API keys, passwords, and access tokens, and (c) promptly notify us of any security breach.
5. Subscription Plans & Payment
The Service is provided on a month‑to‑month subscription basis unless a separate Order Form states otherwise. Invoices are issued via Stripe at the end of each contract month and are payable by credit card within thirty (30) days. Usage‑based credits (e.g. resume analyses, outbound calls) expire at the end of the term unless carried over by express agreement. Fees are exclusive of taxes.
6. License & Acceptable Use
Giftem grants you a limited, revocable, non‑exclusive, non‑transferable license to access and use the Service solely for lawful recruiting purposes. You shall not:
- reverse‑engineer or decompile source code or models;
- scrape, harvest, or resell data except as expressly permitted;
- use the Service to create or assist unlawful discrimination or automated decision‑making prohibited by law;
- upload malicious code; or
- interfere with or circumvent security features.
7. Intellectual Property
All platform software, models, documentation, and trademarks are owned by Giftem or its licensors and are protected under U.S. and international IP laws. Except for the limited license above, no rights are granted. You retain ownership of content and data you lawfully upload (“Customer Data”).
8. User Content & Candidate Data
You are solely responsible for (a) obtaining all required consents to process Candidate Data, (b) the accuracy of Customer Data, and (c) ensuring that any outreach complies with CAN‑SPAM, TCPA, and similar statutes. By uploading resumes or candidate information, you grant Giftem a worldwide, royalty‑free license to host, process, and use such data to provide the Service and to improve its models in aggregated, de‑identified form.
9. Confidentiality & Data Security
Each party shall implement reasonable administrative, physical, and technical safeguards (aligned with SOC 2 and HIPAA where applicable) to protect the other party’s Confidential Information. Giftem will notify you of any confirmed data breach without undue delay.
10. Third‑Party Services
The Service may interoperate with third‑party APIs (e.g. LinkedIn, VAPI, ElevenLabs, WorkOS). We do not control third‑party content and are not responsible for availability or compliance of such services.
11. AI Output & Disclaimers
AI‑generated insights, candidate scores, and communications are probabilistic and may contain inaccuracies. You acknowledge that such output is provided “AS IS” for informational purposes and must be reviewed by qualified recruiting professionals before reliance.
12. Compliance Commitments
Giftem strives for SOC 2 Type II compliance and supports data subject rights under the California Consumer Privacy Act (CCPA) and the EU/UK GDPR. Additional FedRAMP or HIPAA Business Associate Addendum terms may apply upon mutual agreement.
13. Termination
Either party may terminate (a) for convenience upon thirty (30) days’ written notice or (b) immediately for material breach. Upon termination, your license ends and we will delete or return Customer Data within 30 days except as required by law.
14. Warranty Disclaimer
EXCEPT AS EXPRESSLY SET OUT IN A SIGNED ORDER FORM, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON‑INFRINGEMENT).
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES. GIFEM’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
16. Indemnification
You will defend and indemnify Giftem against third‑party claims arising from (i) your breach of these Terms, (ii) Customer Data, or (iii) your recruiting decisions or employment practices.
17. Governing Law & Venue
These Terms are governed by the laws of the Commonwealth of Virginia, excluding its conflict‑of‑law rules. Any dispute shall be resolved in the state or federal courts located in Fairfax County, Virginia.
18. Changes to Terms
We may update these Terms from time to time. Material changes will be notified via email or in‑app banner at least 30 days before the effective date. Continued use after the effective date constitutes acceptance.
19. Contact
Questions? Email hiring@giftem.co or write to the address above.