Terms of Service — FocalVAHire

These Terms of Service ("Terms") are a legal agreement between you and FocalVA (a Quadjam Division), operated in care of Quadjam Enterprises Inc., Four Tower Bridge, 200 Barr Harbor Drive, Suite 400 West, Conshohocken, PA 19428 ("FocalVAHire," "we," "us," or "our"), governing your access to and use of the FocalVAHire website, application, and related services (collectively, the "Service"). By creating an account or otherwise using the Service, you agree to these Terms. If you're using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

1. What FocalVAHire is

FocalVAHire is a hiring platform that lets employers post jobs, screen candidates through asynchronous recorded video responses and optional live video interviews, manage a candidate pipeline, and distribute job postings to external job boards. Candidates use the Service to apply to jobs and submit video responses, resumes, and related application materials.

2. Accounts

You must provide accurate information when creating an account and keep your login credentials confidential. You're responsible for all activity that happens under your account, including actions taken by team members you invite. Tell us right away at support@focalvahire.com if you suspect unauthorized access.

3. Plans, billing, and cancellation

Paid plans (Starter, Pro, and Enterprise) are billed in advance on a recurring basis through our payment processor, Stripe. Starter and Pro plans are billed per active user seat, and your monthly charge adjusts automatically as you add or remove team members. Job and AI credit packs are one-time purchases and are non-refundable once consumed. You can cancel a subscription at any time from your account settings; cancellation takes effect at the end of the current billing period, and we don't provide prorated refunds for partial periods except where required by law. Prices are subject to change with reasonable advance notice for existing subscribers.

4. Acceptable use

You agree not to use the Service to:

Post job listings that are fraudulent, discriminatory, or that violate applicable employment law
Use candidate data collected through the Service for any purpose other than legitimate hiring
Attempt to access another employer's account or data without authorization
Reverse-engineer, scrape, or overload the Service, including via the API beyond its documented rate limits
Upload malicious code or content that infringes someone else's rights
Use the Service in a way that violates any applicable law, including data protection and equal-employment-opportunity law

5. Employer responsibilities for candidate data

As an employer using the Service, you control what happens to the candidate data you collect — you decide who on your team can see it, whether to enable optional features like the EEO survey or AI scoring, how long to retain it (via your account's retention setting), and whether to connect third-party tools (Slack, Zapier, Make.com, BambooHR, your own webhook, or the API) that receive it. You are responsible for having a lawful basis to collect and process candidate data, for complying with applicable employment and data protection law in the jurisdictions where you hire, and for your own use of any third-party integration you choose to connect. FocalVAHire acts as a data processor on your behalf with respect to candidate data you collect through the Service; you are the data controller.

6. Candidate submissions

If you're a candidate applying through the Service, you're submitting your application materials — including any video, audio, resume, or photo you provide — to the specific employer whose job you're applying to, not to FocalVAHire generally. That employer controls your data and is who you should contact with questions about how your application is used. See our Privacy Policy for more detail on how data flows through the platform.

7. Intellectual property

We own the Service and all associated software, design, and trademarks. You retain ownership of the content you upload (job postings, candidate data, branding assets, etc.) and grant us a limited license to host, process, and display it solely to provide the Service to you. On Enterprise white-label plans, your uploaded logo and brand colors are used only to render your own career page and communications.

8. Third-party integrations

The Service can connect to third-party tools you choose to configure — Gmail, Outlook, Google Calendar, Office 365 Calendar, Slack, Zapier, Make.com, BambooHR, and organic job boards like Indeed and LinkedIn. Your use of those tools is governed by their own terms, and we're not responsible for their availability, accuracy, or handling of data once it leaves our systems via a connection you configured.

9. Service availability and changes

We aim to keep the Service reliably available but don't guarantee uninterrupted access. We may modify, suspend, or discontinue features with reasonable notice where practical, and may suspend accounts that violate these Terms or pose a security risk to the Service or other users.

10. Disclaimers and limitation of liability

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOCALVAHIRE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, OR PROFITS, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

11. Termination

You may stop using the Service and delete your account at any time from Settings, subject to first canceling any active paid subscription. We may suspend or terminate your access if you materially breach these Terms. On termination, we'll handle your data as described in our Privacy Policy.

12. Governing law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law principles, and any dispute arising from these Terms or the Service will be subject to the exclusive jurisdiction of the state and federal courts located in Pennsylvania.

13. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we'll update the "Last updated" date above and, where appropriate, notify you directly. Continued use of the Service after changes take effect means you accept the updated Terms.

14. Contact

Questions about these Terms? Reach us at support@focalvahire.com or by mail at:
FocalVA (a Quadjam Division)
c/o Quadjam Enterprises Inc.
Four Tower Bridge, 200 Barr Harbor Drive, Suite 400 West
Conshohocken, PA 19428