Candidate

Employer Terms of Service

candidate.so | Effective Date: 2026-05-11 | Version 1.0

These Employer Terms of Service ("Terms") form a binding agreement between the entity identified on the account ("Employer," "you") and oryx technologies Sàrl ("oryx," "we"), a Swiss limited liability company registered at Avenue de Tivoli 19b, 1007 Lausanne, Switzerland (UID CHE-340.626.495). These Terms govern Employer's access to and use of the candidate.so service (the "Service").

THESE TERMS CONTAIN MATERIAL PROVISIONS REGARDING ANTI-DISCRIMINATION, EMAIL COMPLIANCE, AUTOMATED DECISION-MAKING TOOLS, DATA PROTECTION, AND DISPUTE RESOLUTION. THE INDIVIDUAL ACCEPTING THESE TERMS REPRESENTS THEY HAVE AUTHORITY TO BIND THE EMPLOYER.

1. The Service

candidate.so allows Employers to:

  • Run filtered searches against a database of candidate profiles. Search results return only an anonymized count of matching profiles, broken out by resume recency (updated within 1 month; 1–3 months; 3+ months). Search results do not include candidate identifiers, contact information, or resume content.
  • Compose and deliver outreach emails to candidates whose profiles match a search. Each outreach email identifies the Employer as the sender and contains a link to Employer's own application URL.
  • Receive candidate engagement only if a candidate chooses to engage with Employer's outreach (e.g., by clicking the Employer's application link or replying by email).

oryx is a technology platform. oryx is not an employment agency, recruiter, staffing firm, employer of candidates, or co-employer with Employer. oryx does not select, screen, score, rank, or recommend candidates. oryx does not make any hiring decision.

2. Account; Authorized Users

Employer is responsible for all activity on its account and for the conduct of its Authorized Users (employees, contractors, or representatives acting on Employer's behalf). Employer will ensure Authorized Users comply with these Terms. Employer must immediately notify info@oryx.so of any suspected unauthorized access.

3. Fees and Payment

Fees are described on the candidate.so pricing page or in an order form executed between Employer and oryx (an "Order"). Unless an Order states otherwise:

  • Fees are due in advance for the applicable subscription term or per message volume.
  • All fees are non-refundable except as expressly stated.
  • Fees are exclusive of taxes. Employer is responsible for applicable taxes other than oryx's net income taxes.
  • oryx may change pricing on 30 days' notice for new subscription terms. Price changes do not apply to a paid term already in progress.
  • Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

4. Outreach Messages: Employer Representations and Compliance

Each outreach email Employer sends through the Service is composed and authorized by Employer. Employer is the "sender" for purposes of the CAN-SPAM Act. Employer represents and warrants that each outreach email:

  • Is a bona fide invitation to apply to a real, open job position for which Employer is the employer (or an authorized agent of the employer that is identified in the message).
  • Identifies Employer accurately in the "From" field, subject line, and message body, and contains no false or deceptive content.
  • Complies with all applicable equal-employment-opportunity and anti-discrimination laws, including Title VII of the Civil Rights Act, the ADEA, the ADA, the Genetic Information Nondiscrimination Act, the Pregnancy Discrimination Act, applicable state and local civil-rights laws (including the California Fair Employment and Housing Act, New York State and City Human Rights Laws, Illinois Human Rights Act, and equivalents).
  • Complies with applicable salary-transparency, pay-disclosure, and notice laws (including California, New York, Washington, Colorado, Illinois, and similar laws) for roles open to candidates in those jurisdictions.
  • Does not require any candidate to pay any fee to apply, be considered, or be hired.
  • Does not promote multi-level-marketing, training-purchase schemes, unpaid positions mischaracterized as employment, or roles whose primary purpose is selling goods or services to the candidate.
  • Includes a working unsubscribe link, a physical postal address for Employer, accurate sender identification, and a non-deceptive subject line, in each case sufficient to comply with the CAN-SPAM Act.

oryx may review, edit, hold, refuse, or remove any outreach email (in whole or in part) that it reasonably believes violates these Terms, applicable law, or candidate trust. oryx has no obligation to review messages and does not warrant the quality, legality, or accuracy of any message.

SMS not currently available. The Service does not currently offer SMS outreach. Employer may not use the Service to send SMS to candidates. If SMS functionality is added in the future, separate terms governing SMS will apply, and Employer must accept those terms before using SMS functionality.

5. Anti-Discrimination: Filter Use

Employer agrees that, when configuring search filters, Employer will not seek to filter, exclude, or target candidates on the basis of race, color, ethnicity, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability, genetic information, citizenship status (except where federal law permits or requires), veteran or military status, marital or familial status, or any other characteristic protected under federal, state, or local law in the applicable jurisdiction. Employer represents that any filter Employer applies is job-related and consistent with business necessity.

oryx does not provide filters that directly target protected characteristics. Employer is responsible for the lawfulness of any combination of filters Employer applies and for any disparate impact resulting from Employer's filter choices.

6. Candidate Data; Permitted Use

Permitted Use. Where a candidate engages with Employer's outreach and provides personal information (e.g., by applying through Employer's URL or replying to an email), Employer may use that information solely to evaluate the candidate for the employment opportunity that was the subject of the outreach and for follow-on internal HR purposes related to that opportunity.

Prohibited Uses. Employer will not:

  • Use candidate data for marketing non-employment goods or services.
  • Use candidate data to enrich third-party databases, sell candidate data, or transfer candidate data to third parties for their own commercial purposes.
  • Use candidate data to train artificial-intelligence models for resale or external use.
  • Conduct background checks subject to the U.S. Fair Credit Reporting Act (FCRA) or state equivalents using data from the Service. oryx is not a consumer reporting agency, and data accessed through the Service is not a "consumer report."
  • Use candidate data in any manner that violates applicable privacy, employment, or anti-discrimination law.

Privacy compliance. Once a candidate engages with Employer and Employer receives candidate personal information, Employer becomes an independent controller (or business) and is solely responsible for: (a) providing required notices regarding Employer's processing; (b) honoring candidate rights requests directed to Employer; (c) maintaining appropriate security; and (d) deleting or anonymizing candidate data when no longer needed.

7. Automated Decision-Making and AI Tools

If Employer uses any AI, algorithmic, or automated tool to evaluate, score, rank, or screen candidates obtained through the Service, Employer is solely responsible for compliance with all applicable laws governing automated employment decision tools, including:

  • New York City Local Law 144 (bias audit, candidate notice).
  • Illinois Artificial Intelligence Video Interview Act.
  • Colorado AI Act and similar state laws.
  • Any applicable EEOC or state-AG guidance.

oryx does not provide AI tools that score or rank candidates, and oryx makes no representation about the lawfulness of any third-party AI tool Employer chooses to use.

8. Acceptable Use

Employer and its Authorized Users will not:

  • Scrape, copy, or extract candidate data in bulk.
  • Reverse engineer, decompile, or disassemble the Service or any portion of the taxonomy.
  • Use the Service to send unsolicited communications unrelated to bona fide job opportunities.
  • Share login credentials outside the Employer organization.
  • Use the Service to compete with oryx or build a competing product, including by replicating the taxonomy.
  • Impose an unreasonable load on the Service infrastructure or interfere with other Employers' use.
  • Attempt to identify candidates whose information has not been disclosed through the search-results count, including by combining filters to narrow results to a single individual.

9. Suspension and Termination

oryx may suspend or terminate Employer's access immediately if Employer (a) fails to pay fees when due and does not cure within 10 days of notice, (b) breaches Section 4, 5, 6, 7, or 8, or (c) creates a security or legal risk to the Service or other users. On termination, all access rights end, and Employer remains responsible for fees accrued through the effective date of termination. Employer's obligations regarding candidate data already received (Section 6) survive termination.

10. Confidentiality

Each party may disclose confidential information of the other in connection with the Service. The receiving party will protect that information using at least the same care it uses to protect its own confidential information (and no less than reasonable care), use it only as needed under these Terms, and not disclose it except to representatives bound by confidentiality. This obligation does not apply to information that is public, independently developed, lawfully obtained from a third party, or required to be disclosed by law.

11. Intellectual Property

oryx and its licensors retain all rights, title, and interest in the Service, including the structured taxonomy. Employer retains all rights in its outreach messages and Employer-provided content, and grants oryx a worldwide, non-exclusive, royalty-free license to host, display, transmit, and deliver Employer's outreach messages on the Service for the purpose of providing the Service. oryx may use aggregated and de-identified data derived from use of the Service for any lawful purpose, including analytics, benchmarking, and Service improvement.

12. Warranties; Disclaimers

Mutual warranties. Each party represents that it has the authority to enter into and perform these Terms and that its performance will not violate any other agreement.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HERE, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. ORYX DOES NOT WARRANT THE QUALITY, ACCURACY, RESPONSIVENESS, OR AVAILABILITY OF ANY CANDIDATE OR CANDIDATE RESPONSE. ORYX MAKES NO REPRESENTATION THAT EMPLOYER'S USE OF SEARCH FILTERS OR OUTREACH MESSAGES WILL COMPLY WITH ANY LAW APPLICABLE TO EMPLOYER; COMPLIANCE IS EMPLOYER'S RESPONSIBILITY.

13. Indemnification

By Employer. Employer will defend, indemnify, and hold harmless oryx and its affiliates from any third-party claim arising from (a) the content of Employer's outreach emails; (b) Employer's hiring decisions or process; (c) Employer's choice of search filters and any alleged disparate impact; (d) Employer's use of candidate data; (e) Employer's violation of applicable law, including the CAN-SPAM Act, FCRA, equal-employment-opportunity laws, salary-transparency laws, automated-decision-making laws, and privacy laws; or (f) Employer's breach of these Terms.

By oryx. oryx will defend Employer against any third-party claim alleging that the Service, as provided by oryx and used in accordance with these Terms, infringes a third party's intellectual-property right, and will pay damages finally awarded or settlements approved by oryx. If the Service is held or is likely to be held infringing, oryx may (i) procure the right for Employer to continue using the Service, (ii) modify the Service to be non-infringing, or (iii) terminate the affected portion of the Service and refund any prepaid unused fees. This Section states oryx's sole liability for infringement claims.

14. Limitation of Liability

Excluded damages. EXCEPT FOR EMPLOYER'S PAYMENT OBLIGATIONS, INDEMNIFICATION OBLIGATIONS, AND BREACHES OF SECTIONS 6 (CANDIDATE DATA) OR 10 (CONFIDENTIALITY), NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA.

Cap. EXCEPT FOR EMPLOYER'S PAYMENT OBLIGATIONS AND EMPLOYER'S INDEMNIFICATION OBLIGATIONS, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY EMPLOYER TO ORYX IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

15. Data Processing Addendum

To the extent oryx processes personal data on Employer's behalf in connection with the Service, the parties will enter into oryx's standard Data Processing Addendum ("DPA"), available at candidate.so/legal/dpa or on request to info@oryx.so.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, excluding conflict-of-laws principles. Disputes will be resolved by binding arbitration administered by JAMS in New York, NY under its Comprehensive Arbitration Rules. Either party may seek injunctive relief in court to protect intellectual property or confidentiality. The state and federal courts located in New York County, New York have exclusive jurisdiction for any matter not subject to arbitration.

17. Miscellaneous

  • Entire agreement: these Terms, any Order, the DPA, and policies referenced constitute the entire agreement and supersede prior agreements.
  • Order of precedence on conflict: (1) the DPA, (2) the Order, (3) these Terms, (4) the Privacy Policy.
  • Assignment: Employer may not assign without oryx's prior written consent. oryx may assign to an affiliate or successor.
  • Force majeure: neither party is liable for delays caused by events beyond reasonable control.
  • Notices to oryx: info@oryx.so.
  • Severability: if any provision is unenforceable, the remainder remains in effect.
  • No waiver: failure to enforce a provision is not a waiver.

18. Contact

oryx technologies Sàrl

Avenue de Tivoli 19b, 1007 Lausanne, Switzerland

info@oryx.so