Last Updated: July 6, 2025
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and StackedHR, Inc., a Delaware C Corporation ("StackedHR," "Company," "we," "us," or "our") governing your access to and use of our website, platform, mobile applications, and related services (collectively, the "Services").
By accessing or using our Services, creating an account, or clicking "I agree" or similar buttons, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Services.
You represent and warrant that: (a) you are at least 18 years old; (b) you have the legal capacity to enter into this agreement; (c) if you are acting on behalf of an organization, you have the authority to bind that organization to these Terms; and (d) your use of the Services will not violate any applicable law or regulation.
Our Services are designed for business and professional use in connection with hiring, recruitment, and employment-related activities. The Services are not intended for personal, family, or household purposes.
StackedHR provides an AI-powered platform that facilitates and orchestrates work sample and take-home assignment processes for hiring at scale. Our Services include:
For Hiring Companies (B2B Services):
- Take-home interview and work sample orchestration tools
- AI-powered candidate screening and resume analysis
- Automated generation of job descriptions, projects, and evaluation rubrics
- Candidate assessment and evaluation tools
- Integration capabilities with existing ATS and HR systems
- Analytics and reporting on hiring processes and outcomes
For Candidates (B2C Services):
- Personal candidate profiles and portfolio pages
- Work sample and assignment submission portals
- Interview scheduling and communication tools
- Performance feedback and assessment results
- Optional public portfolio visibility (opt-in)
- Potential compensation for completed work samples (future feature)
Our Services incorporate artificial intelligence and machine learning technologies to:
- Analyze and screen candidate resumes and applications
- Generate job descriptions and project requirements
- Create evaluation rubrics and assessment criteria
- Evaluate work samples and coding assignments
- Provide bias detection and mitigation tools
- Offer predictive analytics and hiring recommendations
- Personalize user experiences and recommendations
Our Services may integrate with third-party platforms and services, including but not limited to:
- Applicant Tracking Systems (ATS)
- Professional networking platforms
- Payment processing services
- Communication and collaboration tools
- Analytics and monitoring services
To access certain features of our Services, you must create an account by providing accurate, current, and complete information. You may register directly through our platform or through supported third-party authentication providers.
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized use or security breach
- Using strong passwords and enabling available security features
- Keeping your account information current and accurate
We offer different types of accounts with varying features and access levels:
- Individual Candidate Accounts: For job seekers and candidates
- Company Accounts: For hiring organizations and employers
- Administrator Accounts: For managing company-wide settings and users
- API Access Accounts: For technical integrations and custom implementations
We reserve the right to suspend or terminate your account at any time for:
- Violation of these Terms or our policies
- Fraudulent, abusive, or illegal activity
- Non-payment of fees (for paid accounts)
- Extended periods of inactivity
- Requests from law enforcement or regulatory authorities
You may use our Services only for lawful purposes and in accordance with these Terms. Permitted uses include:
- Creating and managing hiring processes and job postings
- Submitting applications and work samples as a candidate
- Communicating with other users through our platform
- Accessing and using AI-powered tools and features
- Integrating with compatible third-party services
- Generating reports and analytics on hiring activities
You agree not to use our Services to:
Illegal or Harmful Activities:
- Violate any applicable laws, regulations, or third-party rights
- Engage in fraudulent, deceptive, or misleading practices
- Harass, threaten, or discriminate against other users
- Transmit harmful, offensive, or inappropriate content
- Infringe intellectual property rights of others
Technical Violations:
- Attempt to gain unauthorized access to our systems or other users' accounts
- Use automated tools to scrape, crawl, or extract data from our Services
- Reverse engineer, decompile, or attempt to derive source code
- Introduce viruses, malware, or other harmful code
- Overload or disrupt our servers or network infrastructure
Commercial Misuse:
- Use our Services for competitive intelligence or benchmarking
- Resell, redistribute, or sublicense access to our Services
- Create derivative works based on our Services
- Use our Services to build competing products or services
- Violate any usage limits or restrictions in your service plan
Content Violations:
- Upload false, misleading, or inaccurate information
- Submit content that violates our content policies
- Share confidential information without proper authorization
- Post spam, unsolicited communications, or promotional content
- Impersonate other individuals or organizations
You retain ownership of all content you submit, upload, or create through our Services ("Your Content"), including:
- Resumes, cover letters, and application materials
- Work samples, portfolios, and assignment submissions
- Job descriptions and company information
- Communications and feedback
- Profile information and preferences
By submitting Your Content to our Services, you grant StackedHR a worldwide, non-exclusive, royalty-free, transferable license to:
- Use, reproduce, modify, and display Your Content as necessary to provide our Services
- Create derivative works for the purpose of improving our AI models and Services
- Share Your Content with relevant parties (e.g., hiring companies for candidate content)
- Aggregate and anonymize Your Content for analytics and research purposes
- Backup and store Your Content for data protection and recovery
StackedHR and our licensors own all rights, title, and interest in and to:
- The Services, including all software, technology, and infrastructure
- Our trademarks, service marks, logos, and brand elements
- Proprietary algorithms, AI models, and machine learning systems
- Documentation, training materials, and user guides
- Aggregated and anonymized data derived from use of our Services
Any feedback, suggestions, or ideas you provide about our Services become our property and may be used without compensation or attribution to improve our Services.
We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been infringed, please contact us at derek@stackedhr.ai with:
- Identification of the copyrighted work claimed to be infringed
- Location of the allegedly infringing material on our Services
- Your contact information and a statement of good faith belief
- A statement of accuracy and authorization to act on behalf of the copyright owner
- Your physical or electronic signature
Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the practices described in our Privacy Policy.
- For personal information we collect about our users, StackedHR acts as a data controller
- For customer data processed through our Services, our customers act as data controllers and StackedHR acts as a data processor
- Separate Data Processing Agreements govern our role as a data processor
By using our Services as a candidate, you understand and consent to:
- Sharing your application materials with companies you apply to
- Processing of your information by our AI systems for evaluation purposes
- Potential inclusion in aggregated, anonymized analytics and research
- Optional public visibility of portfolio information (when you opt-in)
Companies using our Services are responsible for:
- Complying with applicable employment and privacy laws
- Obtaining necessary consents from candidates
- Providing appropriate privacy notices to candidates
- Ensuring lawful use of candidate information
- Maintaining confidentiality of sensitive candidate data
Our Services are offered through various subscription plans with different features, usage limits, and pricing. Current pricing and plan details are available on our website and may be updated from time to time with appropriate notice.
- All payments are processed through our third-party payment processor, Stripe
- You authorize us to charge your designated payment method for all applicable fees
- Payment information is subject to Stripe's terms of service and privacy policy
- We do not store complete credit card information on our servers
- Subscription fees are billed in advance on a monthly or annual basis
- Usage-based fees (if applicable) are billed monthly in arrears
- Invoices are provided electronically through your account dashboard
- All fees are non-refundable except as expressly stated in these Terms
- Accounts with overdue payments may be suspended or terminated
- We may charge late fees for overdue payments as permitted by law
- Service restoration requires payment of all outstanding amounts
- We reserve the right to use collection agencies for seriously delinquent accounts
- We may modify our pricing with 30 days' advance notice
- Price changes will not affect your current billing cycle
- Continued use of our Services after price changes constitutes acceptance
- You may cancel your subscription before price changes take effect
- You are responsible for all applicable taxes, duties, and government fees
- Fees are stated exclusive of taxes unless otherwise indicated
- We may collect applicable taxes as required by law
- Tax exemption certificates must be provided before billing to qualify for exemptions
- We may introduce compensation for candidates completing work samples
- Compensation terms will be governed by separate agreements
- Payment processing will comply with applicable employment and tax laws
- Candidates may be required to provide tax information for compensation
- We strive to maintain high availability but do not guarantee uninterrupted service
- Scheduled maintenance will be announced in advance when possible
- Emergency maintenance may be performed without advance notice
- Service level agreements (SLAs) may be available for enterprise customers
- Our Services are designed to work with modern web browsers and devices
- Minimum system requirements are specified in our documentation
- We may discontinue support for outdated browsers or operating systems
- Mobile applications require compatible devices and operating system versions
- We may update, modify, or discontinue features of our Services at any time
- Material changes to core functionality will be communicated in advance
- We will use reasonable efforts to maintain backward compatibility
- Deprecated features will be supported for a reasonable transition period
- We maintain regular backups of user data for disaster recovery purposes
- Backup retention periods are specified in our Privacy Policy
- We are not responsible for data loss due to user actions or third-party failures
- Users are encouraged to maintain their own backups of critical data
- We use artificial intelligence and machine learning in various aspects of our Services
- AI systems are designed to assist, not replace, human decision-making in hiring
- We provide information about AI use in our Services and documentation
- Candidates and customers may request information about AI processing of their data
- AI recommendations and evaluations are tools to assist decision-making
- Final hiring decisions remain the responsibility of the hiring organization
- AI systems may have limitations, biases, or errors despite our best efforts
- We continuously work to improve AI fairness and accuracy but cannot guarantee perfection
- All AI-generated content and recommendations are subject to human review
- Users can request human review of AI decisions that significantly affect them
- We maintain processes for appealing or correcting AI-based evaluations
- Critical decisions always involve human judgment and oversight
- We implement measures to detect and mitigate bias in our AI systems
- Regular audits and testing are conducted to ensure fairness across protected groups
- We collaborate with external experts and researchers on AI ethics and fairness
- Users can report suspected bias or discrimination for investigation
Our Services rely on various third-party providers, including:
- Clerk: Authentication and user management
- Stripe: Payment processing
- Cloudflare: Content delivery and security
- AI Providers: OpenAI, Google, Groq, Cerebras, Anthropic
- Analytics: Vercel, Statsig
- Infrastructure: Neon (database), Resend (email), Inngest (workflows)
- Your use of integrated third-party services is subject to their respective terms and policies
- We are not responsible for the availability, performance, or practices of third-party services
- Changes to third-party services may affect the functionality of our Services
- We may replace or discontinue third-party integrations with reasonable notice
- API access is subject to rate limits and usage restrictions
- API keys and credentials must be kept secure and confidential
- Unauthorized API use may result in suspension or termination of access
- We may modify API functionality with appropriate notice and transition periods
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, STACKEDHR DISCLAIMS ALL WARRANTIES, INCLUDING:
- Merchantability and Fitness: Warranties of merchantability, fitness for a particular purpose, and non-infringement
- Accuracy and Completeness: Accuracy, completeness, or reliability of content, data, or AI recommendations
- Availability and Performance: Uninterrupted, timely, secure, or error-free operation of the Services
- Third-Party Content: Content, products, or services provided by third parties through our platform
- AI systems may produce inaccurate, incomplete, or biased results despite our best efforts
- Technology systems may experience failures, outages, or security vulnerabilities
- Data processing and analysis may contain errors or limitations
- Automated features may not perform as expected in all circumstances
- Our Services do not constitute legal, employment, or professional advice
- Hiring decisions and employment practices remain the sole responsibility of employers
- Compliance with employment laws and regulations is the responsibility of our customers
- We do not guarantee employment outcomes or hiring success for any party
- While we implement security measures, no system is completely secure from all threats
- Data transmission over the internet carries inherent risks
- We cannot guarantee the prevention of all unauthorized access or data breaches
- Users are responsible for implementing appropriate security measures on their end
TO THE FULLEST EXTENT PERMITTED BY LAW, STACKEDHR SHALL NOT BE LIABLE FOR ANY:
- Indirect Damages: Indirect, incidental, special, consequential, or punitive damages
- Business Losses: Lost profits, revenue, business opportunities, or goodwill
- Data Issues: Loss of data, corruption of files, or unauthorized access to information
- Third-Party Claims: Claims arising from third-party content, services, or actions
- Force Majeure: Damages resulting from events beyond our reasonable control
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:
- The total amount paid by you to StackedHR in the 12 months preceding the claim; or
- $1,000 USD
The limitations and exclusions in this section apply even if any limited remedy fails of its essential purpose and regardless of the legal theory on which claims are based.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by applicable law.
You agree to indemnify, defend, and hold harmless StackedHR, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:
- Your use of the Services in violation of these Terms
- Your Content or any content you submit through the Services
- Your violation of any applicable laws or third-party rights
- Your negligent or wrongful conduct in connection with the Services
- Any employment-related claims arising from your hiring practices or decisions
- We will promptly notify you of any claim subject to indemnification
- You will have the right to control the defense and settlement of such claims
- We may participate in the defense with counsel of our choice at our expense
- You may not settle any claim without our prior written consent if it affects our rights or interests
We will indemnify you against third-party claims that our Services infringe valid patents, copyrights, or trademarks, provided you:
- Promptly notify us of the claim
- Grant us control of the defense and settlement
- Provide reasonable cooperation in the defense
- Use the Services in accordance with these Terms
- You may terminate your account at any time through your account settings
- Termination does not relieve you of obligations to pay outstanding fees
- You remain responsible for all activities under your account until termination
- Certain provisions of these Terms survive termination as specified below
We may terminate or suspend your access to the Services immediately, without prior notice, for:
- Material breach of these Terms that is not cured within 30 days of notice
- Violation of our Acceptable Use Policy or other policies
- Non-payment of fees after appropriate notice and opportunity to cure
- Fraudulent, illegal, or harmful activity
- Extended periods of account inactivity (with prior notice)
- Legal or regulatory requirements
Upon termination:
- Your right to access and use the Services immediately ceases
- We may delete or anonymize your account and associated data
- Outstanding payment obligations become immediately due
- You must cease all use of our intellectual property
- Certain data may be retained as required by law or legitimate business purposes
- Account data may be retained for up to 90 days to allow for account reactivation
- Legal and compliance data may be retained for longer periods as required
- Backup copies may persist in our systems for technical reasons
- You may request expedited deletion subject to legal and technical limitations
The following provisions survive termination:
- Payment obligations for services rendered
- Intellectual property rights and licenses
- Disclaimers, limitations of liability, and indemnification
- Dispute resolution and governing law provisions
- Any other provisions that by their nature should survive
Before initiating formal dispute resolution, you agree to first contact us at legal@stackedhr.com to attempt to resolve the dispute informally. We will work in good faith to resolve disputes through direct negotiation.
Any dispute, claim, or controversy arising from or relating to these Terms or the Services that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Arbitration Terms:
- Arbitration will be conducted by a single arbitrator
- The arbitration will take place in Delaware or remotely by mutual agreement
- The arbitrator's decision will be final and binding
- Judgment on the arbitration award may be entered in any court of competent jurisdiction
YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND STACKEDHR INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The following disputes are not subject to arbitration:
- Claims for injunctive or equitable relief
- Disputes related to intellectual property rights
- Small claims court actions within jurisdictional limits
- Claims that cannot be arbitrated under applicable law
You may opt out of the arbitration requirement by sending written notice to legal@stackedhr.com within 30 days of first accepting these Terms. Opt-out notices must include your name, address, and a clear statement of your intent to opt out of arbitration.
These Terms and any disputes arising from or relating to the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
For disputes not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts located in Delaware. You waive any objection to venue or inconvenient forum in such courts.
If you are accessing our Services from outside the United States:
- These Terms still govern your use of the Services
- Local laws may provide additional rights that cannot be waived
- You are responsible for compliance with local laws and regulations
- Data processing may occur in the United States and other countries
These Terms, together with our Privacy Policy and any additional agreements you enter into with StackedHR, constitute the entire agreement between you and StackedHR regarding the Services and supersede all prior agreements and understandings.
We may modify these Terms at any time by posting the updated Terms on our website. Material changes will be communicated through:
- Email notification to your registered email address
- Prominent notice on our website and platform
- In-app notifications for significant changes
Your continued use of the Services after the effective date of any changes constitutes acceptance of the modified Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. Invalid provisions shall be modified to the minimum extent necessary to make them valid and enforceable.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of StackedHR.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms and our rights and obligations to any third party without restriction, including in connection with a merger, acquisition, or sale of assets.
We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or failures of third-party services.
The relationship between you and StackedHR is that of independent contractors. These Terms do not create any partnership, joint venture, employment, or agency relationship between the parties.
Our Services and technology may be subject to export control laws and regulations. You agree to comply with all applicable export control laws and not to export, re-export, or transfer our technology to prohibited countries, entities, or individuals.
If you are a U.S. government entity or using the Services on behalf of the U.S. government, our Services are "Commercial Items" as defined in 48 C.F.R. §2.101, and government users receive only those rights specified in these Terms.
All notices under these Terms must be in writing and delivered to:
To StackedHR:
StackedHR, Inc.
Attention: Legal Department
920 Jefferson Street
Hoboken, NJ 07030 US
Email: derek@stackedhr.ai
To You:
Notices will be sent to the email address associated with your account or as otherwise specified by you in writing.
These Terms are written in English. Any translations are provided for convenience only, and the English version shall control in case of any conflict or ambiguity.
The headings and section titles in these Terms are for convenience only and do not affect the interpretation of these Terms.
For questions about these Terms or our Services, please contact us:
All Inquiries: derek@stackedhr.ai
Mailing Address:
StackedHR, Inc.
920 Jefferson Street
Hoboken, NJ 07030 US
Effective Date: July 6, 2025
Document Version: 1.0
These Terms and Conditions are designed to provide comprehensive legal protection while enabling StackedHR's innovative AI-powered hiring platform. For specific legal advice regarding your rights or obligations, please consult with qualified legal counsel.
Acknowledgment: By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.