Crelate Additional Product Terms
Last updated: June 20, 2025
THESE CRELATE ADDITIONAL PRODUCT TERMS (“ADDITIONAL PRODUCT TERMS”) DESCRIBE THE SPECIFIC TERMS, responsibilities, and conditions THAT APPLY TO CERTAIN CRELATE SERVICES OR FEATURES OFFERED BY CRELATE AND REFERENCED HEREIN (EACH, AN “ADDITIONAL PRODUCT”). BY accessing, USING, and/or subscribing to AN ADDITIONAL PRODUCT, YOU hereby AGREE THAT THE APPLICABLE ADDITIONAL PRODUCT TERMS GOVEataRN YOUR USE OF THAT ADDITIONAL PRODUCT. THESE ADDITIONAL PRODUCT TERMS ARE INCORPORATED INTO, AND FORM A PART OF, THE CRELATE TERMS OF SERVICE OR CRELATE MASTER SAAS SUBSCRIPTION AGREEMENT (AS APPLICABLE, THE “AGREEMENT”) BETWEEN CRELATE, INc. (“Crelate”) AND THE PERSON, ESIGNATURE USER, OR ENTITY THAT ENTERED INTO THE AGREEMENT OR THAT IS ACCESSING ANY CRELATE SERVICES (“CLIENT” OR “YOU(R)”) WITH CRELATE.
A violation of these Additional Product Terms is a violation of the Agreement. In the event of a conflict with the Agreement and the Additional Product Terms, the Applicable Product Terms will control to the extent of the conflict. Capitalized terms not defined herein have the meaning given to them in the Agreement.
Continued use of any Additional Product is subject to agreeing to the Additional Product Terms that are published to www.crelate.com as of the use. If you do not agree with the Additional Product Terms, you should stop using the additional product or service.
Marketplace Partners
- Crelate may offer the option to purchase Additional Products and services from a range of third parties (our “Marketplace Partners”). Marketplace Partners provide products, and services related to or integrated with Crelate Services (“Partner Offerings”). Partner Offerings are made available “AS IS” and in any scenario, Crelate is not responsible for, assumes no liability for, and makes no warranties for the performance, efficiency, availability, or support of Partner Offerings.
- Client may connect, import, and export Client Content between the Services and certain Partner Offerings through supported integrations. In order for the Services to communicate with such Partner Offering, Client may be required to input credentials, or keys, in order for the Services to access and receive relevant information from such Partner Offering. By enabling use of the Services with any Partner Offering, Client authorizes Crelate to access Client’s accounts with such Third-Party Platform for the purposes described in this Agreement. Client is solely responsible for complying with any relevant terms and conditions of the Partner Offerings and maintaining appropriate accounts in good standing with the providers of the Partner Offerings. Client acknowledges and agrees that Crelate has no responsibility or liability for any Partner Offerings, including, without limitation, any beta releases or pre-release features of a Partner Offering, or how a Partner Offering uses or processes Client Content after it is exported to such Partner Offering. Crelate does not guarantee that the Services will maintain integrations with any Partner Offering, and Crelate may disable integrations of the Services with any Partner Offering at any time with or without notice to Client. For clarity, this Agreement governs Client’s use of and access to the Services, even if accessed through an integration with a Partner Offering.
- Partners Terms of Service. Client represents and warrants that Client has agreed to the terms of service associated with any Partner Offering and has created, or has authorized Crelate to create on Client’s behalf, a Partner Offering account in accordance with such terms and conditions, which govern Client’s use of such Partner Offering account. Crelate will have no liability for Partner Offerings, and the Marketplace Partner is solely responsible for the Partner Offering, its support, functionality, clients, and APIs.
- Availability. The inclusion in the Crelate Marketplace is provided to Marketplace Partners at Crelate’s sole discretion. Certain relationships are based on the mutual willingness Crelate and Marketplace Partners. Crelate is under no obligation to maintain, contract with, support, or make available any Marketplace Partner or Partner Offering. Crelate makes no guarantees or warranties as to the availability or suitability of any Marketplace Partner or Partner Offering.
- Limits. Crelate, in its sole discretion, reserves the right to throttle, limit, or otherwise control access to Clients Content by Marketplace Partners.
AI and Crelate Co-Pilot
Crelate offers a range of different Artifical Intelligence (“AI”) and Machine Learning (“ML”) features/capabilities to Clients that are powered by large language models (LLM) provided by third party companies (“External LLM Provider”) and/or other smaller models and/or Crelate’s proprietary machine learning technology, Agents, and/or Assistants (collectively “AI Products”). Use of AI Products is governed by the AI Product Terms below. Crelate reserves the right to update the list of AI Products from time to time.
Crelate AI Products
- Crelate Co-Pilot and other Assistants are a technology that blends AI and non-AI technologies to empower recruiting, business development, and data cleanup and organization process throughout the Services.
- Crelate Agents are a technology that enables conversation user experiences, and semi or fully automated actions to be taken within the system at the prompting, request, or configuration of a Client.
AI and Agentic Product Terms
- Agents and Assistants. Clients may elect to store, transmit, enter, and otherwise process Personal Data of its People and Client Content (including that of Data Subjects), using AI Products. Use of AI Products does not guarantee compliance with any applicable laws, including data privacy laws, and laws applicable to artificial intelligence, machine-learning and algorithms and Client is solely responsible for its compliance with all applicable laws including, without limitation laws applicable to artificial intelligence and automated decision-making, in relation to its use of AI Products. Clients agrees to notify and obtain any consents legally required from People, whose Personal Data is accessed, used, stored or otherwise processed through AI Products. Client is also responsible for obtaining any rights from copyright holders in connection with its use of any copyrighted materials used in, or processed by, AI Products.
- AI and ML. Client acknowledges that AI Products may include one or more features that involve machine-learning and algorithms, automated processing and/or artificial intelligence. By enabling any AI Product, Client acknowledges that Crelate may access, use, analyze and otherwise process (i) Client Content, and (ii) Clients and People’s use of AI Products, for the purpose of developing, testing and improving AI Products and other similar products and services of Crelate. Such developments, findings and improvements shall be the sole property of Crelate.Client acknowledges that Crelate has not and will not render any legal opinions regarding Client’s use of AI Products, including, but not limited to, compliance with any applicable laws, and Client shall base its processes, guidelines, and decisions on its own policies, procedures, legal advice and independent decisions. Any professional services, consultation, training, information and forms provided by Crelate are provided for informational purposes only in relation to use of Search & Match, and not for the purpose of providing legal advice. IN NO EVENT WILL CRELATE BE LIABLE TO CLIENT OR ANY OTHER PARTY FOR THE RESULTS OF ANY DECISIONS, RECOMMENDATIONS OR OUTPUT PROVIDED BY AI PRODUCTS, OR FOR THE ACTIONS, DECISIONS OR RECOMMENDATIONS OF THE CLIENT OR ITS AUTHORIZED USERS. CLIENT ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER AI PRODUCTS OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR THE CLIENT’S PURPOSES.
- Processing by External LLM Providers. Crelate and the External LLM Provider acts as a sub-processor of personal data submitted to the AI Product, including Client Content that may be contained in Inputs (defined below) or other processed data. All Personal Data processing activities will be governed by the DPA in place between Crelate and Client.
- Availability. No service level agreement with Crelate applies to an AI Product.
- Inputs. Any Client Content submitted to an AI Product by Client, its Authorized Users and/or People, including, but not limited to, record data, documents, and queries (including any Personal Data contained therein) (“Inputs”) and Client will only provide and/or instruct Crelate to use Input and Output (defined below) for AI Products where the Client is authorized to provide such content to Crelate for the purposes set out in the Agreement.
- Actions. Agents can be configured to work autonomously for the benefit of Clients and People. Client acknowledges that AI Products are based on emerging technologies and that there is inherent risk associated with the use of AI Products. Crelate is not responsible for any automated actions, including data modification, performed by or as a result of Client’s use of AI Products.
- Outputs. AI Products produce and generate results (“Outputs”) at the request of Clients via Inputs. Client will only provide and/or instruct Crelate to use Input for AI Products where the Client is authorized to provide such content to Crelate for the purposes set out in the Agreement. Client understands and acknowledges that:a. Third parties may submit information or materials to an AI Product that generates results that are identical or very similar Outputs (“Third-Party Outputs”), and Customer acknowledges it has no right, title or interest in or to any Third-Party Outputs.b. Output may contain material inaccuracies and may not reflect correct, current or complete information. Client and its Authorized Users will not rely, or encourage others to rely, on any Output without independently evaluating its accuracy and appropriateness of use, including, without limitation, by using human review. Crelate makes no representations or warranties and provides no indemnities with respect to Output. The AI Products and Output are not intended to substitute for the services of properly trained and licensed individuals.
c. Output may be stored, analyzed and evaluated by AI Products and Services, including External LLM Providers, for the purposes of providing for and improving AI Products.
Client shall be solely responsible for reviewing and evaluating the Output, all decisions, including any HR or employment decisions, made with reference to, or based on the use of, the Output, and shall use the Output solely in connection with the permitted use of AI Agents. - Transparency. Client will ensure that when applicable:
a. People are informed that they are interacting with an AI Product
b. Output is clearly marked as artificially generated or manipulated and
c. Output is not falsely represented as being human generated. - Rights to Use. Client permits External LLM Provider to use Input and Output or other Client Content submitted to an AI Product as necessary to provide the AI Product, comply with applicable laws, and enforce its respective policies. Crelate either privately hosts the LLM or contractually restricts External LLM Providers from using Customer Data for training or otherwise improving External LLM Provider’s services
- Restrictions on Use. In addition to any general obligations and restrictions pertaining to Client’s use of Services under the Agreement, Client represents and warrants that:a. Client will not, nor permit others to, use the AI Products or any Outputs in violation of Crelate’s Acceptable Use Policy (“AUP”) nor any third-party terms, policies or other agreements applicable to your use of the AI Products (as set out below and incorporated herein) as may be updated from time to time:
Meta Llama 3 License – https://llama.meta.com/llama3/license
Meta Llama 3 Acceptable Use Policy – https://llama.meta.com/llama3/use-policy
b. Client will not, nor permit others, to:
i. Use an AI Product to develop any models that compete with Crelate or External LLM Provider.
ii. Use any method to extract data, or infer information, from an AI Product or otherwise attempt to discover underlying components of the AI Product, except to the extent such restrictions are contrary to applicable law (e.g., underlying components of models (for example weights), algorithms, systems).
iii. Modify the intended use of an AI Product in a way that violates the AUP.
c. Client will be fully responsible for use of an AI Product (including all Inputs submitted) by any Authorized User and Person as if performed by Client.
d. Client will not modify the intended purpose of an AI Product, including in such a way that the AI Product could be classified as sensitive, high-risk or prohibited under any applicable AI legislation.
- Usage Limits and Pricing. By using an AI Product, Client agrees to the pricing specified in the Purchase Form. Certain AI Products are offered on a tiered usage basis. If Client’s usage exceeds the limits of their current tier, Crelate reserves the right to automatically upgrade Client to the appropriate higher usage tier. In such cases, Crelate will issue a pro rata invoice for the increased fees applicable to the higher tier for the remainder of the then-current contract term.Crelate may monitor and limit or suspend Client’s usage of an AI Product if Crelate believes Client’s usage may bypass or circumvent any rate limits (if applicable); negatively affect the security, performance, integrity or commercial viability of any Services; violate the Agreement, the AUP, third party terms and policies or otherwise imposes liability on Crelate.
- Purpose. Crelate’s AI Products are designed to support Authorized User’s daily activity and use of Services through useful suggestions, recommendations, and automation of repetitive or marginal tasks and other Skills that may be made available from time to time. Crelate’s AI Products do not automate HR or hiring decisions. Crelate’s AI Products not designed or intended to replace recruiters, hiring managers, or to in any way make decisions that could legally or significantly affect People, including but not limited to decisions related to financial or sending services, credit, housing, insurance, education enrollment or opportunity, criminal justice, employment or independent contracting opportunities, compensation, or healthcare.
Insights, Discovery Agent and Enrichment Assistant
- Crelate offers a range of external data made available via Agents and Assistant, as well as the Contact Data Enrichment Service (together “Data Discovery Services”) to help Clients find additional information (including contact data) about People and businesses. By choosing to use any Data Discovery Service, you agree to the additional terms for any data, including personal data regarding a natural person, consisting of a minimum of a person’s name and company affiliation (“Licensed Contact Data”), made available by this Data Discovery Service (together “Licensed Data”), made available to Client as part of any of the Services (together “Data”).
- Permitted Use. Client shall comply with the Crelate Acceptable Use Policy and these Additional Product Terms (together “Acceptable Data Use Policy”) at all times. Client may not use, resell, authorize or permit anyone to use, license, or make available Licensed Contact Data or Licenses Data they obtain from the Services, for any purposes prohibited in the Acceptable Data Use Policy or the Agreement. Violations of the Acceptable Data Use Policy will constitute a material breach of the Agreement.
- Non-Permitted Use. Client may not build products from the Data that resemble or compete with Crelate Services. (for example: Client may not provide programmatic access to the Data in any way that would allow access to any substantial set of the Data features or a material portion of the Data.). Violation of this section will be a material breach remedied pursuant to of the Agreement.
- Availability. Information provided as part of any Data may be updated on an ongoing basis. Client understands and acknowledges that the contents of Data will change over time as the Data is updated, and that at any given time it has a right to access and use the data to which it is subscribed as it exists at that time. Certain portions of the Data may be provided by Crelate’s third party licensors, and Crelate’s ability to provide such Data may be subject to the willingness of such licensors to continue to contract with Crelate. The exact amount of Data available may change over time, Crelate makes no representations as to the amount or quality of any Data. Features and functions of the Crelate Services including any access to Data are provided “as is” and as they may be modified, supplemented, or removed from time to time in Crelate’s sole discretion. Crelate shall have no liability to Client or any third party for any modification to any Service, provided that the product or service provided reasonably conforms to the description in the Ordering Document.
- Accuracy. Crelate makes no warranty as to the suitability, relevance, or accuracy of any Data. EXCEPT FOR ANY EXPRESS REPRESENTATIONS AND WARRANTIES STATED HEREIN, THE DATA, AND ANY OTHER SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND NEITHER PARTY MAKES ANY ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER AND EACH PARTY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. NEITHER PARTY WILL HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF THE OTHER PARTY TO ANY THIRD PARTY.
- Liquidated Damages. Client acknowledges that the Licensed Data Contacts are for its own use only, and that the disclosure to a third party of Licensed Data Contacts, or the use of Licensed Data Contacts outside the terms for the Agreement, Additional Product Terms, or other Crelate policies for the benefit of or on behalf of any third party (a “Disallowed Use”), will cause damage to Crelate in an amount that is difficult to quantify. In order to avoid the time and expense of quantifying damages, if Client, negligently or intentionally, discloses Licensed Data Contacts to a third party, permits a third party to access any Licensed Data Contact records through use of login credentials to Crelate Services issued to any Authorized User, or uses Licensed Materials Contacts for the benefit of or on behalf of any third party, then Crelate shall be entitled to damages from Client in the liquidated amount equal to $2.00 per Licensed Data Contact record that is so disclosed, used, or made available per third party recipient or beneficiary, as applicable.
- Acceptable Data Use. Client agrees and warrants that they will not use Data for any of the following prohibited uses or activities:
a. To encourage, enable or participate in any illegal, fraudulent, abusive, or similar activities.
b. To promote or advertise guns, ammunition, or weapons, adult content or services (such as pornography), credit repair services, payday loan services, tobacco or marijuana products except with prior signed authorization from Crelate.
c. Any one political candidate, political party, political campaign, or advocacy group affiliated exclusively with a political candidate, party, or campaign.
d. To “re-identify” pseudonymous information (such as a cookie identifier) by merging it with personally identifiable information (such as an email address).
e. For any purpose prohibited by applicable data privacy and security laws, including the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”), the California Consumer Privacy Act or any similar state or national laws.
f. In connection with credit granting, credit monitoring, account review, debt collection, eligibility for credit, or insurance to be used primarily for personal, family or household purposes or in connection with assessing risks associated with existing credit obligations. Or in connection to insurance underwriting, renting of real property, or for the purpose of evaluating someone for promotion, reassignment, retention. Or in connection with the determination of a persons eligibility for license or other benefit that depends on an applicant’s financial responsibility or status. Or in connection with the evaluation of potential investor or services, for the valuation of or assessment of credit or prepayment risks associated with an existing credit obligation. Or in connection with any information, service or product sold or delivered to a “Customer” (as the term is defined in the FCRA) that constitutes or is derived in substantial part from a Customer Report. Or for any other purpose covered by the Fair Credit Reporting Act (15 U.S.C. Sec 1681 et seq (“FCRA”)), Federal Trade Commission interpretations of the FCRA, and similar federal and state statutes.
i. In the preparation of a Consumer Report or in a manner that may cause such Data to be characterized as a Consumer Report under the FCRA.
ii. Take any “Adverse Action” (as that term is defined in the FCRA), which is based in whole or in part on Crelate Services or Data, against any People.
g. For any form of debt collection or similar activity.
h. Directly as the sole source of data for hard background check purposes.
i. For a government benefit, or service.
j. For any evidentiary purpose related to law enforcement or criminal prosecution.
k. For any government defense or military intelligence purpose.
l. For all Government customers, no government agency buying, selling or repurposing Data to government customers may use the Data for any eligibility decision pertaining but not limited to assistance to natural persons for housing, food, energy, health care, licensure, education, medical costs or any other form of government assistance or benefit.
Posting to Job Boards
- Crelate provides direct posting to both free and paid job boards as well as job board aggregators and programmatic job marketing platforms (collectively “Third-Party Boards”); provided, however, Crelate agrees that it will not post any of your job listings, postings or other data or Client Content on any Third-Party Board without you requesting such postings by using the posting features of the system. Crelate makes no warranties, guarantees related to Third Party Boards. In addition, any purchases made through Crelate for paid job boards are final and non-refundable. By using the Service to post Client Content, including job openings, job descriptions, etc., you agree that the Client Content will meet both this Agreement, and the terms of and other rules or guidelines required by the Third-Party Board. You also agree to be bound in all respects to the terms of service, acceptable use, and conditions of the applicable Third-Party Boards (“Third Party Board Terms”) and to indemnify and hold harmless Crelate for any violation of Third-Party Board Terms that you may have performed using the Crelate Service.
- To enhance the level of integration between Crelate and Third-Party Boards, and to potential Third-Party Board benefits or capabilities, Client may enable additional Third-Party Board features that send certain usage, candidate / applicant disposition, interview and/or hiring status, and other relevant as described in Third Party Board Terms (together “Client Additional Content”) from Crelate to the Third-Party Board. In these situations, Crelate processing the Client Additional Content at the request of the Client, who is the controller of the Client Additional Content.
- Client agrees that Client Additional Content is subject to any relevant Third-Party Board Terms.
- Client warrants and represents that it has the full right and authority to provide the authorization hereunder and that Crelate and the Third-Party Board does not need the consent or permission of any other party for the sharing, transfer and use of Client Additional Content as specified in this this Agreement and any relevant Third Party Board Terms.
Text Messaging
- Crelate offers Text Messaging and Telephony capabilities via integration partners (“Texting Integration Partners”). Texting Integration Partners require that you also abide by various terms and conditions of the telecommunication carries such as Verizon, T-Mobile, AT&T and others (together “Telecommunication Carriers”). By choosing to use this feature you agree to the additional acceptable data use for any data, text or attachment sent or received by this service (“Client Texting Content”), you agree that the Client Texting Content will comply with both Crelate Terms for Client Content and any terms of use, acceptable use, or other policy, rule, or guideline required by the Texting Integration Partners or any downstream telecommunication carriers. You also agree to be bound in all respects to the terms and conditions of Texting Integration Partners and Telecommunication Carriers and will indemnify and hold harmless Crelate for any violation or fee resulting from your usage, misuses, or lack of usage of a Texting Integration Partner and Telecommunication Carriers service.Specifically, you agree that your Client Texting Content will not violate any rules prohibited by Telecommunication Carriers, including but not limited to:
Content Related
a. Promotional messages on toll-free numbers;
b. Phishing messages that appear to come from reputable companies but in fact trick consumers into revealing personal information;
c. Fraud or scam messages that involve wrongful or criminal deception intended to result in financial or personal gain;
d. Deceptive marketing messages that do not meet the standard held by the Federal Trade Commission’s (FTC) Truth In Advertising rules
e.A.F.T. (sex, hate, alcohol, firearms, and tobacco) content, including sensitive content such as:
i. Betting-related content — game bet, lucky draw, etc.
ii. Debt restructuring/refinancing offers
iii. Debt relief offers
iv. Payday loan offers
v. Home loan offers
vi. Education loan offers
vii. Insurance quotes (unsolicited)
viii. Earn money from home job offers
Usage Related
a. Ignoring opt-out or unsubscribe requests;
b. Spreading messages across multiple numbers, URL cycling or any other technique designed to evade or circumvent any reputation, anti-fraud or anti-spam systems.
- Fees and Penalties. Telecommunication Carriers impose a variety of surcharges, fees and penalties for the use and misuse of their services. You are responsible for all fees, penalties, or surcharges imposed by the Telecommunication Carrier. Fee and penalties rules change frequently, and Crelate will in its sole discretion, make a reasonable effort to communicate those changes to you.
- 10DLC. Finally, depending on their requirements, you may be required to register with Telecommunication Carriers via the 10DLC program. This program is subject to change, without notice and at the discretion of the Telecommunication Carriers. You are responsible for compliance requirements, fees, and maintenance of your 10DLC program registration, vetting, and maintenance.
API Access and Usage
- Crelate provides an Application Programming Interface (“API”) that allows Client and Authorized Users to access and interact with Services programmatically. By using our API, you agree to these API Terms of Service in addition to our general Terms of Service.
- API License. Subject to your compliance with the Agreement and these API Terms of Service, Crelate grants you a limited, non-exclusive, non-transferable, revocable license to access and use the API solely for your internal business purposes in connection with your use of Services. You may not sublicense the API to any third party without Crelate’s prior written consent.
- API Rate Limits and Quotas. Crelate may set and enforce limits on your use of the API (e.g., limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations. If you would like to increase your rate limit or quota, please contact Crelate to discuss a custom plan.
- API Security. You will use commercially reasonable administrative, technical, and physical safeguards to protect access to, and usage of the API. In addition:
a. You will keep all API credentials (such as API keys, client IDs, and client secrets) confidential and secure.
b. You will not share your API credentials with any third party without our prior written consent.
c. You are responsible for all activities that occur using your API credentials.
d. You will immediately notify Crelate of any unauthorized use of your API credentials or any other breach of security.
- Prohibited API Uses. You shall not use the API to:
a. Perform, or attempt to perform, any action that violates the Crelate Acceptable Use Policy;
b. Develop a competing product or service;
c. Resell, or sublicense Services;
d. Perform excessive or abusive usage that may degrade the performance of our services;
e. Scrape, harvest, or extract data from Crelate services beyond what is necessary for your legitimate business purposes;
f. Transmit any viruses, malware, or other harmful code;
g. Violate any applicable laws and/or regulations, including applicable data privacy laws or regulations;
h. Infringe upon the rights of any third party;
i. Forging headers or otherwise manipulating identifiers to disguise the origin of any API request;
j. Circumvent any rate-limiting, billing, or security measures implemented by Crelate.
- API Modifications and Deprecation.
a. Crelate reserves the right to modify, update, or discontinue the API or any features thereof at any time.
b. For material changes to the API, Crelate will make commercially reasonable efforts to provide notice through our developer documentation, email, or other appropriate channels.
c. Crelate will use reasonable efforts to continue supporting deprecated versions of the API for at least 120 days after deprecation but may discontinue such access and support earlier if required for security or operational reasons.
- API Monitoring and Analytics. Crelate may monitor your use of the API for compliance with these terms, and to improve our services. You agree that Crelate may collect certain usage data in connection with your use of the API.
- API Support and Documentation. The Crelate API is provided “AS IS”. Use of the API requires software development knowledge and experience.
a. The API is provided outside the scope of Crelate’s standard support services. Standard support plans do not include support for API integration, custom development, or troubleshooting of API-related issues.
b. Crelate provides API documentation for self-service implementation. While we strive to keep documentation accurate and up-to-date, you are responsible for testing and validating your API implementations.
c. If you require assistance with API integration or development, Crelate may offer Professional Services or premium support options at additional cost. Please contact Crelate for details about these services.
d. Crelate is not responsible for any custom code, integrations, or applications you develop using our API. You assume all risks, AND COSTS, associated with your API usage and implementations.
- Termination of API Access. Crelate, in its sole discretion, reserves the right to suspend, limit, throttle, or terminate your access to the API at any time, with or without cause, and with or without notice. Upon termination, you must cease all use of the API and delete any cached or stored content obtained through the API.
Email Campaigns and Bulk Email
- Crelate offers Email Campaign via integration partners and other email capabilities via connections to Client provided email service providers (together “External Email Providers”). External Email Providers require that you also abide by various terms and conditions of email service providers and applicable laws governing commercial email communications. By choosing to use this feature you agree to the additional acceptable data use for any data, text, or attachment sent or received by this service (“Client Email Content”), you agree that the Client Email Content will comply with both Crelate Terms for Client Content and any terms of use, acceptable use, or other policy, rule, or guideline required by the External Email Providers or any downstream email service providers. You also agree to be bound in all respects to the terms and conditions of External Email Providers and will indemnify and hold harmless Crelate for any violation or fee resulting from your usage, misuses, or lack of usage of an Email Integration Partner service.
- Specifically, you agree that your Client Email Content will not violate any rules prohibited by External Email Providers or applicable laws, including but not limited to:
Content Related
a. Unsolicited commercial emails (spam);
b. Phishing messages that appear to come from reputable companies but in fact trick recipients into revealing personal information;
c. Fraud or scam messages that involve wrongful or criminal deception intended to result in financial or personal gain;
d. Deceptive marketing messages that do not meet the standard held by the Federal Trade Commission’s (FTC) Truth In Advertising rules;
e. Messages containing sensitive content such as:
i. Betting-related content — game bet, lucky draw, etc.
ii. Debt restructuring/refinancing offers
iii. Debt relief offers
iv. Payday loan offers
v. Home loan offers
vi. Education loan offers
vii. Insurance quotes (unsolicited)
viii. Earn money from home job offers
f. Content that violates the CAN-SPAM Act, GDPR, CCPA, or other applicable privacy and email marketing laws.
Usage Related
a. Ignoring opt-out or unsubscribe requests;
b. Failing to include a valid physical postal address in commercial emails;
c. Failing to include a clear and conspicuous unsubscribe mechanism;
d. Using misleading subject lines or “from” addresses;
e. Spreading messages across designed to evade or circumvent any reputation, anti-fraud or anti-spam systems;
f. Sending to purchased, rented, or harvested email lists without proper consent;
g. Sending to email addresses obtained through automated means or web scraping.
- External Email Providers may impose a variety of surcharges, fees and penalties for the use and misuse of their services. You are responsible for all fees, penalties, or surcharges imposed by the External Email Providers. Fee and penalties rules change frequently, and Crelate will, in its sole discretion, make a reasonable effort to communicate those changes to you.
- You are responsible for maintaining proper email list hygiene, including but not limited to removing bounced emails, honoring unsubscribe requests promptly, and ensuring you have proper consent to email recipients. You must maintain records of consent for all recipients on your email lists.
- You acknowledge that poor email practices can negatively impact deliverability rates, sender reputation, and may result in blacklisting. Crelate reserves the right to suspend or terminate your access to Email Campaign features if your usage violates these terms or negatively impacts the service for other users.
Crelate Hire and Onboarding Services
- Crelate provides HR and other onboarding capabilities (“Crelate Hire”) to enable Clients to onboard People to jobs, placements, and similar employment readiness. Client’s use of Crelate Hire is subject to acceptance and agreement to these additional terms.
- Acceptable Use.
a. Crelate Hire is only available for use within the United States. No submission of Client Data from a Data Subject located outside of the United States to the Crelate Hire is permitted. Any use of Crelate Hire outside of the United States is subject to Crelate’s express written permission.
b. Restrictions on Health Information
i. Prohibition on Health Data: Clients represent and warrant that they will not submit any applicant or candidate health information, including
Protected Health Information (PHI) as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing
regulations, as amended by the Health Information Technology for Economic and Clinical Health Act, into Crelate Hire.
ii. Non-HIPAA Entity Status: Clients confirm they are neither a “Covered Entity” nor a “Business Associate” as defined under HIPAA regulations.
c. Management of Personal and Financial Information
i. Authorized User Submission: Any individually identifiable health information submitted to Crelate Hire must be entered solely and directly by the client’s authorized users.
ii. Security Responsibility: Clients are solely responsible and liable for maintaining the security and confidentiality of their content within Crelate Hire.
iii. Compliance with Disclosure Laws: Prior to submitting or permitting the submission of any non-public personal or financial information to Crelate
Hire, clients must comply with all applicable laws governing the disclosure of such information. This includes providing necessary notices or
obtaining consents from users or third parties to authorize the sharing of their information.
d. Crelate’s Role and Compliance Limitations
i. Reliance on Client Representations: Crelate relies on the client’s representations and warranties regarding compliance with these terms in providing Crelate Hire.
ii. Non-Applicability of Certain Standards: Other than laws and regulations applicable to Crelate’s business operations, privacy and security standards
related to health information, including HIPAA, do not apply to Crelate in the provision of Crelate Hire.
e. Clients Obligations.
i. Not a Compliance Solution: Clients acknowledge that Crelate Hire is not designed or provided as a tool to ensure compliance with state, federal, or
foreign laws, including but not limited to E-Verify (I-9), Equal Employment Opportunity Commission (EEOC) regulations, the Electronic Signatures in
Global and National Commerce Act, or the Uniform Electronic Transactions Act.
ii. Client’s Compliance Obligation: Clients are solely responsible for ensuring their compliance with all applicable state, federal, and foreign laws and
regulations.
- E-Verify Integration. If the client uses Crelate Hire with E-Verify integration (“Crelate Hire with E-Verify”), Client represents and warrants to the following:
a. That they will complete the necessary E-Verify enrollment process before using the Crelate Hire with E-Verify.
b. That Client agrees to fully comply with all terms and conditions of their E-Verify enrollment, including, but not limited to, the Memorandum of Understanding (MOU) between the Client and the Department of Homeland Security (DHS).
c. The Client is responsible for handling all interactions with their personnel regarding the onboarding process with E-Verify. This includes managing renewals, addressing rejections, and making corrections as needed.
- Export. Client represents and warrants that it shall take all actions necessary to ensure compliance with all applicable laws, regulations, orders or other restrictions on data exports related to Client Content, Personal Data, Sensitive Personal Information, and further shall not sell, license or re-export, directly, or indirectly, Onboarding or Onboarding with E-Verify.
Data Sync Services
- Data Sync Service. Crelate provides a hosted data synchronization service (the “Data Sync Service”) that enables automated data integration between Crelate Services and supported third-party systems (such as HubSpot, Monday.com, and others). The Data Sync Service makes use of the Crelate API; by subscribing to and/or using our Data Sync Service, you agree to these Data Sync Service additional terms of service and the API additional terms of service.
- Third-Party Services and Data.
a. You are solely responsible for obtaining and maintaining all necessary rights, permissions, and licenses to connect to and use any third-party services through the Data Sync Service.
b. You acknowledge that Crelate does not control third-party services and is not responsible for their availability, reliability, performance, security, or functionality.
c. You are responsible for compliance with the terms of service, privacy policies, and other requirements of any third-party services you connect to via the Data Sync Service.
d. You grant Crelate permission to access, transfer, and synchronize data between Crelate services and the third-party services you authorize, as necessary to provide the Data Sync Service functionality.
- Service Limitations.
a. The Data Sync Service operates on a reasonable effort basis and may be subject to limitations imposed by the Crelate API Terms of Service, third-party services, including but not limited to API rate limits, data access restrictions, or service outages.
b. Data Sync Framework target speeds, sync rates, and limits are dictated by the tier of service subscribed to. Crelate does not guarantee real-time synchronization, or that the target rates will be achieved, and there may be delays between updates in Crelate and corresponding updates in third-party services.
c. The completeness and accuracy of synchronized data depend on the capabilities and limitations of both Crelate services and the third-party services.
d. Crelate may establish usage limits for the Data Sync Service at its discretion.
- Prohibited Uses. See API Prohibited Uses.
- Service Changes.
a. Crelate reserves the right to modify, update, or discontinue the Data Sync Service or any integrations at any time.
b. For material changes to the Data Sync Service, Crelate will make commercially reasonable efforts to provide advance notice.
c. Third-party services may change their APIs, features, or terms at any time, which may affect the functionality of the Data Sync Service. Crelate will use reasonable efforts to update the Data Sync Service to accommodate such changes, but does not guarantee continued compatibility with all third-party services.
d. Crelate is not responsible for changes made by Client, including changes made to the third-party service, such as configuration or schema changes, that may affect the integration (together “Client Changes”). Additional paid Professional Services may be required for Crelate to perform updates or configuration changes necessary to accommodate Client Changes. - Support and Maintenance.
a. Crelate will provide reasonable maintenance for the Data Sync Service as part of the Service.
b. Support and maintenance does not include issues related to Client Changes, troubleshooting of third-party service issues or data reconciliation between systems. Crelate Professional Services are available at an additional fee for these types of issues.
c. Crelate is not responsible for any data loss, overwriting, corruption, or inconsistencies that may occur during synchronization. You are responsible for maintaining appropriate backups of your data.
eSignature Service
- Use. Crelate provides the eSignature Service to enable two counterparties (usually a Client, herein described as the “Sending Party,” and People or eSignature User (usually an employee, candidate, or contractor) to electronically sign documents (including, but not limited to, agreements, HR documents, offer letters, hiring documents, etc.). If you use the eSignature Service offered by Crelate, you acknowledge and agree to all terms and conditions of the Agreement, this section of the Additional Product Terms, the Crelate Acceptable Use Policy, and the Crelate Privacy Policy. Whenever you sign a document using Crelate’s eSignature Service you affirmatively and explicitly consent to using electronic signatures via the eSignature Service and consent to conducting electronic business transactions.
- Eligibility. You represent, warrant and agree that you are (a) of legal age (18 years of age or older or otherwise of legal age in your resident jurisdiction) and (b) that you are competent to understand and agree to these terms and the Agreement.. If you are under the age of 18 or the legal age in your resident jurisdiction, you must use the eSignature Service under the supervision of a parent or legal guardian.
- Consent. You represent, warrant and agree that you are able to access the eSignature Service and the document you are signing electronically. When using the eSignature Service for a particular document, your consent applies only to the matter(s) covered by that particular document.
- Choice. You are not required to use the eSignature Service or accept electronic documents provided by the Sending Party. If you are a Person and you choose not to use the eSignature Service, you may still sign the document manually by notifying the Sending Party that you are choosing to do so and by obtaining a non-electronic copy of the document from them. Crelate assumes no responsibility for guaranteeing providing you with a non-electronic version of the document. In the event you are choosing to sign the document manually, do not use the eSignature Service to sign the document or to return the document to the Sending Party.
- Access. If you have signed a document electronically using the eSignature Service and transmitted it back to the Sending Party, Crelate will provide you with the opportunity to download and print a paper copy of the document at no charge. If you later withdraw your consent to using the eSignature Service, please notify the Sending Party and stop using the eSignature Service. Note that the decision to stop using the eSignature Service after you have already used it does not change the legality of the documents you have previously signed using an electronic signature.
- Authorized Use. If you view, access or sign a document using the Crelate eSignature Service as either the Sending Party or a Person, you agree that (a) you are the intended party, (b) that you are uniquely identified by the email address and/or user name associated with the signing request and that (c) you are not sharing or otherwise allowing access to your email address and/or user name to any other natural person or entity.
- Responsibilities. Client acknowledges and agrees that: (a) as between Crelate and Client, Client has exclusive control and responsibility for the contents of all Client Content, including any documents used with the Crelate eSignature Service; and (b) certain types of documents, agreements, or contracts may be excluded from general electronic signature laws (such as wills, trusts, court orders, or family law matters), or may have specific regulations that are applicable to them; and (c) Client is solely responsible for ensuring that the documents (including Templates), agreements or contracts it uses with the Crelate eSignature Service are appropriate for electronic signatures, and Crelate is not responsible or liable for any such determination or use; and (d) Consumer protection laws or regulations may impose specific requirements for electronic transactions involving consumers, Client is solely responsible for ensuring it complies with all such laws/regulations, and Crelate has no obligations whatsoever to make such determination or assist with fulfilling any requirements therein. If Client is using an API or other service that allows Client to perform any end user/participant/signer authentication, then Client is solely responsible and liable for such authentication.
- Signing. When counterparties sign a document electronically using the Crelate eSignature Service, the rights and duties associated with that document are solely those of the counterparties. Crelate is not a party to the document and carries no liability or responsibility with respect to the correctness, legality, validity or enforcement of the document; nor does Crelate have any liability or responsibility with respect to the legal or non-legal aspects of the document or any dispute arising as a result of the document. Crelate’s sole responsibility is provision of the eSignature Service and customer service associated therewith.
- Use of Templates and Forms. The Crelate eSignature Services may include sample templates and forms, including certain government forms (collectively “Templates”). The Templates are for informational purposes only. We are not attorneys, tax advisors, or a law firm, and Templates are not a substitute for the advice or services of an attorney, certified public accountant (CPA) or HR professionals. Client acknowledges that Crelate is not providing Client or People with legal, tax, or HR advice or acting as Client’s attorney or agent, and Client assumes full responsibility for any outcomes or costs associated with Customer’s use of the Templates.Nothing in the Templates, or communications with Client or People (including, but not limited to, any emails, web site content, attachments, enclosures or other accompanying materials) relating to any federal tax transaction or matter are considered to be “covered opinions” as described in Circular 230.
- Suitability of Templates. Crelate does not claim that documents based on the Templates are complete and suitable for use in all situations and jurisdictions. Client should consult with an attorney about Client’s specific situation before relying on the Templates for any contract, agreement or transaction. Client hereby acknowledges that Crelate is not a party to any agreement that Client enters into as a result of the use of any document or Template that Client creates or uses through the Crelate eSignature Services. Use of the Crelate eSignature Services and any document (including any document based on the Templates) does not constitute an attorney-client relationship, joint venture or partnership between Crelate and any Client or third party. Communications between Client and Crelate are governed by these Additional Product Terms, the Agreement and our Privacy Policy but are not protected by the attorney-client privilege or as work product. We sincerely hope you are satisfied with and enjoy the Templates.
- PLEASE NOTE THAT CRELATE’s STATEMENTS CONTAINED HEREIN OR ELSEWHERE CONCERNING THE VALIDITY OF ELECTRONIC DOCUMENTS AND/OR THE SIGNATURE LINES OF DOCUMENTS THAT ARE ELECTRONICALLY SIGNED ARE FOR INFORMATIONAL PURPOSES ONLY; THEY ARE GENERAL IN NATURE AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. UNDER FEDERAL AND STATE LAWS GOVERNING ELECTRONIC SIGNATURES, ELECTRONIC SIGNATURES ON CERTAIN TYPES OF AGREEMENTS ARE NOT ENFORCEABLE. crelate HEREBY DISCLAIMS ANY RESPONSIBILITY FOR ENSURING THAT DOCUMENTS ELECTRONICALLY SIGNED THROUGH crelate’s ESIGNATURE SERVICE ARE VALID OR ENFORCEABLE UNDER THE LAWS OF THE UNITED STATES OF AMERICA, ANY PARTICULAR STATE, OR ANY OTHER LEGAL JURISDICTION. YOU SHOULD CONSULT WITH LEGAL COUNSEL CONCERNING THE VALIDITY OR ENFORCEABILITY OF ANY DOCUMENT YOU MAY SIGN ELECTRONICALLY USING THE crelate ESIGNATURE SERVICE.
Limits and Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW THE TOTAL LIABILITY OF CRELATE (INCLUDING, AS TO CRELATE, ITS AFFLIATES OR SUPPLIERS) TO THE CLIENT FOR ALL CLAIMS ARISING UNDER ADDITIONAL PRODUCT TERMS OR THE ACCESS OR USE OF ADDITIONAL PRODUCTS IS LIMITED, IN THE AGGREGATE, TO THE SUBSCRIPTION FEES PAID FOR THE SPECIFIC ADDITIONAL PRODUCT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO SUCH CLAIM.
- NOTWITHSTANDING SECTION 1 OF LIMITS AND LIABILITY HEREIN, WITH RESPECT TO ANY ADDITIONAL PRODUCTS, MARKETPLACE PARTNER, LICENSED DATA, AND LICENSED CONTACT DATA, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CRELATE BE LIABLE FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, COSTS OR EXPENSES (INCLUDING LEGAL EXPENSES), CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, TO CLIENT OR ANY THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH ANY ACTION, USE OF SERVICE OR OMISSION BY THE CLIENT AND/OR THEIR AUTHORIZED USERS, PEOPLE, OR RESPECTIVE SUPPLIERS OR AFFILIATES.