Terms of Use | Cherrypicker

Welcome to Cherrypicker Inc. (“Cherrypicker,” “Company,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of Cherrypicker’s websites, software platform, mobile applications, recruiting tools, candidate matching services, sourcing tools, outreach workflows, AI-assisted features, professional services, communications, and related products or services that link to or reference these Terms (collectively, the “Services”).

By accessing or using the Services, creating an account, submitting information to Cherrypicker, purchasing credits, using Cherrypicker’s recruiting tools, or otherwise interacting with the Services, you agree to these Terms and to our Privacy Policy. If you are using the Services on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms. In that case, “you” and “your” refer to both you individually and the entity you represent.

If you do not agree to these Terms, you may not access or use the Services.

1. Description of the Services

Cherrypicker provides recruiting technology and recruiting support services designed to help companies identify, engage, and connect with potential candidates. The Services may include, without limitation:

Candidate sourcing and search tools;
AI-assisted candidate discovery, matching, ranking, and profile analysis;
Candidate profile enrichment;
Contact data enrichment;
Outbound recruiting campaigns by email, LinkedIn, SMS, or other channels;
Candidate invitation workflows and invite codes;
Candidate profile creation and activation;
Job matching and introduction workflows;
Candidate screening support;
Hiring manager dashboards;
Candidate-facing applications, portals, or mobile app experiences;
Credit-based recruiting actions;
Done-for-you recruiting services;
Recruiting operations consulting;
Workflow automation; and
Other tools, products, features, or services made available by Cherrypicker.

Cherrypicker may modify, improve, suspend, discontinue, or replace any part of the Services at any time, subject to any separate written agreement between Cherrypicker and a customer.

2. Users of the Services

The Services may be used by different types of users, including:

Customers or Business Users: Companies, hiring teams, talent acquisition teams, recruiters, hiring managers, founders, executives, staffing firms, or other authorized business users who use Cherrypicker to identify, source, recruit, screen, contact, match with, or evaluate potential candidates.

Candidates: Individuals who are invited to Cherrypicker, contacted by Cherrypicker, create a candidate profile, activate a profile, express interest in a job opportunity, respond to a recruiting campaign, participate in screening, or otherwise use candidate-facing features.

Authorized Users: Employees, contractors, representatives, or agents of a Customer who are authorized to access the Services on behalf of that Customer.

Visitors: Individuals who access public Cherrypicker websites, landing pages, content, forms, or other public materials.

Additional terms may apply to certain Services, subscriptions, order forms, statements of work, beta features, professional services, or enterprise agreements. If there is a conflict between these Terms and a signed written agreement between you and Cherrypicker, the signed written agreement will control for the specific services covered by that agreement.

3. Eligibility

You must be at least 18 years old to use the Services.

By using the Services, you represent and warrant that:

You are legally able to enter into these Terms;
You are not prohibited from using the Services under applicable law;
Any information you provide is accurate, current, and complete;
You will use the Services only for lawful recruiting, hiring, job search, business, or professional purposes; and
If you use the Services on behalf of an organization, you have authority to act on behalf of that organization.

Cherrypicker may refuse, suspend, or terminate access to the Services at any time if we believe you do not meet these requirements or have violated these Terms.

4. Accounts and Security

To access certain Services, you may need to create an account. You agree to provide accurate and complete account information and to keep that information updated.

You are responsible for:

Maintaining the confidentiality of your login credentials;
All activity that occurs under your account;
Ensuring that your Authorized Users comply with these Terms;
Promptly notifying Cherrypicker of unauthorized access, suspected account compromise, or security concerns; and
Using reasonable safeguards to prevent unauthorized use of the Services.

You may not share login credentials with unauthorized individuals or allow anyone outside your organization to access the Services unless permitted by Cherrypicker in writing.

Cherrypicker is not responsible for losses caused by your failure to protect your account credentials or your Authorized Users’ misuse of the Services.

5. Customer Responsibilities

Customers are solely responsible for their use of the Services and for all recruiting, hiring, employment, and business decisions made in connection with the Services.

Customers agree to:

Use the Services only for legitimate recruiting, talent acquisition, sourcing, hiring, candidate engagement, or related business purposes;
Comply with all applicable employment, labor, anti-discrimination, privacy, data protection, marketing, communications, and recruiting laws;
Review candidate information independently before making any hiring decision;
Ensure that job postings, outreach campaigns, screening criteria, search criteria, and hiring practices are lawful and non-discriminatory;
Obtain any required rights, permissions, or consents before submitting candidate information, profile URLs, job descriptions, contact lists, or other third-party information to Cherrypicker;
Maintain the confidentiality of candidate information and use it only for authorized recruiting purposes;
Honor candidate opt-outs, blocks, declines, and communication preferences where made available through the Services;
Use candidate data only in accordance with these Terms, the Privacy Policy, and applicable law; and
Cooperate with Cherrypicker to investigate suspected misuse, fraud, abuse, or legal violations.

Customers are solely responsible for final hiring decisions, interview decisions, compensation decisions, employment offers, employment terms, and any other employment-related outcomes.

6. Candidate Responsibilities

Candidates may use Cherrypicker to create or activate a candidate profile, review job opportunities, respond to outreach, express interest in employers or roles, participate in screening workflows, communicate with Cherrypicker or Customers, or otherwise engage with recruiting opportunities.

Candidates agree to:

Provide accurate, current, and complete information;
Keep profile information and job preferences reasonably updated;
Use the Services only for lawful job search, career, or professional purposes;
Not impersonate another person or misrepresent qualifications, employment history, education, skills, work authorization, compensation expectations, or job preferences;
Not submit false, misleading, offensive, unlawful, or infringing content;
Communicate professionally with Cherrypicker, Customers, and other users; and
Comply with these Terms and any applicable candidate-facing policies or notices.

Cherrypicker does not guarantee that any Candidate will receive an interview, job offer, employment opportunity, compensation increase, or response from a Customer.

7. Candidate Profiles and Candidate Visibility

Cherrypicker may create, maintain, enrich, display, or update candidate profiles using information provided by Candidates, Customers, publicly available professional sources, third-party data providers, enrichment providers, communications, screening workflows, or other sources described in our Privacy Policy.

Candidate profile visibility may vary depending on the Services used. Certain candidate information may be redacted, partially displayed, summarized, ranked, enriched, or made available only after a candidate expresses interest, accepts an invitation, activates a profile, consents to an introduction, or otherwise engages with Cherrypicker.

Cherrypicker may allow Candidates to express interest, decline opportunities, block companies, update profile information, request changes, opt out of outreach, or delete their profile, subject to the Privacy Policy and applicable law.

Customers may not attempt to circumvent candidate visibility controls, de-anonymize redacted profiles, scrape candidate data, or contact candidates outside approved workflows when such contact violates these Terms, candidate preferences, or applicable law.

8. Customer-Submitted Data

Customers may submit information to Cherrypicker, including job descriptions, search criteria, company information, hiring preferences, candidate profile URLs, LinkedIn URLs, contact lists, candidate names, professional history, notes, communications, screening criteria, or other materials (“Customer Data”).

You represent and warrant that you have all rights, permissions, and lawful bases necessary to submit Customer Data to Cherrypicker and to permit Cherrypicker to process it for the purpose of providing the Services.

Cherrypicker may use Customer Data to:

Provide, operate, and improve the Services;
Source and identify potential candidates;
Enrich profiles or contact information;
Generate or refine search queries;
Rank, match, or organize candidate results;
Run outreach campaigns;
Support screening workflows;
Prevent fraud, misuse, duplicate records, or unauthorized access;
Provide customer support;
Comply with legal obligations; and
Enforce these Terms.

Customers are responsible for the accuracy, legality, and appropriateness of all Customer Data.

9. Third-Party Data, Public Information, and Enrichment Providers

Cherrypicker may use third-party data providers, enrichment providers, public professional information, APIs, databases, search tools, and other third-party services to identify, enrich, verify, update, or organize candidate and business information.

You acknowledge that third-party data may be incomplete, outdated, inaccurate, unavailable, or subject to usage restrictions. Cherrypicker does not guarantee the accuracy, completeness, availability, or timeliness of third-party data.

Cherrypicker may use commercially reasonable efforts to maintain data quality, but Customers and Candidates are responsible for independently reviewing information before relying on it.

10. AI-Assisted Features

Cherrypicker may use artificial intelligence, machine learning, large language models, automation, algorithms, data analytics, or similar technologies (“AI Features”) to support the Services.

AI Features may assist with:

Job description analysis;
Search query generation;
Candidate sourcing;
Candidate matching;
Search result ranking;
Profile summarization;
Skills extraction;
Contact enrichment workflows;
Candidate outreach;
Screening support;
Interview or screening summaries;
Candidate-job fit analysis;
Workflow automation; and
Other recruiting-related tasks.

AI Features are designed to support human review and decision-making. They are not a substitute for independent judgment, professional review, or legal compliance.

Cherrypicker does not make final hiring, interview, compensation, promotion, retention, termination, or employment eligibility decisions on behalf of Customers.

Customers are responsible for reviewing AI-assisted outputs and ensuring their use of the Services complies with all applicable employment, labor, anti-discrimination, privacy, data protection, and automated decision-making laws.

AI-generated outputs may be inaccurate, incomplete, biased, or inappropriate. You should not rely on AI-generated outputs as the sole basis for any employment-related decision.

Cherrypicker uses a hybrid approach that combines human sourcing with AI-assisted tools, and certain AI sourcing features are currently in beta. Cherrypicker’s candidate matching is based on objective criteria such as skills, years of experience, location radius, and stated preferences. The Services do not make automated employment decisions and do not make final hiring, interview, compensation, promotion, retention, or termination decisions. Those decisions are made by Customers and not on the Cherrypicker platform. To the extent a Customer’s use of the Services involves an automated employment decision tool subject to New York City Local Law 144 or other laws governing automated employment decision tools, the Customer is responsible for compliance, including any required bias audits, notices, and disclosures.

11. No Background Checks; Not a Consumer Reporting Agency

Cherrypicker is not a consumer reporting agency and does not provide consumer reports as defined by the Fair Credit Reporting Act.

The Services are not intended to be used for background checks, credit checks, criminal history checks, reference checks, tenant screening, insurance eligibility, lending eligibility, employment eligibility determinations, or any other purpose that would require Cherrypicker to operate as a consumer reporting agency.

Customers may not use the Services as the sole basis for any hiring, retention, promotion, reassignment, compensation, termination, or other employment-related decision.

Customers are solely responsible for conducting any background checks, reference checks, employment eligibility verification, work authorization verification, credential verification, or other due diligence required by law or by the Customer’s hiring process.

12. No Employment, Hiring, or Candidate Guarantee

Cherrypicker does not guarantee that:

Any candidate will respond to outreach;
Any candidate will activate a profile;
Any candidate will express interest in a role;
Any candidate will agree to an introduction;
Any candidate will participate in screening;
Any candidate will interview with a Customer;
Any Customer will interview a Candidate;
Any offer will be made or accepted;
Any hire will occur;
Any hire will remain employed;
Any recruiting campaign will meet a specific response rate;
Any role will be filled within a specific timeline; or
Any candidate data, contact information, or profile information will be complete or accurate.

Any estimates, benchmarks, timelines, examples, case studies, projected response rates, cost-per-hire comparisons, or expected recruiting outcomes are illustrative only and are not guarantees.

Recruiting outcomes depend on many factors outside Cherrypicker’s control, including role requirements, compensation, location, employer brand, job market conditions, candidate availability, outreach copy, timing, hiring process speed, and Customer responsiveness.

13. Professional Services and Done-For-You Recruiting Services

Cherrypicker may offer professional services, done-for-you recruiting services, sourcing support, outbound campaign management, screening support, consulting, implementation, workflow automation, or other services (“Professional Services”).

Professional Services may be governed by a separate order form, statement of work, proposal, subscription agreement, or written agreement. If there is a conflict between these Terms and a written agreement covering Professional Services, the written agreement will control for that engagement.

Unless expressly stated in a signed agreement, Professional Services do not include placement guarantees, exclusivity, background checks, employment verification, legal compliance review, or responsibility for final hiring decisions.

Customers remain solely responsible for hiring decisions and employment-related actions taken in connection with Professional Services.

14. Credits, Subscriptions, Fees, and Billing

Cherrypicker may offer credit-based features, subscriptions, one-time purchases, usage-based fees, professional services fees, implementation fees, or other paid services.

“Credits” or “Cherrypicker Credits” are units that may be used for certain actions within the Services, such as candidate sourcing, candidate enrichment, candidate outreach, profile unlocks, introduction requests, AI-assisted searches, screening workflows, or other features made available by Cherrypicker.

The number of Credits required for a particular action may vary based on the feature, service tier, subscription plan, data costs, third-party provider costs, or other factors. Cherrypicker may display applicable Credit usage in the Services, in an order form, or in other written materials.

Unless otherwise stated in a written agreement:

Credits have no cash value;
Credits are non-transferable;
Credit purchases are non-refundable, meaning amounts paid for Credits will not be returned as cash;
Credits are valid for 12 months from the date they are issued, provided your subscription remains active;
Unused Credits do not entitle you to a cash refund;
Cherrypicker may modify Credit pricing, Credit usage rules, or Credit consumption rates prospectively; and
Cherrypicker may issue replacement Credits at its discretion.

Although Credit purchases are non-refundable, Credits themselves may be refunded back to your account in the following cases. If Cherrypicker is unable to find or enrich a candidate’s LinkedIn profile, we will refund one full Credit for that candidate. If Cherrypicker is unable to find verified contact data for a candidate, we will refund one-half Credit for that candidate. Refunded Credits are returned to your account, remain subject to the same expiration and usage terms, and are not redeemable for cash. Cherrypicker may also issue replacement Credits in other cases, such as a technical failure, duplicate record, or other issue, in its discretion.

Fees are due according to the applicable invoice, order form, checkout page, subscription agreement, or statement of work. Late payments may result in suspension or termination of access.

You are responsible for all applicable taxes, duties, and governmental charges, except taxes based solely on Cherrypicker’s income.

15. Payment Authorization

If you provide a payment method, you authorize Cherrypicker and its payment processors to charge that payment method for applicable fees, subscriptions, renewals, usage-based charges, Credits, Professional Services, taxes, and other amounts due.

If your payment method fails, Cherrypicker may suspend or terminate access to paid Services until payment is received.

Unless otherwise stated in a written agreement, subscription fees are non-refundable and renew according to the subscription terms presented at purchase or in the applicable order form.

16. Acceptable Use

You agree not to use the Services to:

Violate any law, regulation, contract, or third-party right;
Discriminate against candidates or applicants based on protected characteristics;
Use unlawful, biased, or discriminatory search criteria, screening criteria, or hiring practices;
Harass, threaten, defame, abuse, or harm another person;
Submit false, misleading, inaccurate, or fraudulent information;
Impersonate any person or entity;
Scrape, crawl, harvest, copy, export, or mass download data from the Services;
Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying structure of the Services;
Circumvent redaction, candidate privacy controls, access controls, rate limits, or security features;
Sell, resell, sublicense, rent, lease, distribute, or otherwise commercialize the Services without Cherrypicker’s written permission;
Use the Services to build, train, benchmark, or improve a competing product or service;
Upload malware, viruses, harmful code, or disruptive content;
Interfere with or overload Cherrypicker’s systems;
Access the Services using unauthorized bots, scripts, scrapers, or automation;
Use another user’s account without authorization;
Share candidate information with unauthorized third parties;
Contact candidates in violation of their preferences, opt-outs, or applicable law;
Use the Services for spam, phishing, fraud, or deceptive communications;
Use the Services to monitor current employees or determine whether current employees are seeking other employment;
Use the Services for background checks or consumer reports;
Use the Services to make solely automated employment decisions without required human review and legal compliance;
Submit sensitive personal information unless specifically requested by Cherrypicker and legally permitted; or
Otherwise use the Services in a manner that Cherrypicker determines is harmful, abusive, deceptive, unlawful, or inconsistent with the intended purpose of the Services.

17. Employee Monitoring and Misuse Restrictions

Customers may not use the Services to monitor, surveil, evaluate, or investigate their own employees, contractors, or applicants for improper purposes, including determining whether current employees are seeking employment elsewhere.

Customers may not submit LinkedIn URLs, profile URLs, or personal information of their own employees for the purpose of testing whether those individuals are active, reachable, open to opportunities, or present in Cherrypicker’s systems.

Cherrypicker may use technical, contractual, manual, or automated measures to detect and prevent misuse, including duplicate detection, company-name matching, blocked company lists, domain matching, usage logs, and account reviews.

Cherrypicker may suspend or terminate accounts that misuse the Services or attempt to circumvent candidate privacy protections.

18. Communications and Outreach

The Services may include email, LinkedIn, SMS, phone, in-app, push notification, chat, or other communication workflows.

By using the Services, you authorize Cherrypicker to send communications as necessary to provide the Services, including account messages, candidate outreach, job opportunity communications, invite codes, notifications, transactional messages, support communications, and administrative notices.

SMS and text messages. Cherrypicker sends SMS or text-message notifications only to individuals who have opted in to receive them. Candidates must opt in before receiving SMS notifications. By opting in, you consent to receive recruiting and service-related text messages from or on behalf of Cherrypicker at the mobile number you provide, which may be delivered using automated technology. Consent to receive text messages is not a condition of using the Services. Message and data rates may apply and message frequency may vary. You may opt out at any time by replying STOP to any text message, and you may reply HELP for help. Customers that instruct Cherrypicker to conduct SMS outreach are responsible for obtaining any required consents and for complying with the Telephone Consumer Protection Act (TCPA) and other applicable communications laws.

Customers are responsible for ensuring that any outreach campaigns, contact lists, job descriptions, message content, and communication instructions they provide to Cherrypicker comply with applicable laws, including marketing, spam, privacy, telecommunications, and employment laws.

Candidates may opt out of certain communications as described in the Privacy Policy or within the applicable communication.

Cherrypicker may retain limited information necessary to honor opt-outs, suppression requests, unsubscribe requests, and legal obligations.

19. Third-Party Services

The Services may integrate with or rely on third-party services, including data providers, enrichment providers, cloud infrastructure providers, payment processors, analytics tools, email platforms, SMS providers, calendar tools, CRM systems, applicant tracking systems, automation tools, AI providers, job boards, communication platforms, and other vendors.

Third-party services are not controlled by Cherrypicker. Cherrypicker does not guarantee the availability, accuracy, security, performance, or legality of third-party services.

Your use of third-party services may be subject to their own terms and privacy policies. Cherrypicker is not responsible for third-party services, third-party data, third-party websites, or third-party conduct.

20. User Content

You may submit, upload, transmit, or provide content through the Services, including job descriptions, company descriptions, logos, candidate information, profile information, messages, notes, files, feedback, communications, and other materials (“User Content”).

You retain ownership of your User Content, subject to the rights granted to Cherrypicker in these Terms.

You grant Cherrypicker a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, process, modify, display, transmit, and create derivative works from User Content as necessary to provide, operate, secure, support, analyze, and improve the Services.

You represent and warrant that:

You own or have the necessary rights to provide the User Content;
Your User Content does not violate applicable law or third-party rights;
Your User Content is accurate to the best of your knowledge;
Your User Content does not contain unlawful, defamatory, discriminatory, infringing, harmful, or deceptive material; and
You have obtained any required consents or permissions.

Cherrypicker may remove or restrict User Content at any time if we believe it violates these Terms, applicable law, or the rights of others.

21. Feedback

If you provide suggestions, ideas, comments, improvements, or feedback about Cherrypicker or the Services, you grant Cherrypicker the right to use that feedback without restriction or compensation.

Cherrypicker may use feedback to improve the Services, develop new features, create marketing materials, or support business operations.

22. Intellectual Property

Cherrypicker and its licensors own all rights, title, and interest in and to the Services, including software, designs, workflows, interfaces, algorithms, databases, models, graphics, trademarks, logos, service marks, content, documentation, and other intellectual property.

These Terms do not grant you ownership of any Cherrypicker intellectual property.

You may not copy, modify, reproduce, distribute, sell, lease, sublicense, reverse engineer, or create derivative works based on the Services except as expressly permitted by Cherrypicker in writing.

All rights not expressly granted are reserved by Cherrypicker.

23. Confidentiality

In connection with the Services, you may receive access to non-public information about Cherrypicker, Customers, Candidates, pricing, technology, business operations, workflows, data, product plans, or other confidential information.

You agree to protect confidential information using at least reasonable care and to use it only for the purpose of using the Services as permitted by these Terms.

You may not disclose confidential information to unauthorized third parties.

Candidate profile information, contact information, redacted profile data, search results, enrichment results, outreach results, and platform workflows are confidential and may be used only for authorized recruiting purposes.

24. Privacy

Your use of the Services is subject to Cherrypicker’s Privacy Policy, which describes how Cherrypicker collects, uses, shares, and protects personal information.

By using the Services, you acknowledge that you have reviewed the Privacy Policy.

If you provide personal information about another person to Cherrypicker, you represent and warrant that you have the legal right to do so and that your provision of the information complies with applicable law.

25. Data Security

Cherrypicker uses commercially reasonable administrative, technical, and organizational measures designed to protect the Services and personal information.

However, no method of transmission or storage is completely secure. Cherrypicker does not guarantee that unauthorized access, hacking, data loss, or security incidents will never occur.

You are responsible for using the Services securely, including protecting login credentials, limiting access to Authorized Users, and promptly reporting suspected security issues.

26. Beta Features

Cherrypicker may offer beta, pilot, experimental, preview, or early-access features (“Beta Features”).

Beta Features are provided for evaluation purposes and may be incomplete, unstable, inaccurate, unavailable, or discontinued at any time.

Beta Features are provided “as is” without warranties of any kind. Cherrypicker may modify, suspend, or discontinue Beta Features at any time without liability.

27. Suspension and Termination

Cherrypicker may suspend or terminate your access to the Services at any time if:

You violate these Terms;
You fail to pay amounts due;
You misuse candidate data;
You violate candidate preferences or opt-outs;
You use the Services for unlawful, discriminatory, fraudulent, abusive, or competitive purposes;
Your use creates security, legal, operational, reputational, or business risk for Cherrypicker;
We are required to do so by law; or
We discontinue the applicable Services.

You may stop using the Services at any time. Certain paid subscriptions, order forms, or statements of work may include separate cancellation, renewal, payment, or termination terms.

Upon termination, your right to access the Services will end. Sections that by their nature should survive termination will survive, including payment obligations, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, dispute resolution, and any other provisions intended to survive.

28. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHERRYPICKER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT.

CHERRYPICKER DOES NOT WARRANT THAT:

THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ALL TIMES;
CANDIDATE DATA WILL BE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE;
THIRD-PARTY DATA WILL BE ACCURATE, COMPLETE, CURRENT, OR AVAILABLE;
AI OUTPUTS WILL BE ACCURATE, COMPLETE, UNBIASED, OR APPROPRIATE;
OUTREACH WILL GENERATE RESPONSES;
CANDIDATES WILL BE INTERESTED, QUALIFIED, AVAILABLE, OR RESPONSIVE;
CUSTOMERS WILL INTERVIEW OR HIRE CANDIDATES;
ANY ROLE WILL BE FILLED;
ANY PARTICULAR BUSINESS, RECRUITING, OR HIRING RESULT WILL BE ACHIEVED; OR
THE SERVICES WILL MEET YOUR REQUIREMENTS.

You use the Services at your own risk.

29. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHERRYPICKER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF CHERRYPICKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHERRYPICKER’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF:

THE AMOUNT YOU PAID TO CHERRYPICKER FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR
ONE HUNDRED DOLLARS ($100).

The limitations in this section apply to all claims, whether based on contract, tort, negligence, strict liability, warranty, statute, or any other legal theory.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. In those cases, Cherrypicker’s liability will be limited to the fullest extent permitted by law.

30. Indemnification

You agree to defend, indemnify, and hold harmless Cherrypicker and its officers, directors, employees, contractors, agents, affiliates, successors, and assigns from and against any claims, demands, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

Your use of the Services;
Your User Content or Customer Data;
Your violation of these Terms;
Your violation of applicable law;
Your violation of employment, labor, anti-discrimination, privacy, data protection, marketing, communications, or recruiting laws;
Your hiring, interview, screening, employment, or candidate evaluation practices;
Your use or misuse of candidate information;
Your communications with candidates or other users;
Your use of AI Features;
Your use of third-party services or third-party data;
Your failure to obtain required consents or permissions; or
Any dispute between you and another user, Candidate, Customer, employee, contractor, applicant, or third party.

Cherrypicker reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with Cherrypicker’s defense.

31. Disputes Between Users

Cherrypicker is not responsible for disputes between Customers, Candidates, Authorized Users, recruiters, employers, employees, contractors, applicants, or other third parties.

You are solely responsible for your interactions, communications, interviews, hiring processes, employment offers, compensation discussions, and employment relationships.

Cherrypicker may, but is not required to, monitor, investigate, or attempt to resolve disputes between users.

32. Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

You and Cherrypicker agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your relationship with Cherrypicker will be resolved by binding arbitration, rather than in court, except as stated below.

The arbitration will be administered by the American Arbitration Association under its applicable rules. The arbitration will take place in New York, New York, unless the parties agree otherwise.

You and Cherrypicker waive the right to a jury trial.

You and Cherrypicker agree that disputes will be brought only on an individual basis and not as a class action, collective action, consolidated action, private attorney general action, or representative proceeding.

The arbitrator may award relief only on an individual basis and may not consolidate claims or preside over any class, collective, or representative proceeding.

Notwithstanding the above, either party may seek injunctive or equitable relief in court to protect intellectual property, confidential information, data security, or unauthorized use of the Services.

Your right to opt out of arbitration. You may opt out of this arbitration agreement and class action waiver within 30 days of the date you first accept these Terms by sending written notice to support@getcherrypicker.com that includes your name, the email address associated with your account, and a clear statement that you want to opt out of arbitration. If you opt out, neither you nor Cherrypicker will be required to arbitrate disputes, and the “Governing Law” section below will govern any dispute. Opting out of arbitration has no effect on any other part of these Terms.

This arbitration agreement will survive termination of these Terms.

33. Governing Law

These Terms and any dispute arising out of or relating to them or the Services will be governed by the laws of the State of New York, without regard to conflict-of-law principles.

For any dispute not subject to arbitration, you agree to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York.

34. Changes to the Services or Terms

Cherrypicker may update these Terms from time to time. When we update the Terms, we will revise the “Last Updated” date above.

If we make material changes, we may provide notice through the Services, by email, or by other reasonable means.

Your continued use of the Services after updated Terms become effective means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

35. Assignment

You may not assign or transfer these Terms without Cherrypicker’s prior written consent.

Cherrypicker may assign or transfer these Terms without your consent in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, change of control, or by operation of law.

These Terms bind and benefit the parties and their permitted successors and assigns.

36. Force Majeure

Cherrypicker will not be liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, pandemics, internet or telecommunications failures, cloud provider outages, third-party service failures, cyberattacks, power failures, or other events beyond Cherrypicker’s reasonable control.

37. Severability

If any provision of these Terms is found unenforceable, the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. If it cannot be modified, it will be severed, and the remaining provisions will remain in effect.

38. No Waiver

Cherrypicker’s failure to enforce any provision of these Terms does not waive its right to enforce that provision or any other provision later.

Any waiver must be in writing and signed by Cherrypicker.

39. Entire Agreement

These Terms, together with the Privacy Policy and any applicable order form, subscription agreement, statement of work, data processing agreement, or written agreement, constitute the entire agreement between you and Cherrypicker regarding the Services.

These Terms supersede all prior or contemporaneous agreements, communications, understandings, or representations regarding the Services, except for any signed written agreement that expressly overrides these Terms.

40. Contact Information

If you have questions about these Terms or the Services, please contact us at:

Cherrypicker Inc.
2248 Broadway #1443
New York, NY 10024
Email: support@getcherrypicker.com