TERMS OF SERVICE
Updated: March 6th, 2026
1. Parties
This Agreement is entered into between Distribute Software Solutions Inc. (“Dstribute.io,” “Vendor,” “we,” or “us”) and Your Company, the entity or individual accepting these terms (“Client” or “you”).
This Agreement governs Client’s access to and use of the Dstribute.io software platform, including job distribution tools, compliance tracking services, and AI-assisted content features (collectively referred to as the “Services”).
2. Acceptance
By accessing or using the Services, Client agrees to be bound by this Agreement and the Vendor Privacy Policy.
If Client is entering into this Agreement on behalf of an organization, Client represents that they have the authority to bind that organization.
If Client does not agree to these terms, Client must not access or use the Services.
3. Scope of Services
Dstribute.io provides a cloud-based technology platform designed to assist organizations with distributing job postings, tracking posting activity, and generating documentation related to recruitment compliance.
Vendor responsibilities are limited to:
- transmission of job postings through Vendor systems
- logging and reporting posting activity
- providing dashboards and documentation generated within the platform.
Vendor does not control and is not responsible for:
- moderation or rejection decisions by third-party job boards
- platform policy changes
- API availability or failures
- candidate behavior or hiring outcomes
- regulatory interpretations
- audit determinations
- processes occurring outside Vendor systems.
Vendor does not guarantee job posting acceptance, visibility, display duration, response rates, candidate volume, or hiring outcomes.
4. License Grant
Subject to this Agreement and payment of applicable fees, Vendor grants Client a limited, non-exclusive, non-transferable, revocable license to access and use the Services during the applicable subscription term.
Client may not:
- copy, reverse engineer, modify, or create derivative works of the Services
- resell or sublicense the Services without Vendor permission
- attempt to bypass usage limits or system protections.
5. Third-Party Platforms and Job Boards
The Services may interact with third-party platforms, including job boards, aggregators, or APIs.
These platforms are not controlled by the vendor.
Vendor is not responsible for:
- job posting rejection
- moderation decisions
- posting removal
- API outages
- platform policy changes
- posting visibility changes
- platform bans or restrictions.
Client acknowledges that third-party platform behavior may change without notice and may impact posting results.
6. AI Tools Disclaimer
Certain Services may include AI-assisted features for generating job descriptions or related content.
AI-generated content is probabilistic and may contain inaccuracies or unintended language.
Client is solely responsible for reviewing, editing, and approving AI-generated content prior to publication or use.
Vendor makes no representation or warranty regarding:
- accuracy
- regulatory compliance
- employment law compliance
- suitability for hiring purposes.
Vendor shall not be liable for claims arising from Client publication or use of AI-generated content.
7. Client Responsibilities
Client is solely responsible for:
- accuracy and legality of job postings
- compliance with employment laws
- compliance with OFCCP requirements
- internal documentation and audit preparation
- secure management of platform credentials.
Client represents that job postings submitted through the Services comply with all applicable laws, including equal employment opportunity and anti-discrimination laws.
The vendor does not review postings for legal compliance.
8. Acceptable Use
Client agrees not to use the Services to:
- publish unlawful, fraudulent, or misleading job postings
- publish discriminatory or illegal hiring criteria
- engage in spam or mass unsolicited job distribution
- circumvent job board policies
- scrape or extract platform data
- attempt to interfere with platform operations.
The vendor may suspend access for violations of acceptable use.
9. Fees, Billing, and Payment
Client agrees to pay all fees associated with the Services as described in the applicable order form, subscription plan, pricing schedule, or service agreement.
Unless otherwise agreed in writing, all platform subscription fees, usage charges, transactional fees, overage charges, and applicable taxes shall be billed automatically to a valid credit card maintained on file with Vendor.
Client authorizes Vendor to charge the credit card on file for all recurring subscription fees, usage-based fees, service charges, renewal fees, overage charges, and any other amounts owed under this Agreement.
Vendor may process charges on a recurring basis, including monthly, upon usage, or upon renewal of subscription periods, depending on the applicable service plan.
Client is responsible for maintaining valid and current payment information at all times. Failure to maintain a valid payment method may result in suspension of Services.
If a credit card charge fails or is declined, Vendor may retry the charge using the payment method on file. Vendor reserves the right to suspend or restrict access to the Services until payment is successfully processed.
Client agrees not to improperly dispute or charge back legitimate charges incurred under this Agreement.
OFCCP Annual Compliance Services
OFCCP compliance services are billed annually in advance unless otherwise agreed in writing. These services may be invoiced separately and are not required to be paid via credit card unless mutually agreed upon by the parties.
Subscription Term and Automatic Renewal
Client subscriptions automatically renew for successive terms equal to the original subscription period unless cancelled at least thirty (30) days prior to the end of the initial term or any renewal period.
Vendor may charge the payment method on file for applicable renewal fees unless the subscription is cancelled within the required notice period.
Usage Limits and Overage Charges
Certain Services may include usage limits or quotas.
If Client exceeds applicable usage limits, Vendor may charge additional fees in accordance with the then-current pricing schedule.
Client authorizes Vendor to charge the payment method on file for any incurred overage charges.
Pricing Adjustments
Vendor reserves the right to adjust pricing for the Services upon renewal of a subscription term. Vendor will provide reasonable advance notice of any pricing changes prior to the renewal date.
Late or Failed Payments
Vendor reserves the right to:
- suspend or terminate Services for non-payment
- charge reasonable collection costs incurred in recovering overdue balances
- require prepayment or alternative billing arrangements for continued access to the Services.
Refund Policy
Except where required by law, all fees paid under this Agreement are non-refundable.
10. Changes to Services
Vendor may modify or enhance the Services at any time.
If a material reduction in core functionality occurs, Vendor will provide thirty (30) days’ notice.
Client’s sole remedy for such reduction is a pro rata refund of prepaid unused fees.
11. Suspension and Termination
Vendor may suspend or terminate access to the Services for:
- violation of this Agreement
- misuse of the platform
- excessive AI usage
- non payment
- legal or regulatory risk
- third-party platform restrictions.
The client may terminate the Agreement at the end of the subscription term by providing written notice.
12. Security and Data Protection
Vendor maintains commercially reasonable administrative, technical, and physical safeguards appropriate for a SaaS platform of its size and nature.
Vendor does not represent that it maintains SOC 2 certification.
Vendor will notify Client without unreasonable delay after confirmation of a Security Incident involving Client Personal Data.
Vendor’s liability related to any security incident is subject to the Limitation of Liability below.
13. Service Availability
Vendor will use commercially reasonable efforts to maintain platform availability.
However, the Services are provided on an “as available” basis.
Vendor does not guarantee uninterrupted service availability.
Downtime may occur due to maintenance, infrastructure issues, third-party service failures, or internet disruptions.
14. Warranty Disclaimer
To the maximum extent permitted by law, the Services are provided “as is” and “as available.”
Vendor disclaims all warranties, express or implied, including:
- merchantability
- fitness for a particular purpose
- non infringement
- accuracy of outputs
- regulatory compliance
- availability of third-party platforms.
15. OFCCP Compliance Services
Vendor provides job posting transmission, tracking, and reporting tools designed to assist Client in demonstrating good faith recruitment efforts.
Vendor does not provide legal advice and does not guarantee audit success or regulatory compliance.
Use of the Services alone does not satisfy any legal or regulatory requirement.
16. Indemnification
Client agrees to indemnify and hold Vendor harmless from claims arising from:
- Client job postings
- employment law violations
- discrimination claims
- regulatory enforcement actions
- misuse of the Services
- publication of AI-generated content.
Vendor’s indemnification obligations, if any, are limited to direct third-party intellectual property infringement claims arising solely from Vendor’s core platform.
17. Limitation of Liability
To the maximum extent permitted by law, Vendor shall not be liable for:
- indirect damages
- incidental damages
- consequential damages
- lost profits
- lost revenue
- lost data
- reputational harm
- business interruption.
Vendor’s total aggregate liability under this Agreement shall not exceed the total fees paid by Client during the three (3) months preceding the claim, excluding any third-party advertising fees.
Vendor shall not be liable for:
- third-party platform behavior
- regulatory outcomes
- audit determinations
- Client misuse of Services
- AI-generated content
- events beyond the Vendor’s control.
18. Confidentiality
Each party may receive confidential information from the other party.
Confidential information includes non-public business, technical, financial, or operational information.
Each party agrees to protect such information using reasonable care and to use it solely for purposes of performing under this Agreement.
These obligations survive termination.
19. Force Majeure
Neither party shall be liable for delay or failure in performance caused by events beyond reasonable control, including natural disasters, war, terrorism, labor disputes, governmental actions, internet outages, or third-party platform failures.
20. Assignment
Client may not assign this Agreement without Vendor’s written consent.
Vendor may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of assets.
21. Governing Law
This Agreement shall be governed by the laws of the State of California.
22. Arbitration and Class Action Waiver
Any dispute arising from this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association.
Client agrees that disputes will be resolved on an individual basis and waives any right to participate in a class action or class arbitration.
23. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings relating to the Services.
