1.Who these terms apply to
These Terms of Service (the "Terms") are a contract between Caspian Solutions ("Caspian", "we", "us") and the organization or person that creates an account for, or uses, Apex ATS ("Customer", "you"). They cover the website at ats.apexsales.ai, the Apex ATS application, hosted careers pages, feeds, APIs and any related services (together, the "Service").
By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you accept on behalf of a company, you confirm you have authority to bind it. If you do not agree, do not use the Service.
2.Definitions
- "Workspace" means a Customer organization within the Service, with its jobs, applicants, messages, templates, settings and team.
- "User" means a person you invite to your Workspace. User access and any applicable seat limits are specified in the Order.
- "Applicant" means a person who applies to a job or whose details are otherwise entered into your Workspace.
- "Customer Data" means all content and data you or your Users submit to the Service, including Applicant Data.
- "Applicant Data" means personal information about Applicants, including resumes, contact details, answers, notes, scores and messages.
- "Plan" means the access scope, features and limits expressly described in an Order.
- "Order" means a written agreement or order form that specifies the applicable access scope, term, fees and other commercial terms.
- "Professional Services" means Guided Setup, private label implementation and other paid services described at ats.apexsales.ai/services.
3.Accounts and eligibility
You must be at least 18 years old and using the Service for business purposes. You are responsible for the accuracy of the information you provide, for keeping credentials confidential, and for everything done under your Workspace by your Users. Tell us promptly at [email protected] if you suspect unauthorized access.
The Workspace Owner may add, change and remove Users and roles. You are responsible for choosing appropriate roles and for the acts of your Users.
4.Free trial
A free trial is available only if expressly stated in an Order. Creating an account does not itself grant a free trial, production provider access or a particular feature entitlement. Any pilot period and the access available during it are specified in the applicable Order.
5.Subscriptions, billing, renewal and cancellation
Fees, payment method, term, renewal, cancellation, taxes and any usage or seat limits must be stated in an Order. No automatic renewal, recurring charge, plan entitlement or in-product billing workflow applies unless the Order expressly provides for it.
Changes to scope, fees or dates must be agreed in writing by both parties. Contact the address in the Order or these Terms to discuss a change or end of access.
6.Professional Services
Professional Services are provided only when included in a written Order. The Order specifies the services, deliverables, fees, schedule, customer inputs and any rescheduling or cancellation terms.
7.Customer Data and Applicant Data
You own Customer Data. You grant Caspian a limited, non-exclusive license to host, process, transmit and display Customer Data solely to provide, secure and improve the Service and to comply with law. We do not sell Customer Data or use Applicant Data to build profiles for third parties.
Export, retention and deletion arrangements are specified in the applicable Order or data-processing terms. Contact us to request an export or deletion; we will confirm the authorized scope and applicable timing in writing.
You are responsible for the lawfulness of Customer Data, including having a legal basis to collect and process Applicant Data, providing required notices to Applicants, and honoring Applicant rights requests. We will assist you as described in the Data Processing Addendum.
8.Roles: controller and processor
For Applicant Data and other personal information in your Workspace, you are generally the controller (or business, under the CCPA) and Caspian acts as processor (or service provider) where applicable. Any data-processing addendum or other processing terms apply only if separately agreed in writing by both parties.
For information about you and your Users that we collect to run the account (login details, billing contact, support requests, usage logs), Caspian is the controller, as described in our Privacy Policy.
9.Messaging compliance obligations
If messaging features are enabled for your Workspace, you are responsible for the content, recipients and lawful basis for communications you direct through the Service, subject to the provider configuration and controls available in that Workspace. Follow applicable laws and carrier requirements, including rules for consent, opt-outs, sender registration and permitted hours. In particular you agree to:
- Message only Applicants who have given the consent required by law, such as by checking the SMS consent box on your careers page or otherwise agreeing in writing, and to keep a record of that consent.
- Send only recruiting and hiring communications related to the Applicant's application. Marketing, promotions and unrelated offers are not permitted.
- Honor opt-outs immediately. The Service blocks SMS to opted-out numbers and appends an opt-out notice to the first text; you must not circumvent either.
- Respect quiet hours. The Service defaults to 8 pm to 8 am in your timezone; you are responsible for setting a window that complies with the laws that apply to you.
- Complete any carrier registration (such as US A2P 10DLC) required for your messaging account, and use only numbers you are entitled to use.
- Not send content that is deceptive, harassing, discriminatory, or that would be unlawful in a hiring context.
You will indemnify Caspian for claims arising from messages you send through the Service, as set out in the Indemnity section.
10.Acceptable use
You may not use the Service to break the law, infringe rights, send unsolicited bulk messages, upload malware, probe or overload our systems, scrape other customers' careers pages, resell the Service without a written partner agreement, or make hiring decisions that violate anti-discrimination law. The full Acceptable Use Policy at ats.apexsales.ai/legal/acceptable-use is part of these Terms.
Apex ATS scores and sorts Applicants to help you review them. It does not make hiring decisions and must not be used as the sole basis for one. You remain responsible for every decision about an Applicant and for any legally required notices or assessments in your jurisdiction relating to automated tools in hiring.
11.Intellectual property
The Service, including its software, design, documentation and trademarks, is owned by Caspian and its licensors and is protected by intellectual property law. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription in accordance with these Terms. No other rights are granted. You may not copy, modify, reverse engineer, or create derivative works of the Service except where the law allows.
Private label partners receive additional rights under a separate partner agreement, which controls in case of conflict.
12.Feedback
If you send us ideas, suggestions or feedback about the Service, you agree we may use them without restriction or compensation. We will not identify you as the source without permission.
13.Confidentiality
Each party may receive non-public information from the other that is marked confidential or that a reasonable person would treat as confidential ("Confidential Information"). Customer Data is your Confidential Information; the Service's non-public features, pricing not published on our website, and security details are ours. The receiving party will use Confidential Information only to perform under these Terms, protect it with reasonable care, and disclose it only to people who need to know and are bound by similar obligations, or where required by law after giving notice where lawful. These obligations last for three years after termination, and indefinitely for Customer Data and trade secrets.
14.Third-party services
The Service works with third-party services you choose to connect, such as Twilio for SMS, Resend for email, job boards that ingest your feed, and calendar tools. Your use of those services is governed by their terms, and you are responsible for the accounts and fees involved. We are not responsible for third-party services, their availability or their handling of your data, except for our subprocessors as described in the Data Processing Addendum.
15.Availability, support and changes to the Service
Support is available by email at [email protected]. Any response targets or availability commitments apply only if they are expressly included in an Order. The Service and its features may change over time, subject to applicable Orders.
16.Warranties and disclaimers
We warrant that the Service will perform materially as described in our documentation and that Professional Services will be performed with reasonable skill and care. Your sole remedy for breach of this warranty is for us to fix the problem or, if we cannot within a reasonable time, to refund prepaid fees for the affected period.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, CASPIAN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT RESUME PARSING OR SCORING WILL BE ACCURATE OR COMPLETE, OR THAT MESSAGES WILL BE DELIVERED BY CARRIERS OR MAIL PROVIDERS.
17.Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY.
EXCEPT FOR YOUR PAYMENT OBLIGATIONS, YOUR INDEMNITY OBLIGATIONS, AND EITHER PARTY'S BREACH OF CONFIDENTIALITY OR INFRINGEMENT OF THE OTHER'S INTELLECTUAL PROPERTY, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO CASPIAN IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations; in those places the limitations apply to the fullest extent allowed.
18.Indemnity
You will defend and indemnify Caspian and its officers, employees and contractors against third-party claims, and the resulting damages, costs and reasonable attorneys' fees, arising from (a) Customer Data, (b) messages you send through the Service, including alleged violations of the TCPA or similar laws, (c) your hiring decisions and employment practices, or (d) your breach of these Terms or of law.
Caspian will defend and indemnify you against third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes a US patent, copyright or trademark, and will pay resulting damages and costs finally awarded. If such a claim arises we may modify or replace the Service, obtain a license, or terminate the affected subscription and refund prepaid fees for the remainder of the term. This does not apply to claims caused by Customer Data, third-party services, or use in breach of these Terms.
The indemnified party must give prompt notice, allow the indemnifying party to control the defense and settlement (with no admission of fault by the indemnified party without consent), and provide reasonable cooperation.
19.Suspension and termination
Either party may terminate these Terms for material breach if the breach is not cured within 30 days of written notice. Ending a pilot or subscription follows the applicable Order. There is no free trial or Developer Program account unless one is expressly described in an Order.
We may suspend access immediately, with notice as soon as practicable, if we reasonably believe your use threatens the security or integrity of the Service, violates the Acceptable Use Policy or messaging obligations, or is unlawful, or if fees are overdue. We will limit any suspension to what is needed and restore access when the issue is resolved.
On termination your right to use the Service ends. Any data export, retention and deletion period follows the applicable Order and data-processing terms. Sections that by their nature should survive (including payment, ownership, confidentiality, disclaimers, limitation of liability, indemnity and governing law) survive termination.
20.Changes to these Terms
We may update these Terms from time to time. For material changes we will give at least 30 days' notice by email to the Workspace Owner or by a notice in the Service. The updated Terms apply from the stated effective date, or from your next renewal, whichever is later. If you do not agree, you may cancel before the change takes effect. Continued use after the effective date means you accept the updated Terms.
21.Governing law and disputes
These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict of laws rules. The state and federal courts located in Florida have exclusive jurisdiction over disputes arising out of or relating to these Terms, and each party consents to that jurisdiction. Before filing a claim, the parties will try in good faith to resolve the dispute through direct discussion for at least 30 days. Nothing here prevents either party from seeking injunctive relief to protect its intellectual property or Confidential Information.
22.General
These Terms, any applicable Order, any separately executed data-processing terms, the Acceptable Use Policy and the Privacy Policy are the entire agreement between us about the Service and replace any prior agreements on that subject. If any provision is unenforceable it will be modified to the minimum extent necessary and the rest remains in effect. Neither party may assign these Terms without consent, except to a successor in a merger or sale of substantially all assets, on notice. Neither party is liable for delay caused by events beyond its reasonable control. Notices to us go to [email protected]; notices to you go to the Owner's email on file. The parties are independent contractors. No waiver is effective unless in writing.
23.Contact
Caspian Solutions, operator of Apex ATS. Email [email protected] for questions about these Terms.
Last updated: September 2026.