Terms of Service

By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services. If you use the Services on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.

• “Customer” means an employer or partner organization that purchases the Services.
• “Authorized User” means an individual a Customer enables to use the Services, including HR administrators, employees, and providers.
• “Flex Credits” means the program currency a Customer allocates to participants to spend on eligible marketplace services.
• “Customer Data” means data submitted to the Services by or on behalf of a Customer or its Authorized Users.

You must provide accurate account information and keep it current. You are responsible for safeguarding credentials and for all activity under your account. You must be at least the age of majority in your jurisdiction and capable of forming a binding contract. Notify us promptly of any unauthorized use.

Customers are responsible for configuring programs appropriately and for the lawful basis to enroll their Authorized Users. Customers must:

• Provide required privacy notices to, and obtain any necessary consents from, their Authorized Users.
• Ensure their use of the Services complies with applicable employment, privacy, and anti-discrimination laws.
• Manage access and permissions for their Authorized Users.

You agree not to:

• Use the Services for any unlawful, infringing, or harmful purpose.
• Attempt to gain unauthorized access to the Services or other accounts, or to bypass the privacy boundary between employer analytics and employee workspaces.
• Reverse engineer, scrape, or copy the Services except as permitted by law.
• Upload malicious code or interfere with the integrity or performance of the Services.
• Misrepresent your identity or affiliation, or use the Services to discriminate unlawfully against any individual.

Flex Credits are a program benefit allocated by a Customer and may be redeemed only for eligible services in the Ture marketplace, subject to program rules. Flex Credits have no cash value, are non-transferable, and are not redeemable for cash except where required by law. Marketplace services are provided by third-party partners; Ture facilitates discovery and redemption but is not the provider of those services and does not warrant them. Unused Flex Credits may expire at the end of a program as configured by the Customer.

The Services may interoperate with third-party products, integrations, and marketplace partners. Your use of third-party services is governed by their terms, and Ture is not responsible for them. We may disable an integration that creates a security or legal risk.

Ture and its licensors own all rights in the Services, including software, content, and trademarks. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the Services during your subscription. You retain ownership of Customer Data and grant Ture the rights necessary to provide and improve the Services, including the right to use de-identified and aggregated data.

Fees for paid Services are set out in the applicable order form. Unless stated otherwise, fees are non-refundable, exclusive of taxes, and due as invoiced. We may suspend Services for non-payment after reasonable notice. Marketing of free trials or pilots, if any, is subject to the terms presented at sign-up.

Each party may access the other's confidential information and will use it only to perform under these Terms, protect it with reasonable care, and not disclose it except to those who need to know and are bound by similar obligations. This does not apply to information that is public, independently developed, or rightfully obtained from a third party.

The Services are provided “as is” and “as available.” To the maximum extent permitted by law, Ture disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, or that any career or hiring outcome will result from their use.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Except for excluded claims (such as breaches of confidentiality, indemnification obligations, or amounts owed), each party's total liability arising out of these Terms will not exceed the amounts paid or payable by the Customer for the Services in the twelve months before the event giving rise to the claim.

You will defend and indemnify Ture against third-party claims arising from your Customer Data, your use of the Services in violation of these Terms, or your violation of law. Ture will defend and indemnify you against third-party claims that the Services, as provided by Ture, infringe a third party's intellectual property rights, subject to customary exclusions.

These Terms apply while you use the Services. Either party may terminate for material breach not cured within thirty (30) days of notice. We may suspend or terminate access immediately for security, legal, or acceptable-use reasons. On termination, your right to use the Services ends, and we will make Customer Data available for export for a limited period before deletion, consistent with our Privacy Policy.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts located in Ontario, Canada, except that either party may seek injunctive relief in any court of competent jurisdiction. Where a signed agreement specifies a different governing law or venue, that agreement controls.

We may update these Terms from time to time. When changes are material, we will update the “Last updated” date above and provide notice where required. Your continued use of the Services after an update constitutes acceptance of the revised Terms.

These Terms, together with any order form and our Privacy Policy, are the entire agreement between the parties regarding the Services. If any provision is found unenforceable, the remaining provisions remain in effect. Neither party may assign these Terms without the other's consent, except in connection with a merger or sale of substantially all assets. Our failure to enforce a provision is not a waiver.