Terms and Conditions

Introduction

These Terms of Use govern access to and use of the Mercury Recruit Applicant Tracking System (ATS), including its associated web-based administrative portals, applications, and the official Mercury Recruit marketing website (collectively, the “Platform”)

The Platform is owned and operated by Mercury 360 Co., a company registered in the State of Texas, United States of America (“Mercury 360,” “we,” “our,” or “us”).

By accessing or using the Platform, including any website, application, or service, you (“User,” “you,” or “your”) agree to comply with and be bound by these Terms of Use, the Privacy Policy, and, where applicable, any Commercial Subscription Agreement entered into with Mercury 360 Co.

Acceptance of Terms

• By accessing, browsing, registering for, or using any part of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
• These Terms incorporate by reference the Privacy Policy published by Mercury 360 Co., which explains how personal and organizational data is collected, used, and processed.
• If you or your organization have entered into a separate Commercial Subscription Agreement with Mercury 360 Co., that agreement governs subscription pricing, billing, service levels, and commercial terms. In the event of a conflict, the Commercial Subscription Agreement shall prevail with respect to those matters, and these Terms shall govern general Platform usage.
• These Terms apply to all Users, including employers, administrators, recruiters, hiring managers, employees, candidates, external collaborators, and website visitors.
• If you do not agree to these Terms, you must not access or use the Platform.

Eligibility and Access

Use of the Platform is limited to individuals who are at least eighteen (18) years of age or who have reached the age of majority under applicable law.

Access to certain features may require registration or authorization by an employer or tenant organization.

Mercury 360 Co. reserves the right to restrict, suspend, or terminate access to the Platform at any time if a User violates these Terms or applicable laws.

Account Registration and Security

Users who create an account must provide accurate, current, and complete information during registration.

Each User is responsible for maintaining the confidentiality of their login credentials and for all activities conducted under their account.

Mercury 360 Co. shall not be liable for any loss or damage arising from unauthorized access resulting from a User’s failure to safeguard account credentials.

If you suspect unauthorized access or a security breach, you must promptly notify us at support@mercury360.com

Permitted Uses

• The Platform is provided solely for legitimate recruitment, hiring, and organizational management purposes.
• Users may use the Platform to create and manage job postings, process candidate applications, communicate with candidates and colleagues, and manage recruitment workflows in compliance with applicable laws.
• Candidates may use the Platform to apply for job opportunities, submit resumes, and communicate with prospective employers.

Prohibited Conduct

Users shall not:

• Use the Platform for unlawful, fraudulent, or abusive purposes.
• Upload or transmit content that is defamatory, obscene, discriminatory, or infringes the rights of others.
• Reverse engineer, decompile, disassemble, or modify any part of the Platform.
• Circumvent or interfere with security, encryption, or authentication mechanisms.
• Use automated scripts, bots, or scraping tools without prior written consent.
• Impersonate another person or misrepresent organizational affiliation.

User-Generated Content

• Users are solely responsible for all information, text, images, or other materials submitted through the Platform.
• Employers and recruiters are responsible for ensuring that candidate and employee data are collected and processed lawfully.
• Mercury 360 Co. does not verify the accuracy or legality of User-submitted content and shall not be liable for errors, omissions, or misrepresentations.
• By submitting content, Users grant Mercury 360 Co. a non-exclusive, worldwide, royalty-free license to host, store, process, and display such content solely for the purpose of operating and improving the Platform.

Intellectual Property

• All rights, title, and interest in and to the Platform, including software, databases, text, graphics, designs, trademarks, logos, and underlying technology, are and shall remain the exclusive property of Mercury 360 Co.
• Users are granted a limited, non-exclusive, non-transferable, revocable right to access and use the Platform for its intended purpose.
• Users may not copy, reproduce, distribute, modify, or create derivative works from any part of the Platform without prior written authorization.
• The names “Mercury 360”, “Mercury Recruit”, and all related logos and trademarks are owned by or licensed to Mercury 360 Co. Unauthorized use is strictly prohibited.

AI Features Disclaimer

• Certain features of the Platform may utilize artificial intelligence or automated processing, including resume parsing, job description generation, and candidate scoring.
• AI-generated outputs are provided for efficiency and informational purposes only and do not constitute professional, legal, or employment advice.
• Mercury 360 Co. does not guarantee the accuracy, completeness, or suitability of AI-generated outputs and is not responsible for employment or hiring decisions made based on such outputs.

Third-Party Services and Links

• The Platform may include integrations or links to third-party services such as LinkedIn, Google, Microsoft, or DocuSign.
• Use of third-party services is governed by their respective terms and privacy policies. Mercury 360 Co. is not responsible for the availability, performance, or data handling practices of third-party services.

Privacy and Data Handling

• All personal and organizational data processed through the Platform is handled in accordance with the Privacy Policy published by Mercury 360 Co.
• Employers are responsible for providing required notices and obtaining lawful consent from candidates and employees before uploading or processing their data in the Platform.
• Users may manage or disable cookies through browser settings. Disabling essential cookies may affect Platform functionality.

Termination or Suspension

• Mercury 360 Co. reserves the right to suspend or terminate User access, without prior notice, for any violation of these Terms or misuse of the Platform.
• Users may discontinue use of the Platform at any time.
• Upon termination, all rights granted to the User shall immediately cease, and access credentials may be deactivated.

Disclaimers

• The Platform is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied.
• Mercury 360 Co. does not warrant uninterrupted operation, error-free performance, or absolute security.
• Mercury 360 Co. shall not be responsible for data loss, service interruptions, or failures caused by external factors, including internet outages, force majeure events, or third-party actions.

Limitation of Liability

• To the maximum extent permitted by law, Mercury 360 Co. shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, goodwill, or data.
• Mercury 360 Co.’s total cumulative liability for any claim arising out of or relating to the Platform shall not exceed the amount paid by the Subscriber for the Platform during the six (6) months preceding the event giving rise to the claim.
• Nothing in these Terms limits liability for fraud or willful misconduct where such limitation is prohibited by law.

Changes to Terms

• Mercury 360 Co. may update these Terms of Use from time to time by posting the revised version on the Platform or website.
• Continued use of the Platform after such updates constitutes acceptance of the revised Terms.

Governing Law and Dispute Resolution

• These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to conflict of law principles.
• The parties shall first attempt to resolve any dispute amicably within thirty (30) days of written notice.
• If unresolved, any dispute shall be subject to the exclusive jurisdiction of the state or federal courts located in Texas, and the parties consent to such jurisdiction and venue.

Contact Information

Mercury 360 Co.
2201 Spinks Rd Ste 252 · Flower Mound, TX 75022
Email: support@mercury360.com