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Terms of Service

Effective Date: September 9, 2026  ·  Last Updated: September 9, 2026

1. Agreement to these Terms

These Terms of Service (the "Terms") form a legally binding agreement between Lighthouse Hiring Innovations ("Lighthouse", "we", "us", or "our") and the individual or entity that accesses or uses the Service ("Customer", "you", or "your").

You accept these Terms by doing any of the following: clicking a button or checkbox indicating acceptance; signing or otherwise accepting an Order Form that references these Terms; creating an account; or accessing or using the Service. If you do not agree to these Terms, you must not access or use the Service.

Authority. If you accept these Terms on behalf of a company, organization or other legal entity, you represent and warrant that you are at least the age of majority in your jurisdiction and that you have the authority to bind that entity to these Terms, in which case "Customer" refers to that entity. The Service is offered for business and professional use only, and not for personal, household or consumer purposes.

Order of precedence. If there is a conflict between documents, the following order of precedence applies: (a) a mutually executed Order Form or written agreement between the parties; (b) a Data Processing Addendum executed between the parties; (c) these Terms; and (d) the Documentation and any policies referenced in these Terms.

2. Definitions

  • "AI Output" means any content, score, ranking, summary, match, classification, recommendation, draft message or other output generated by the machine learning or artificial intelligence features of the Service.
  • "Authorized User" means an individual whom Customer permits to access the Service under Customer's account, including Customer's employees, contractors, agents and, where applicable, its clients.
  • "Candidate" means an applicant, prospect, referral or other individual whose personal information is submitted to or processed through the Service.
  • "Customer Data" means all data, content, files, resumes, applications, job descriptions, screening criteria, prompts, configurations, messages and other information that Customer or its Authorized Users submit to, or generate through, the Service, including Candidate personal information.
  • "Documentation" means the user guides, help centre articles and technical documentation that we make available for the Service.
  • "Order Form" means an ordering document, online plan selection, quote or subscription confirmation that specifies the plan, fees, term and any negotiated terms.
  • "Service" means the Lighthouse hiring platform, including the applicant tracking system, AI screening and scoring, talent rediscovery, hosted careers pages, automation engine, integrations, APIs, websites, mobile experiences, and any related support, in each case as made available by Lighthouse.
  • "Third-Party Service" means any product, service, integration, job board, applicant tracking system, model provider, or other offering that is not provided by Lighthouse and that connects to or interoperates with the Service.

3. The Service

3.1 What we provide. Subject to these Terms and payment of applicable fees, Lighthouse grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the subscription term to access and use the Service for Customer's internal business purposes, in accordance with the Documentation and any plan limits set out in the Order Form.

3.2 What we do not provide. Lighthouse is a software provider. Lighthouse is not an employer, joint employer, co-employer, employment agency, staffing agency, professional employer organization, recruiter of record, or background screening company, and does not act as a consumer reporting agency as that term is defined under the U.S. Fair Credit Reporting Act or under any comparable consumer reporting, credit reporting or background check legislation. The Service does not provide consumer reports or investigative consumer reports and must not be used for any purpose regulated by such legislation. Lighthouse does not provide legal, human resources, compliance, tax, accounting or other professional advice.

3.3 Changes to the Service. We are continually improving the Service and may add, modify, deprecate or remove features at any time. We will use commercially reasonable efforts not to materially degrade the core functionality of the Service during a paid subscription term. Features that depend on a Third-Party Service may change or become unavailable if that Third-Party Service changes or becomes unavailable.

3.4 Availability and support. Unless a written service level agreement is in place, the Service is provided without any uptime, availability or response time commitment. We may perform scheduled or emergency maintenance, and may need to take the Service offline to do so.

4. Accounts and Authorized Users

4.1 Registration. You must provide accurate, current and complete information when creating an account and keep it up to date. Accounts are for named users; credentials must not be shared, sold or transferred, and a single set of credentials must not be used by more than one individual.

4.2 Account security. You are responsible for maintaining the confidentiality of all credentials and API keys associated with your account, for configuring access controls appropriately, and for all activity that occurs under your account, whether or not authorized by you. You must notify us promptly at support@lighthousehiring.ca if you become aware of any unauthorized access or use.

4.3 Responsibility for Authorized Users. You are responsible for the acts and omissions of your Authorized Users as if they were your own, and for ensuring that each Authorized User complies with these Terms. If you provide access to the Service to your own clients (for example, as a recruiting agency), you remain fully responsible to us for their use and for their compliance with these Terms.

5. Fees, Billing and Taxes

5.1 Fees. You agree to pay all fees specified in your Order Form or plan selection. Except as expressly stated in these Terms or required by applicable law, fees are non-cancellable and payments are non-refundable, and there are no refunds or credits for partially used periods, unused capacity, or periods during which you did not use the Service.

5.2 Automatic renewal. Unless your Order Form says otherwise, subscriptions renew automatically at the end of each subscription term for a further term of the same length, at our then-current rates, unless either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current term. You may cancel renewal at any time before that deadline through your account settings or by contacting us.

5.3 Payment authorization. You authorize us and our third-party payment processors to charge your designated payment method for all fees when due, including renewal fees, usage-based charges and overages. You are responsible for keeping payment information current.

5.4 Late payment and suspension. Undisputed amounts not paid when due may accrue interest at the lesser of 1.5% per month (19.56% per year) and the maximum rate permitted by law, calculated from the due date until paid. If your account is more than fifteen (15) days past due, we may suspend the Service after providing notice, and you remain responsible for fees accrued during the suspension. You will reimburse us for reasonable costs of collection, including legal fees.

5.5 Price changes. We may change our fees effective as of the start of a renewal term by giving at least thirty (30) days' prior notice. Continued use after the change takes effect constitutes acceptance of the new fees.

5.6 Taxes. Fees are exclusive of all taxes, levies and duties, including GST/HST, provincial sales taxes, VAT and similar taxes. You are responsible for all such amounts, other than taxes assessed on our net income. If you are required to withhold any tax, you will gross up the payment so that we receive the full amount invoiced.

6. Trials, Beta Features and Free Access

We may offer free trials, pilots, proofs of concept, promotional access or beta, preview or early access features (collectively, "Trial and Beta Offerings"). Trial and Beta Offerings are provided "as is" and "as available" without any warranty, indemnity, service level or support obligation, and may be modified, suspended or discontinued at any time without notice or liability. They may contain defects and should not be relied upon for production hiring decisions. Unless we agree otherwise in writing, our total aggregate liability arising out of Trial and Beta Offerings is limited to one hundred Canadian dollars (CAD $100). At the end of a trial, we may delete associated Customer Data unless you convert to a paid subscription.

7. Customer Data and Ownership

7.1 You own your data. As between the parties, Customer owns and retains all right, title and interest in and to Customer Data. We claim no ownership over it.

7.2 License to us. You grant Lighthouse a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, index, display, process and otherwise use Customer Data solely as necessary to: (a) provide, maintain, secure and support the Service for you; (b) prevent or address technical, security, fraud or abuse issues; (c) comply with applicable law; and (d) improve the Service as permitted by Section 9.4 and any applicable Data Processing Addendum. This license ends when the relevant Customer Data is deleted from the Service, subject to routine backup retention.

7.3 Your representations about Customer Data. You represent and warrant, on an ongoing basis, that: (a) you have all rights, permissions, lawful bases and consents necessary to submit Customer Data to the Service and to permit the processing described in these Terms and the Privacy Policy; (b) you have provided all notices and obtained all consents required by applicable privacy and employment law, including any notice that automated tools or artificial intelligence are used in your hiring process; (c) Customer Data does not infringe or misappropriate the rights of any third party; and (d) your submission and use of Customer Data does not violate any applicable law or any agreement to which you are a party, including the terms of any job board, applicant tracking system or other Third-Party Service from which the data originated.

7.4 Roles of the parties. For the purposes of applicable data protection law, Customer is the controller (or business, or equivalent) with respect to Candidate personal information, and Lighthouse acts as processor (or service provider, or equivalent) processing that information on Customer's documented instructions. Customer is responsible for determining the lawfulness, purposes and means of its processing, and for responding to Candidate rights requests as described in our Privacy Policy.

7.5 Restricted data. Unless we have expressly agreed in writing, you must not upload to or process through the Service: government-issued identification numbers (such as social insurance or social security numbers), payment card data, financial account credentials, biometric identifiers, health or medical records, criminal record information, or any other category of information subject to heightened legal protection. You must not submit information about individuals under the age of sixteen (16), except where lawful and expressly permitted by us in writing.

7.6 Aggregated and de-identified data. We may generate and use aggregated, anonymized or de-identified data derived from use of the Service (for example, benchmarks, usage statistics, and model performance metrics) for any lawful business purpose, including operating, analyzing, improving and marketing the Service. Such data will not identify Customer, any Authorized User or any Candidate, and we will not attempt to re-identify it.

7.7 Retrieval and deletion. During your subscription term you may export Customer Data using the Service's export functionality. Following termination or expiry, we will make Customer Data available for export for thirty (30) days, after which we may delete it in the ordinary course, subject to backup retention cycles and any legal obligation to retain it. You are responsible for maintaining your own records, including any records that applicable employment or human rights legislation requires you to retain.

8. Your Responsibilities as an Employer

8.1 You make the hiring decisions. You are solely and exclusively responsible for all recruiting, screening, interviewing, selection, rejection, offer, compensation, promotion and termination decisions relating to Candidates and personnel, and for the consequences of those decisions. Lighthouse does not make, participate in, direct, control, approve or ratify any employment decision, and has no relationship with, or duty to, any Candidate.

8.2 Meaningful human review is required. You must not use AI Output as the sole or determinative basis for any adverse decision affecting a Candidate or employee. You agree to maintain meaningful human review by a qualified person with the authority and competence to assess, override and depart from AI Output before any such decision is made or communicated. Where applicable law (including Article 22 of the GDPR and UK GDPR) restricts decisions based solely on automated processing, you are responsible for ensuring your process complies, including by providing a route to human intervention, explanation and appeal.

8.3 Compliance with law. You are responsible for determining which laws apply to your hiring activities and for complying with all of them. Without limiting the generality of the foregoing, this includes, as applicable to you:

  • Anti-discrimination and human rights law, including Title VII of the U.S. Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Genetic Information Nondiscrimination Act, state and municipal fair employment laws, the Canadian Human Rights Act, provincial human rights codes (including the Ontario Human Rights Code), the UK Equality Act 2010, and equivalent legislation elsewhere;
  • Laws governing automated employment decision tools and artificial intelligence, including New York City Local Law 144 (including its bias audit, publication and candidate notice requirements), the Illinois Artificial Intelligence Video Interview Act, the Colorado Artificial Intelligence Act, California regulations governing automated decision systems in employment, the EU Artificial Intelligence Act (including obligations applicable to deployers of high-risk AI systems used in employment), and any comparable legislation;
  • Privacy and data protection law, including PIPEDA and provincial privacy legislation, Quebec's Law 25, the GDPR and UK GDPR, the CCPA/CPRA and other U.S. state privacy laws, and applicable biometric privacy laws;
  • Employment standards and pay transparency law, including job posting content and disclosure requirements, salary range disclosure obligations, and requirements to disclose the use of artificial intelligence in screening (such as those under Ontario's Employment Standards Act, 2000);
  • Background check and consumer reporting law, including the U.S. Fair Credit Reporting Act and equivalent legislation, which you must satisfy through a properly authorized consumer reporting agency and not through the Service;
  • Immigration, work authorization, records retention, accessibility and accommodation obligations, including obligations to provide reasonable accommodation and alternative selection processes to Candidates who request them.

8.4 Notices, consents and transparency. You are responsible for providing Candidates with all legally required notices and disclosures — including any notice that AI or automated tools are used, the characteristics or qualifications assessed, the source of the data used, and how to request an accommodation or alternative process — and for obtaining any required consents, before Candidate data is processed through the Service.

8.5 Bias audits and impact assessments. Where applicable law requires a bias audit, disparate impact analysis, algorithmic impact assessment, data protection impact assessment or similar assessment of the tools you use, obtaining and, where required, publishing that assessment is your obligation. On reasonable request, we will provide reasonable and commercially appropriate information about the Service's functionality to assist you, but we do not perform your assessments, and any information, documentation, audit results or certifications we provide are informational only, do not constitute legal advice, and do not discharge your obligations.

8.6 Your configuration is your responsibility. You control the job requirements, screening criteria, knockout questions, scoring weights, prompts, ranking thresholds, automation rules and message templates you configure in the Service. We do not review, approve or validate them. You are responsible for ensuring they are job-related, consistent with business necessity, and lawful, and for monitoring their effects on Candidates, including for adverse or disparate impact on protected groups.

8.7 Prohibited screening. You must not use the Service to screen, rank, target, exclude or infer information about Candidates on the basis of race, colour, ancestry, place of origin, citizenship, ethnicity, national origin, religion or creed, sex, pregnancy, sexual orientation, gender identity or expression, marital or family status, age, disability, genetic information, veteran or military status, criminal record where protected, union membership, or any other characteristic protected by applicable law, except where a bona fide occupational requirement or a lawful, documented affirmative action, employment equity or diversity reporting program permits it.

8.8 Acknowledgement of suitability. You acknowledge that you have independently evaluated the Service, including its AI features, for your intended use case and jurisdictions, that you are not relying on any representation not expressly set out in these Terms, and that you have consulted your own legal counsel to the extent you consider appropriate.

9. Artificial Intelligence and Decision Support

9.1 How the AI features work. Parts of the Service use machine learning, large language models and other artificial intelligence techniques — some operated by Lighthouse and some provided by third-party model providers — to parse, summarize, classify, enrich, score, rank and draft content. These systems are probabilistic. They can and will sometimes produce output that is inaccurate, incomplete, outdated, inconsistent, biased or fabricated, and identical inputs may produce different outputs at different times.

9.2 AI Output is a recommendation only. AI Output is provided for decision-support purposes only. It is not a determination of a Candidate's qualifications, suitability, character, honesty, work authorization, or fitness for a role, and it is not a prediction of job performance or a professional, legal or medical assessment. You must independently verify AI Output before relying on it, and must not represent AI Output to Candidates, regulators or others as a validated assessment or as the output of a process other than what it is.

9.3 No warranty of accuracy or fairness. We do not warrant that AI Output will be accurate, complete, current, reliable, free from bias, statistically validated, or compliant with any particular law, standard or framework. We make no representation that the Service, or your use of it, will satisfy any legal obligation applicable to you.

9.4 Training and improvement. We do not use Customer Data to train generally available foundation models, and we do not sell Customer Data or make it available to third parties to train their models. We may use Customer Data to operate, secure, troubleshoot and support the Service for you, and we may use aggregated and de-identified data as described in Section 7.6. Any use of Customer Data to train or fine-tune models specific to your account will occur only as described in the Documentation or as separately agreed with you in writing.

9.5 Model providers and changes. We may add, remove, substitute or update the models, model providers, versions and techniques used in the Service at any time, which may change the behaviour, wording, scoring or performance of AI features. Third-party model providers act as our subprocessors and are subject to contractual confidentiality and data protection obligations.

9.6 Ownership of AI Output. As between the parties, and subject to our rights in the Service under Section 13, you own the AI Output generated for your account and may use it for your internal business purposes in accordance with these Terms. You acknowledge that AI Output is not unique, that similar or identical output may be generated for other customers, and that you obtain no exclusivity in it.

10. Acceptable Use

You will not, and will not permit any Authorized User or third party to:

  • use the Service for any unlawful, fraudulent, deceptive, defamatory, harassing or discriminatory purpose, or in violation of Section 8;
  • post fictitious job listings, collect Candidate information under false pretenses, charge Candidates a fee to apply, or use the Service for any purpose other than genuine hiring or recruitment activity;
  • copy, modify, translate, adapt, or create derivative works of the Service, or reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, models, model weights, algorithms, prompts or underlying structure of the Service, except to the extent this restriction is expressly prohibited by applicable law;
  • use the Service, AI Output, or any data derived from either, to develop, train, fine-tune, benchmark, evaluate or improve any product or service that competes with the Service;
  • resell, sublicense, rent, lease, distribute, time-share or operate the Service as a service bureau for third parties, except as expressly permitted by your plan or Order Form;
  • scrape, crawl, harvest, or use automated means to extract data from the Service other than through documented APIs, or exceed documented rate limits or plan limits, or circumvent any technical restriction or access control;
  • upload or transmit malicious code, or interfere with, disrupt, degrade or impose an unreasonable load on the Service or its infrastructure;
  • conduct penetration testing, vulnerability scanning, load testing or security research against the Service without our prior written consent;
  • access the Service to monitor its availability, performance or functionality for competitive purposes;
  • send unsolicited or unlawful communications through the Service, or use it in violation of Section 12;
  • impersonate any person or entity, or misrepresent an affiliation with any person or entity; or
  • remove, obscure or alter any proprietary notice in the Service.

We may investigate suspected violations, and may remove or disable access to any content or account that we reasonably believe violates these Terms or applicable law, or that creates a risk of harm or liability to Lighthouse, its customers, Candidates or third parties. Where practicable and lawful, we will give you notice and an opportunity to remedy the issue first.

11. Third-Party Services and Integrations

The Service may interoperate with Third-Party Services, including applicant tracking systems, job boards, calendar and email providers, assessment vendors, identity providers, model providers and payment processors. Your use of a Third-Party Service is governed by that provider's terms and privacy policy, not these Terms. By enabling an integration, you authorize Lighthouse to access, transmit and process data through it on your behalf, and you represent that you have the right to grant that authorization and that doing so does not breach your agreement with that provider.

Third-Party Services are not under our control. We make no representation or warranty regarding them and are not responsible or liable for their availability, accuracy, security, content, pricing, practices, or for any change, interruption, suspension or termination of an integration or of the Third-Party Service itself.

12. Communications Sent Through the Service

The Service may allow you to send email, SMS, in-app and other messages to Candidates and others, including automated and AI-drafted messages. You are the sender of every such message. You are solely responsible for their content, timing, frequency and recipients, and for compliance with all applicable laws governing electronic communications, including Canada's Anti-Spam Legislation (CASL), the U.S. CAN-SPAM Act, the U.S. Telephone Consumer Protection Act (TCPA), applicable do-not-call and wireless messaging rules, and equivalent laws elsewhere.

You represent and warrant that you have obtained and will maintain all required consents from each recipient, that you will honour unsubscribe and opt-out requests promptly, that you will accurately identify yourself as the sender, and that you will not use the Service to send unsolicited commercial messages. You are responsible for any carrier fees, filtering, deliverability outcomes and sender-reputation consequences of your messaging.

13. Our Intellectual Property

13.1 Ownership. Lighthouse and its licensors own all right, title and interest in and to the Service, including all software, models, model weights, prompts, algorithms, scoring methodologies, user interfaces, designs, Documentation, and all improvements, enhancements and derivative works, together with all intellectual property rights in them. Except for the limited license expressly granted in Section 3.1, no rights are granted to you, whether by implication, estoppel or otherwise. All rights not expressly granted are reserved.

13.2 Feedback. If you provide suggestions, ideas, feature requests, bug reports or other feedback about the Service, you grant Lighthouse a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable and transferable license to use, reproduce, modify and exploit that feedback for any purpose, without restriction, attribution or compensation.

13.3 Trademarks. "Lighthouse", "Lighthouse Hiring", our logos and our other marks are our property. You may not use them without our prior written consent, except to accurately identify the Service.

14. Confidentiality

"Confidential Information" means non-public information disclosed by one party ("Discloser") to the other ("Recipient") that is designated as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. Our Confidential Information includes the Service's non-public features, security documentation and pricing; yours includes Customer Data.

The Recipient will use the Discloser's Confidential Information only as necessary to exercise its rights and perform its obligations under these Terms, will protect it using at least reasonable care, and will disclose it only to those of its personnel, affiliates, advisors and subprocessors who need to know it and are bound by confidentiality obligations at least as protective as these. Confidential Information does not include information that is or becomes public without breach, was rightfully known without a duty of confidentiality, is rightfully received from a third party, or is independently developed. A Recipient may disclose Confidential Information if legally compelled, provided that, where lawful, it gives prompt notice and reasonable cooperation to seek protective treatment. These obligations continue for three (3) years after disclosure, and for as long as the information remains a trade secret under applicable law.

15. Privacy, Security and Data Protection

15.1 Privacy Policy. Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

15.2 Data Processing Addendum. Where our processing of Candidate personal information on your behalf is subject to the GDPR, UK GDPR, or comparable data protection legislation, our Data Processing Addendum applies and is incorporated by reference. A copy is available on request from support@lighthousehiring.ca.

15.3 Security. We maintain administrative, technical and physical safeguards designed to protect Customer Data, including encryption in transit and at rest, access controls, and logical separation of customer environments. We may update these safeguards from time to time, provided we do not materially reduce the overall level of protection.

15.4 Shared responsibility. Security is a shared responsibility. You are responsible for configuring roles and permissions appropriately, promptly deprovisioning departing Authorized Users, enabling available security features, safeguarding credentials and API keys, and securing the devices and networks your Authorized Users use.

15.5 Incidents. If we become aware of a security incident affecting Customer Data, we will notify you without undue delay and provide information reasonably available to us to help you meet your own notification obligations. As controller, you are responsible for determining whether notification to Candidates, regulators or others is required, and for making it.

15.6 No absolute security. No system is completely secure. We do not warrant that the Service cannot be compromised, and we are not liable for unauthorized access resulting from causes beyond our reasonable control, including compromise of your credentials or systems.

16. Term, Suspension and Termination

16.1 Term. These Terms begin when you first accept them and continue until all subscriptions have expired or been terminated.

16.2 Termination for convenience. If you are on a month-to-month or free plan, you may terminate at any time through your account settings, effective at the end of the then-current billing period. Subscriptions with a fixed term may be terminated for convenience only as set out in the Order Form.

16.3 Termination for cause. Either party may terminate these Terms if the other party materially breaches them and fails to cure the breach within thirty (30) days after written notice. We may terminate immediately, without a cure period, if you breach Section 8, Section 10 or Section 13, if you become insolvent or subject to bankruptcy or similar proceedings, or if continuing to provide the Service would, in our reasonable judgment, violate applicable law or expose Lighthouse or any third party to material legal risk.

16.4 Suspension. We may suspend your access, in whole or in part, immediately and without liability if: your account is past due under Section 5.4; we reasonably believe your use threatens the security, integrity or availability of the Service or the rights of Candidates or third parties; we reasonably believe your use violates applicable law; or we are required to do so by law or by a Third-Party Service provider. We will restore access promptly once the cause of the suspension is resolved.

16.5 Effect of termination. On termination or expiry, your right to access the Service ends immediately, all unpaid fees accrued to the date of termination become due, and the export and deletion process in Section 7.7 applies. If we terminate for our convenience or you terminate for our uncured material breach, we will refund any prepaid, unused fees for the remainder of the then-current term. Sections 2, 5 (for accrued amounts), 7.1, 7.3, 7.6, 8, 9.2, 9.3, 10, 13, 14, 15.5, 16.5, 17, 18, 19, 22, 24 and 25 survive termination, together with any other provision that by its nature should survive.

17. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE, INCLUDING ALL AI OUTPUT, IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIGHTHOUSE AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.

Without limiting the foregoing, Lighthouse does not warrant that: the Service will be uninterrupted, timely, secure or error-free; defects will be corrected; the Service or its infrastructure is free of harmful components; AI Output will be accurate, complete, unbiased, validated or suitable for any purpose; the Service will detect or prevent unlawful, biased or discriminatory practices; or that use of the Service will result in any particular hiring outcome, candidate quality, time-to-hire, cost saving, compliance posture, or other result.

Any information, templates, checklists, guides, blog content, compliance summaries or audit materials made available by Lighthouse are provided for general informational purposes only, do not constitute legal, HR, compliance or professional advice, and are not a substitute for advice from your own qualified advisors.

Some jurisdictions do not allow the exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum scope and duration permitted by applicable law.

18. Indemnification

18.1 Your indemnity. You will defend, indemnify and hold harmless Lighthouse and its affiliates, and their respective officers, directors, employees, agents, contractors and licensors (the "Lighthouse Parties"), from and against any and all third-party claims, demands, actions, investigations and proceedings, and all resulting losses, damages, liabilities, penalties, fines, settlements, costs and expenses (including reasonable legal fees), arising out of or relating to:

  • Customer Data, including its collection, accuracy, content, and your right to submit and process it;
  • your or any Authorized User's access to or use of the Service, including any configuration, criteria, prompt, automation or message you create;
  • any employment or recruitment decision, practice, communication or omission by you or on your behalf, including any claim brought by a Candidate, applicant, employee, former employee, contractor, worker representative, class of any of them, or by a regulator or enforcement agency, alleging discrimination, disparate impact, failure to accommodate, wrongful failure to hire, wrongful termination, misclassification, breach of privacy, unlawful automated decision-making, or violation of any employment, human rights, AI, consumer reporting, or communications law;
  • your breach or alleged breach of these Terms, including Sections 7, 8, 10 and 12, or of any applicable law;
  • your violation of the rights of any third party, including intellectual property, privacy and publicity rights; or
  • your use of, or breach of the terms of, any Third-Party Service.

18.2 Our indemnity. We will defend you against any third-party claim alleging that the Service, when used by you in accordance with these Terms, infringes that third party's patent, copyright or trademark rights, and will pay damages finally awarded against you or amounts we agree in settlement of such a claim. This obligation does not apply to any claim arising from: Customer Data; your configuration, criteria, prompts or AI Output; combination of the Service with anything not provided by us; modification of the Service by anyone other than us; use of the Service in violation of these Terms or applicable law; continued use after we notify you to stop; or Trial and Beta Offerings or other free access. If the Service becomes, or we reasonably believe it may become, the subject of such a claim, we may at our option procure the right for you to continue using it, modify or replace it so that it is non-infringing, or terminate the affected subscription and refund prepaid, unused fees. This Section 18.2 states our entire liability and your exclusive remedy for third-party intellectual property claims.

18.3 Procedure. The party seeking indemnification will give the indemnifying party prompt written notice of the claim (though a delay only relieves the indemnifying party to the extent it is prejudiced), sole control of the defense and settlement, and reasonable cooperation at the indemnifying party's expense. The indemnifying party may not settle a claim in a way that imposes a non-monetary obligation on, or requires an admission of liability by, the indemnified party without its prior written consent, not to be unreasonably withheld. The indemnified party may participate with counsel of its own choosing at its own expense.

19. Limitation of Liability

19.1 Exclusion of indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY (AND, IN OUR CASE, NONE OF THE LIGHTHOUSE PARTIES) WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, REPUTATION, ANTICIPATED SAVINGS, OR FOR LOSS, CORRUPTION OR INACCURACY OF DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, IN EACH CASE HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

19.2 Employment-related losses. WITHOUT LIMITING SECTION 19.1, THE LIGHTHOUSE PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES, AWARDS, PENALTIES, FINES, SETTLEMENTS, BACK PAY, FRONT PAY, STATUTORY OR LIQUIDATED DAMAGES, REINSTATEMENT COSTS, LEGAL FEES OR OTHER LOSSES ARISING OUT OF OR RELATING TO ANY HIRING, SCREENING, SELECTION, REJECTION, EMPLOYMENT OR PERSONNEL DECISION MADE BY YOU OR ON YOUR BEHALF, OR TO ANY CLAIM BROUGHT BY A CANDIDATE, EMPLOYEE, CONTRACTOR OR REGULATOR IN CONNECTION WITH YOUR HIRING PRACTICES, WHETHER OR NOT AI OUTPUT OR THE SERVICE WAS USED IN CONNECTION WITH THAT DECISION OR PRACTICE.

19.3 Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE LIGHTHOUSE PARTIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, FOR ALL CLAIMS IN THE AGGREGATE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO LIGHTHOUSE FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE LIABILITY, AND (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

19.4 Exceptions. The limitations in Sections 19.1 and 19.3 do not apply to: your obligation to pay fees; your indemnification obligations under Section 18.1; either party's breach of Section 14 (Confidentiality); your infringement or misappropriation of our intellectual property; your violation of Section 10; or any liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, gross negligence or wilful misconduct.

19.5 Allocation of risk. You acknowledge that the limitations and exclusions in these Terms reflect a reasonable allocation of risk between the parties, form an essential basis of the bargain, and are reflected in the fees charged for the Service, and that we would not enter into these Terms without them.

19.6 Time limit on claims. To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the cause of action accrues, failing which it is permanently barred.

Some jurisdictions do not allow certain limitations or exclusions of liability, so some of the above may not apply to you. In that case, our liability is limited to the minimum extent permitted by applicable law.

20. Publicity

Unless you tell us otherwise in writing, we may identify you as a Lighthouse customer and use your name and logo on our website, in customer lists and in sales materials, in each case in accordance with any brand guidelines you provide. Any case study, quote or testimonial attributed to you requires your prior written approval. You may withdraw this permission at any time by emailing support@lighthousehiring.ca, and we will stop the relevant use within a reasonable period.

21. Force Majeure

Neither party is liable for any delay or failure to perform (other than an obligation to pay money) caused by circumstances beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labour disputes, governmental action, changes in law, failures of the internet or telecommunications networks, power outages, denial of service or other cyber attacks, and failures or interruptions of Third-Party Services, cloud infrastructure providers or model providers.

22. Governing Law and Dispute Resolution

22.1 Governing law. These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

22.2 Informal resolution. Before commencing any proceeding, the parties will attempt in good faith to resolve the dispute by written notice to the other party describing the dispute and the relief sought, followed by at least thirty (30) days of good-faith discussion between representatives with authority to settle.

22.3 Jurisdiction. The parties irrevocably attorn and submit to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in Toronto, for any dispute not resolved informally, and waive any objection based on venue or forum non conveniens. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

22.4 No class proceedings; jury waiver. To the maximum extent permitted by applicable law, each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY.

23. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will provide at least thirty (30) days' notice before it takes effect, by email to your account administrator, by notice within the Service, or by posting on this page, and we will update the "Last Updated" date above. Changes apply prospectively. Your continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms. If you do not agree to a change, you must stop using the Service and may terminate your subscription as of the change's effective date, in which case we will refund any prepaid, unused fees for the remainder of the then-current term. Changes required by law or addressing a security risk may take effect immediately.

24. General Provisions

24.1 Entire agreement. These Terms, together with any Order Form, Data Processing Addendum, the Privacy Policy and the Documentation, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous proposals, discussions and agreements on that subject. Any purchase order, vendor portal terms or similar document issued by Customer is for administrative convenience only, and its terms have no effect.

24.2 Assignment. You may not assign or transfer these Terms, in whole or in part, without our prior written consent, including by operation of law or change of control; any attempt to do so is void. We may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets. These Terms bind and benefit the parties and their permitted successors and assigns.

24.3 Independent contractors. The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, franchise, employment or co-employment relationship between the parties or between Lighthouse and any Candidate or Authorized User.

24.4 No third-party beneficiaries. Except for the Lighthouse Parties with respect to Sections 17, 18 and 19, there are no third-party beneficiaries to these Terms. No Candidate acquires any right against Lighthouse under these Terms.

24.5 Notices. We may give notice by email to the address associated with your account, by posting within the Service, or by posting on our website. You must give notice to us in writing at support@lighthousehiring.ca, with a copy by mail to the address in Section 25. Notice is effective on receipt, or on the day after sending by email if no delivery failure is received.

24.6 Severability and waiver. If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions remain in full force. A party's failure or delay in enforcing any provision is not a waiver of it, and any waiver must be in writing to be effective.

24.7 Export, sanctions and anti-corruption. You represent that you are not located in, ordinarily resident in, or organized under the laws of, any country or territory subject to comprehensive economic sanctions, and that you are not listed on any restricted party or sanctions list maintained by Canada, the United States, the United Kingdom, the European Union or the United Nations. You will comply with all applicable export control, sanctions and anti-bribery laws in connection with your use of the Service.

24.8 Government use. If you are a government entity, the Service is a "commercial item" consisting of "commercial computer software" and "commercial computer software documentation", and is provided with only those rights granted to all other customers under these Terms.

24.9 Headings and interpretation. Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation". References to a statute include its regulations and any successor legislation.

24.10 Language. The parties have expressly requested and required that these Terms and all related documents be drawn up in the English language. Les parties ont expressément demandé et exigé que la présente convention et tous les documents qui s'y rattachent soient rédigés en langue anglaise.

25. How to Contact Us

Questions about these Terms, or notices under them, may be sent to:

Lighthouse Hiring Innovations
Email: support@lighthousehiring.ca
Address: 10 Dundas St, Floor 6, Toronto, ON, M7A 1G1, Canada

See also our Privacy Policy for details on how we handle personal information.