Terms of Service — adVantage for Recruiters and Employers

These terms are between you and us. By creating an account or using adVantage you accept them, and if you are acting for a company you confirm you may bind it. If you do not accept them, do not use the service.

Who we are

DataPoint adVantage ("adVantage", "we", "us") is a service of DataPoint Management and Consulting Inc., of British Columbia, Canada.

Contact for anything in this document: contact@datapoint-advantage.com

What adVantage does for you

You build a role profile from a job description, score candidate résumés against it, and rank them through a funnel from Not Checked to Shortlisted, Interviewing, Offered, Rejected or Accepted.

The score is advice, not a decision — see the section on what a Fit Score is.

Your account

You need a real email address and a password, and you must confirm the address before the service will spend anything on your behalf. You are responsible for keeping your password to yourself and for what happens under your account.

You must be able to enter into this agreement. You must be at least 16, old enough where you live to form a binding contract, and — if you are using adVantage for an organization — authorised to accept these terms on its behalf.

One account is one mode. An account created in candidate mode or in hiring mode stays in that mode permanently.

We may suspend or close an account that breaches these terms, that is used to abuse the service, or where we are required to.

Plans and allowances

Each plan grants a monthly allowance. The current plans and their limits are shown in the app and form part of these terms.

• Allowances reset on your subscription anniversary, not on the first of the month.
• An allowance does not roll over — unused capacity at the end of a period is gone.
• A failed call does not consume your allowance. A call that completes does, whether or not you like the answer.
• If your plan's limits shrink you keep what you already created; you simply cannot create more until you are under the new limit.

A free tier exists so you can see what the product does before paying. We may change what it includes.

Payment, cancellation and refunds — this part is not us

Freemius, Inc. is the merchant of record and sells adVantage as an authorized reseller. Your purchase contract is with Freemius, their terms govern it, and your card statement will carry their name.

Concretely:

• payment, invoices, payment methods, plan changes and cancellation go through Freemius, in their customer portal at https://customers.freemius.com/store/19309, not through us;
• we never see or hold your card details.

Freemius' terms are at https://freemius.com/terms/.

Refunds follow the refund policy shown to you at the point of purchase, which is the current one and takes precedence over anything stated here. We deliberately do not restate the period in this document: it is set where it is maintained, so it can change without reissuing these terms.

A paid plan renews automatically. It continues at the end of each billing period — monthly or annual, whichever you chose — and keeps renewing until you cancel. The price, the billing interval and your renewal date are shown when you subscribe and in the customer portal above.

You may cancel at any time, before or after a renewal date, without any fee or penalty. Cancelling stops the next renewal; it does not end the period you have already paid for. Access continues to the end of the current term, and your data is unaffected — see the deletion section.

Who owns what

We grant you the right to use adVantage. For as long as your account is open and you keep to these terms, you may use adVantage for your own hiring, on the plan you are on. The right is non-exclusive, non-transferable and revocable, it does not extend to anything in the section on what you must not do, and it does not include reselling adVantage or offering scoring to others as a service of your own.

You keep ownership of everything you upload. You grant us only the licence we need to run the service for you: to store your content, send it to our AI provider for extraction, and show it back to you. Nothing further.

We own adVantage itself — the application, the scoring engine and the prompts behind it.

Candidate data you upload is yours to account for

This is the most important clause in this agreement, because the documents you upload are about people who have no relationship with us.

You are the organization accountable to those candidates. We hold and process their information on your instructions and for no other purpose — under PIPEDA and PIPA we are your service provider, and under the GDPR we are your processor and you are the controller.

By uploading a candidate's document you confirm that:

• you have a lawful basis to hold that person's personal information and to have it assessed against a role;
• you have given that person whatever notice is required where they are, and where consent is required you have it;
• you will answer that candidate if they ask what you hold, ask for a copy, ask you to correct it or ask you to delete it — that request comes to you, not to us, and responding to it is yours;
• you are responsible for complying with the law that applies to you and to them, including employment, privacy, human rights, child protection and anti-discrimination law, and including any rule specific to automated or AI-assisted hiring tools in your jurisdiction or theirs.

What we do in return is set out in the Data Processing Addendum, at https://www.datapoint-advantage.com/dpa, which forms part of these Terms and which you do not sign separately. In short: we act only on your instructions, we never use candidate data for our own purposes or to train AI models, we tell you before adding a sub-processor, we help you answer a candidate and we tell you quickly if anything goes wrong. The Addendum states each of those as an obligation rather than an intention.

Your own retention policy is enforceable through us. If your organization purges candidate data after a set period, you can act on that here: deleting removes the documents and the personal data in them, and the data is actually gone. See the deletion section.

If a candidate contacts us directly, we will tell them that you hold their information and point them to you, and we will let you know. We will not act on their request without your instruction, because it is not ours to act on.

You cover us if this goes wrong. You will indemnify us against a claim by a candidate, by a regulator or by anyone else, and against the losses, liabilities, damages, costs and reasonable legal fees arising from it, to the extent it arises from a breach of this section — from holding a person's information without a lawful basis, from a notice you did not give, or from a request you did not answer. The procedure in the indemnity section of the Terms applies. This does not cover a claim to the extent it arises from our own breach of the Data Processing Addendum.

What you must not do

You must not use adVantage to break the law; upload malware; try to reach other customers' data; reverse-engineer or resell the service; or drive automated requests from outside the app in a way that avoids your allowance.

Candidate résumés go to Claude, and what we remove first

Extraction is done by Claude, an AI model operated by Anthropic in the United States. The text of the job descriptions and candidate résumés you upload is sent to Anthropic, which reads it and returns structured information about it.

The Fit Score is not produced by the model. Our own code calculates it from that structured information, using a fixed formula, which is what makes one candidate comparable with the next.

The candidate's identity is removed before the résumé is scored. The sequence matters, because one step sees the identity and the rest do not:

1. The résumé is first sent as it is so the model can locate the identifying parts — the candidate's name, email addresses, phone numbers and links. That is the only purpose of that step, and it is what makes redaction possible at all.
2. Those identifiers are removed from the text, and gendered pronouns and honorifics are replaced with neutral forms.
3. Every score sees only the redacted version. We then search the redacted text for every identifier we removed and report the result to you in the candidate's panel.

Redaction is a boundary around the scoring model, not around your records. You need to be able to contact the candidate, so the original résumé is still stored and you can view it, and the candidate's name and contact details are stored separately and shown to you.

It is automated and not guaranteed to be perfect. It reports what it could not remove rather than failing silently, but an unusually laid-out document can defeat it.

We do not use your data to train AI models, and our agreement with Anthropic does not permit them to train on it either — their Commercial Terms, which govern our use of the API, state that "Anthropic may not train models on Customer Content from Services".

How long Anthropic keeps what we send, and the rest of their handling of it, is set out in their own policies at https://privacy.claude.com. We link rather than restate it, because it is their document to change and a copy here would go stale without anyone noticing.

Deletion, and what deletion means

No billing event deletes anything. If a subscription lapses — a card expires, a renewal fails, you decide not to continue — your account drops to the free limits and everything you have stays exactly where it is. We do not delete data because you stopped paying, and we do not delete it because an account has gone quiet. A free account is still an account.

Deletion happens when you ask for it, and only then. Ask us to delete your data and we will, within 60 days.

Ending a subscription does not delete anything. Your account is still an account, so your data stays exactly where it is and you can pick it up again whenever you want. The only thing that removes it is an active request from you.

If you have a paid subscription, cancel it first. We do not delete data while a subscription is active. Cancellation is handled by our payment provider rather than by us, at https://customers.freemius.com/store/19309. A live subscription renews, and a renewal would create your account again — so we complete the deletion once it is cancelled. Cancelling before the end of a period you have paid for gives up the remainder.

Deleting removes the account itself, and everything in it. Not just the contents: the account record goes, so there is no free account left behind. The documents you uploaded, the text taken from them, the profiles built from them, scores, pipeline status, sessions and subscription records all go with it.

Timing. Once deletion is due we remove the data no earlier than 30 days and no later than 60, so that an accidental request can be undone and a real one is not left open indefinitely. Answering you is faster than that: we reply within 30 days, which is the limit PIPEDA sets.

How to ask. Use the form at https://www.datapoint-advantage.com/contact, or write to contact@datapoint-advantage.com. Either reaches us; the form gives you a reference number. You do not need to be able to sign in, and you do not need an account at all. We will do it and confirm when it is done.

What a Fit Score is, and is not

A Fit Score is a ranking aid, produced partly by an AI model. It is not a professional assessment, not a psychometric instrument, and not a decision.

• We do not guarantee it is accurate, consistent between runs, or suitable for any particular role or person.
• adVantage ranks. It does not decide, and it has no means to — it does not interview, does not contact anyone, and cannot hire or reject. Every employment decision is a person’s decision. You have the authority and the information to reach a different conclusion from the ranking, as the original résumé is available at any time in the process for your review. A review that confirms the order the scores produced is not a decision. You remain solely responsible for who you interview, hire or reject, and for complying with the laws and regulations that govern those decisions.
• adVantage does not assess, and must not be used to assess, any protected characteristic. Our redaction exists to keep such signals away from the model, not to measure them.

What our bias mitigation does, stated exactly. Before a résumé is scored we remove the candidate's name and the written variants of it, replace gendered pronouns with "the candidate", remove gendered honorifics (Mr, Mrs, Ms, Miss, Sir), rewrite gendered occupational nouns to neutral forms (chairman to chair, waitress to server), and remove the email addresses, phone numbers and links we extracted. The scoring model is not shown any of them.

What it does not do, and why it stops where it does. What remains in the résumé — where someone worked, what they studied, when, what languages they speak — is objectively relevant to assessing the candidate against the role, and removing it would remove the basis for the assessment itself. From that relevant information a model may still form an impression correlated with age, gender, ethnicity or nationality: graduation years suggest age, an employment gap may suggest caregiving, an employer or a volunteer organisation may suggest either. We do not remove it, because the alternative is scoring people on less of what the job actually calls for.

So we reduce the most direct signals. We do not claim to eliminate bias, and no automated system can. Nothing here is a representation that a score is free of bias, that it is fair, or that using adVantage satisfies any obligation you have about automated or AI-assisted hiring. You remain responsible for the decision and for the law that governs it, including any bias audit, candidate notice or impact assessment your jurisdiction or your candidate's requires.

Availability

We will try to keep adVantage running and we do not promise that it will be. There is no uptime commitment and no support-response commitment, and we may change, suspend or discontinue features. Where we can, we will give reasonable notice before removing something you depend on.

Warranties and liability

The service is provided "as is" and "as available". To the maximum extent the law allows we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

To the maximum extent the law allows, our total liability for all claims is limited to what you paid us in the twelve months before the claim, and we are not liable for indirect, incidental, special or consequential loss, lost profits, lost opportunities or loss of data.

Nothing here limits liability that cannot lawfully be limited, including liability for fraud or for death or personal injury caused by negligence. Consumer protection legislation may give you rights these terms cannot remove.

Indemnity

You cover us for claims that arise from how you use adVantage. You will indemnify us, and our directors, officers and employees, against any third-party claim, and against the losses, liabilities, damages, costs and reasonable legal fees arising from it, to the extent it arises from:

• content you upload or submit, including a claim that it infringes someone's rights;
• your use of adVantage in breach of these terms, including the section on what you must not do; or
• your breach of a law that applies to you.

How it works. We will tell you promptly about a claim we want covered, and you may control its defence with counsel of your choice. We will give you reasonable co-operation at your expense. You may not settle a claim in a way that imposes an obligation on us, or admits fault on our part, without our written consent.

What it does not cover. Nothing here requires you to cover a claim to the extent it arises from our own breach of these terms, and nothing here is a claim about the score itself — what a Fit Score is and is not is dealt with in its own section.

Ending it

You may stop using adVantage at any time and may ask us to delete your data — see the deletion section. Cancel your subscription through Freemius.

We may end your access for a material breach of these terms, and will tell you why unless the law prevents us.

The sections on your content, on what the score is, on liability, and on governing law survive termination.

Law and disputes

These terms are governed by the laws of British Columbia and the federal laws of Canada that apply there. The courts of British Columbia have jurisdiction, and you and we submit to them.

Changes to this document

We may change it. We post the new version with a new date, and for a material change affecting a paying customer we email you before it takes effect. Continuing to use adVantage after that is acceptance.

General

These terms are the whole agreement. They, together with the Privacy Policy and — where you use adVantage in hiring mode — the Data Processing Addendum, are the entire agreement between you and us about adVantage, and they replace anything said or written before. Nothing in this paragraph limits liability for fraud or fraudulent misrepresentation.

Which document governs if they disagree. The Data Processing Addendum governs the handling of candidate data. These terms govern everything else between you and us. Your purchase contract is with Freemius and their terms govern that purchase — see the payment section.

If a provision fails, the rest stands. Where a provision is held unenforceable it is to apply to the greatest extent the law allows, and to be severed only if it cannot. The remainder of these terms continues in force. In particular, a limitation of liability that is unenforceable in part remains effective to the extent it is enforceable.

Assignment. You may not assign or transfer these terms without our written consent. We may assign them to an affiliate, or to a successor in connection with a merger, acquisition or sale of the business to which they relate, on notice to you.

No waiver. A failure or delay in enforcing a provision is not a waiver of it, and a waiver on one occasion is not a waiver on another. A waiver binds us only if we give it in writing.

Notices. We give you notice by email to the address on your account, or in adVantage itself. You give us notice at contact@datapoint-advantage.com. A notice is effective when sent, unless it is returned undelivered.

Events outside our control. Neither of us is liable for a failure to perform caused by an event beyond our reasonable control, including the failure of a provider the service depends on. This does not excuse paying an amount already due.

What survives is set out in the section on ending it.