ProPivotal Terms of Use

1. Acceptance of Terms

Welcome to the ProPivotal website and any successor site(s) thereto (the “Site”),
operated by ProPivotal (“ProPivotal,” “we,” or “us”). By accessing or using the Site, you
acknowledge that you have read, understood, and agree to be bound by these Terms of
Use and our Privacy Policy. If you do not agree, you must not access or use the Site.

2. Eligibility and Authority

By using the Site, you affirm that you are of legal age to enter into these Terms. If you
are using the Site on behalf of a corporation, partnership, or other entity (an
“Organization”), you represent and warrant that you have the legal authority to bind
such Organization to these Terms.

3. License and Intellectual Property

Subject to your compliance with these Terms, ProPivotal grants you a limited, non-
exclusive, non-transferable, revocable license to access the Site for your personal, non-
commercial use or for the purpose of doing business with ProPivotal. All content,
including text, images, and logos (the “Marks”), are the exclusive property of ProPivotal
and are protected by U.S. and international copyright and trademark laws. You may not
frame this site or link to any page other than the home page without express written
permission.

4. Candidate Terms

If you register as a candidate or submit a résumé (“Candidate”), the following applies:

  • No Guarantee: ProPivotal does not guarantee that you will receive any
    employment or job offers through the Site.
  • Authorization: You authorize ProPivotal and its clients to make inquiries into
    your work and educational history to evaluate your credentials.
  • Accuracy: You certify that all Candidate Information and résumés provided are
    true and accurate. Misstatements may result in the removal of your account or
    termination of any placement.
  • No Charge: There is no charge for Candidates to use the Site. ProPivotal will
    never require a payment from a Candidate.

5. Customer (Client) Terms

If you are a business client (“Customer”) using the Site to manage job orders or talent:

  • Account Security: You are solely responsible for all activities undertaken within
    your account and for maintaining the confidentiality of your login credentials.
  • Data Use: You agree to use Candidate Information solely for the purpose of
    evaluating individuals for potential work and in compliance with all privacy laws.

6. User-Submitted Materials

You retain ownership of any materials you submit (e.g., résumés). However, you grant
ProPivotal a worldwide, royalty-free, perpetual, and irrevocable license to use,
reproduce, and distribute such materials for the purpose of providing our staffing and
recruitment services. You represent that you have all necessary rights to grant this
license.

7. Rules of Conduct

In connection with the Site, you agree NOT to:

  • Use the Site for any illegal, fraudulent, or unauthorized commercial purpose.
  • Use any robot, spider, or "scraper" to systematically download, harvest, or "data
    mine" Site content or Candidate Information.
  • Transmit any virus, worm, or malicious software intended to damage or hijack
    hardware or software.
  • Reverse engineer, decompile, or disassemble any portion of the Site.
  • Post or transmit any material that is defamatory, abusive, or violates the privacy
    of others.

8. Feedback

Any ideas or suggestions provided to ProPivotal regarding the Site (“Feedback”) shall
automatically become the intellectual property of ProPivotal. We may use such
Feedback for any purpose without restriction or compensation to you.

9. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN “AS IS” BASIS. PROPIVOTAL DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL BE
UNINTERRUPTED, SECURE, OR ERROR-FREE.

10. Limitation of Liability

PROPIVOTAL AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF
THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION IS TO STOP USING THE
SITE. THE MAXIMUM AGGREGATE LIABILITY OF PROPIVOTAL FOR ALL
DAMAGES SHALL BE $100.

11. Indemnification

You agree to indemnify and hold harmless ProPivotal from any claims, damages, or
legal fees arising out of your misuse of the Site, your breach of these Terms, or your
violation of any third-party rights.

12. Governing Law

These terms shall be governed by the laws of the United States and the state in which
ProPivotal operates, without regard to conflict of law principles.

13. SMS/Text Messaging

By providing your phone number, you agree that ProPivotal may send text messages to
your wireless number for any purpose. Message and data rates may apply. You may
Opt-out at any time by replying “STOP”. For more information, visit
http://propivotal.com/privacy-policy.

14. Contact Us

If you have questions regarding these Terms, please contact us at:

ProPivotal
155 Federal Street, Suite 304, Boston, MA 02110

Updated: January, 2026