Terms of Use

Last Updated: May 31, 2025

Welcome to CV Shortlister (the "Service"), a SaaS application provided by LydiaSoft LLC ("Company," "we," "us," or "our"), accessible via the domain cvshortlister.com. These Terms of Use ("Terms") govern your access to and use of our Service.

By accessing or using the Service, you ("User," "you," or "your") agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service. If you are using the Service on behalf of an organization or entity ("Institution"), then you are agreeing to these Terms on behalf of that Institution, and you represent and warrant that you have the authority to bind the Institution to these Terms. In that case, "you" and "your" will refer to that Institution.

1. Description of Service

CV Shortlister is a SaaS application designed to help Human Resources (HR) professionals and recruiters streamline their hiring process. The Service allows users to upload job descriptions and resumes, calculate matching scores for applicants, manage an institutional resume pool, and link resumes to specific job applications. The Service includes features for listing candidates who have applied to a job and proactively sourcing candidates from the institution's resume pool.

2. User Accounts

  • Account Creation: To use CV Shortlister, you may need to register for an account and provide certain information as prompted by the registration form. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
  • Account Responsibility: You are responsible for safeguarding your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
  • Institutional Accounts: All data, including for "Solo Recruiter" plans, is scoped to an Institution. Users within an Institution will have access to the Institution's global resume pool and job description pool.

3. Subscription Tiers and Services

CV Shortlister offers various subscription tiers, currently including "Solo Recruiter," "Hiring Team," and "Enterprise."

  • Solo Recruiter and Hiring Team: These tiers typically operate on a shared server environment.
  • Enterprise: This tier may include provisions for a dedicated server environment.

Features and limitations for each tier are detailed on our pricing page or as otherwise communicated. We reserve the right to modify or introduce new tiers and features.

4. Data Handling and Ownership

  • User Data: You (or your Institution) retain all ownership rights to the content you upload to the Service, including job descriptions and resumes ("User Content").
  • Institutional Resume Pool: When users upload resumes for a specific job description, the resumes are first added (or de-duplicated based on factors like checksum or candidate email within the institution) into the Institution's central resume pool. A separate mechanism then links that resume to the specific job description it was submitted for, creating an "application" record.
  • Data Usage: This two-step process allows the Service to:
    • List all candidates who have explicitly applied to a given job description.
    • Leverage the entire institutional resume pool to proactively source and suggest relevant candidates for job descriptions, even if those individuals haven't directly applied to that particular role.
  • License to Us: By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our (and our successors' and affiliates') business, including for the purpose of providing and improving the Service.
  • Privacy: Our collection and use of personal information in connection with the Service are described in our Privacy Policy, which is incorporated by reference into these Terms. You are responsible for ensuring that your use of the Service and your User Content comply with all applicable data privacy laws and regulations.
  • Data Security: We will implement reasonable and appropriate measures designed to help secure your User Content against accidental or unlawful loss, access, or disclosure.

5. User Responsibilities and Conduct

You agree not to:

  • Use the Service for any illegal or unauthorized purpose.
  • Upload or transmit any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
  • Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service.
  • Use the Service to build a competitive product or service.

6. Intellectual Property Rights

  • Our IP: The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of LydiaSoft LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the State of Virginia, USA and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
  • Feedback: If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use and exploit such Feedback for any purpose without any obligation or compensation to you.

7. Fees and Payment

  • Subscription Fees: You agree to pay all applicable fees for the subscription tier you select, as described on our pricing page or in a separate agreement with us.
  • Billing: We may use a third-party payment processor to bill you through a payment account linked to your account. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms.
  • Renewals: Subscriptions may automatically renew unless canceled. You are responsible for canceling your subscription if you do not wish to renew.
  • Changes in Fees: We reserve the right to change our subscription fees upon reasonable prior notice to you.

8. Service Availability and Support

  • Availability: We will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for planned downtime, emergency maintenance, or any unavailability caused by circumstances beyond our reasonable control.
  • Support: Support services for your selected tier will be as described on our website or in your subscription agreement.

9. Termination

  • Termination by You: You may terminate your account and these Terms at any time by following the instructions within the Service or by contacting us.
  • Termination by Us: We may suspend or terminate your access to the Service, at our sole discretion, at any time and without notice or liability to you, including if you breach these Terms, or if we are required to do so by law.
  • Effect of Termination: Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. We may delete your User Content upon termination, subject to our data retention policies and applicable law.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT (A) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LydiaSoft LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL IN NO EVENT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNTS PAID BY YOU TO US FOR THE PAST TWELVE MONTHS FOR THE SERVICES IN QUESTION.

12. Indemnification

You agree to defend, indemnify, and hold harmless LydiaSoft LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) User Content.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of Laws of the United States of America and the State of Virginia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

15. Contact Information

If you have any questions about these Terms, please contact us.

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