Terms & Conditions
Effective Date: 02-01-2025
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“System User,” “you,” or “your”) and Spheric, Inc.(“Spheric,” “we,” “us,” or “our”) governing your access to and use of Spheric's software platform and related services (the “Platform”).
For purposes of these Terms, “System Users” include both businesses seeking to hire or evaluate candidates (“Employers”) and individuals who create profiles, submit applications, or otherwise participate in hiring processes through the Platform (“Applicants”).
By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.
1. Overview of Services
Spheric provides a software platform designed to assist Employers in identifying, evaluating, and managing potential employment or contractor relationships.
The Platform may include:
- Tools for sourcing and evaluating Applicants;
- AI-assisted screening, assessments, and interview functionality;
- Candidate profile management tools; and
- Related support services.
Spheric is not a staffing agency, employment agency, employer of record, or law firm. Spheric does not employ Applicants and does not enter into employment or contractor agreements on behalf of Employers. Any employment or contractual relationship formed through use of the Platform exists solely between the Employer and the Applicant.
2. System User Responsibilities
- Comply with all applicable laws and regulations;
- Provide accurate, complete, and current information;
- Use the Platform solely for lawful purposes; and
- Refrain from misusing, disrupting, or attempting to gain unauthorized access to the Platform.
Employers are solely responsible for all hiring decisions, employment classifications, compensation structures, and compliance with employment laws.
Applicants are solely responsible for the accuracy of submitted materials and for compliance with any obligations arising from their employment or contractor relationships.
3. Fees and Billing (Employers Only)
Employers must pay all applicable fees in full prior to posting a role on the Platform.
All pricing and charges are disclosed at checkout prior to submission of a job posting. By submitting a role, Employer authorizes Spheric to charge the payment method provided for all disclosed fees.
Each job posting remains active for up to fourteen (14) days unless manually extended. Job postings automatically deactivate upon expiration of this period.
If an Employer elects to close a role prior to the expiration of the fourteen (14) day posting period, it is the Employer's sole responsibility to close the posting through the Platform. All fees are non-refundable once a role has been posted.
If an Employer initiates a chargeback, payment dispute, or legal action seeking recovery of properly disclosed and authorized fees, and Spheric prevails in such dispute, Employer agrees to reimburse Spheric for reasonable attorneys' fees, arbitration costs, court costs, and related expenses incurred in defending such claim.
4. Intellectual Property
All content, software, algorithms, documentation, trademarks, service marks, and proprietary materials made available through the Platform are and shall remain the exclusive property of Spheric.
Subject to compliance with these Terms, Spheric grants System Users a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely for its intended purposes.
No ownership rights are transferred under these Terms.
5. Disclaimers
The Platform is provided on an “as is” and “as available” basis.
Spheric makes no representations or warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability.
Spheric does not provide legal, tax, or employment advice. All hiring decisions and employment relationships are solely between Employers and Applicants.
Spheric does not guarantee that any Applicant will receive employment or that any Employer will identify suitable candidates.
6. Limitation of Liability
To the maximum extent permitted by law, Spheric's aggregate liability arising out of or relating to these Terms or use of the Platform shall not exceed the total amount paid by the Employer to Spheric in the six (6) months preceding the event giving rise to the claim.
In no event shall Spheric be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, or business interruption.
7. Marketing Use
System Users grant Spheric a non-exclusive, royalty-free license to use company names, logos, and anonymized or redacted Applicant materials (including resumes, profiles, interviews, and assessments) for marketing, educational, and product demonstration purposes.
Personal contact information will not be publicly disclosed.
Any System User may opt out of marketing use by submitting written notice to support@spheric.com. Spheric will cease such use within a commercially reasonable time.
8. Data Use and Retention
Applicant profiles and related materials form part of Spheric's broader talent network and are not exclusive to any single Employer unless expressly agreed in writing.
If an Applicant is introduced to an Employer for a specific role, Spheric may make that Applicant available to other Employers for relevant roles after fourteen (14) days.
Applicants may apply to multiple roles through the Platform at any time.
For Employers on non-enterprise plans, Spheric guarantees retention of candidate data and related materials for up to twelve (12) months from the date of collection. While deletion is not a routine practice, Spheric does not guarantee storage beyond this period unless otherwise agreed in writing.
9. Indemnification
Each System User agrees to defend, indemnify, and hold harmless Spheric and its affiliates, officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to:
- Such System User's use of the Platform;
- Such System User's violation of these Terms; or
- Any dispute between an Employer and an Applicant.
10. Dispute Resolution; Governing Law
Any dispute arising out of or relating to these Terms shall be resolved exclusively by binding arbitration administered by the American Arbitration Association in San Antonio, Texas, in accordance with its commercial arbitration rules.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas.
11. Changes to Terms
Spheric reserves the right to modify these Terms at any time. Updated Terms become effective upon posting. Continued use of the Platform after the effective date of changes constitutes acceptance of the revised Terms.
12. Contact Information
For legal inquiries, contact: