Agreement to these terms#
These Terms of Service (these “Terms”) are a contract between Expanding Ranks LLC, a United States limited liability company (“Expanding Ranks LLC,” “we,” “us,” or “our”), and the organization that signs up for or uses the Expanding Ranks service (“Customer” or “you”). By creating an account, signing an order form, or using Expanding Ranks, you agree to these Terms on behalf of your organization.
If you are entering into these Terms on behalf of a company or other legal entity, you confirm that you have the authority to bind that entity.
The service#
Expanding Ranks is a business-to-business applicant tracking platform. It helps recruiting organizations manage candidates from first contact through hire.
Expanding Ranks connects to systems you already use. It is a connector, not a provider: it links to your organization's own email, calendar, meeting, and phone systems through connections you authorize. Expanding Ranks does not supply email, calendar, meeting, or phone service itself, and it does not send outreach as “Expanding Ranks.” Email sent through the platform goes out from the individual recruiter's own connected mailbox, under that recruiter's own identity.
You are responsible for the phone number, carrier account, and any required messaging registration (such as 10DLC registration for text messaging) used with your connected phone system. Expanding Ranks does not provide or register phone numbers on your behalf.
When you connect your own email, calendar, meeting, or phone systems to Expanding Ranks, you are granting us permission to access those systems only as needed to provide the Service to you. You are responsible for having the right to connect those accounts and for complying with the terms of the underlying providers (for example, your email provider, video conferencing provider, or telephony carrier).
You can disconnect any connected account at any time. Disconnecting may limit what the Service can do for you going forward.
We do not commit to an uptime figure in these Terms, and none should be read into them. We will say so here if that changes.
Accounts and eligibility#
You control who on your team gets access to Expanding Ranks (“Authorized Users”). You are responsible for keeping login credentials secure and for what Authorized Users do while using your account. Tell us right away if you believe an account has been compromised.
Subscriptions and fees#
Fees are charged per seat. The price per seat, the number of seats, and every other figure are on your order and not in these Terms, so a price change never requires republishing them.
You are billed monthly, in advance. Invoices are issued at the start of each monthly billing period for that period. Payment terms are on your order. Fees are non-refundable except where these Terms say otherwise.
We may change fees for a renewal term by giving you written notice at least thirty (30) days before the renewal date. If you do not want the new price, you may decline to renew. Fees do not change during a term you have already started.
Acceptable use#
Expanding Ranks sends outreach on your behalf, through your own connected accounts. That means your sending reputation, and the reputation of everyone else using the platform, depends on everyone following the same basic rules. You agree to:
- Only contact candidates you have a legitimate basis to contact, and honor opt-out and do-not-contact requests promptly.
- Comply with applicable law governing commercial email, calls, and text messages, including the CAN-SPAM Act, the Telephone Consumer Protection Act, and any state-level equivalents that apply to your outreach.
- Not use the Service to send unsolicited bulk communications, spam, or messages that violate the policies of your connected mail, calendar, meeting, or telephony providers.
- Not use the Service to store or transmit data you are not legally permitted to hold, including sensitive personal data you have not obtained proper consent for.
- Not attempt to reverse engineer, resell, or use the Service to build a competing product.
- Not attempt to access another customer's data or bypass the Service's access controls.
We may suspend access if we reasonably believe your use of the Service is putting other customers, the platform, or a third-party partner relationship at risk. We will tell you why, and work with you to resolve it, except where law or a partner's requirements prevent us from doing so.
Customer data and candidate data#
You own your data. “Customer Data” means the candidate records, résumés, notes, call and meeting metadata, call and interview transcripts, and other content that you or your Authorized Users put into Expanding Ranks, or that Expanding Ranks collects on your behalf through your connected systems. We do not claim ownership of Customer Data. We use it only to provide, support, secure, and operate the Service for you, and as this section and our Privacy Policy describe.
Recordings are not in that list, because we never hold one. Expanding Ranks does not store call or meeting recordings. Not by default, not as a paid option, not for any customer, at any time. A recording stays in your own phone system or meeting account, for however long your own administrator has set it to stay there, and we can neither extend that window nor shorten it. We can play a recording back inside Expanding Ranks by fetching it from your provider at the moment you press play, and we keep no copy.
One consequence of that, stated here rather than left for you to find later: a legal hold placed with us cannot preserve a recording. A hold applies to our own records, including the call or interview record and its transcript, and it has no reach into your provider's account or its deletion schedule. What a hold with us is, stated plainly: it is a commitment by people, not a lock in the software. We mark the records and we do not delete them. But an authorized user in your own organization who deletes a record while a hold is open will succeed, because the product does not yet stop them. So if you need records preserved, tell your own people too. We will say so here the day that changes. Once your provider has deleted a recording, it is gone and we have nothing to produce. If you need recordings to last longer, that is a setting and a plan with the provider that made the recording.
Record ownership is real, not a label. Expanding Ranks records which recruiter or team owns a given candidate record, and that is not only a way of attributing work. It decides who the record belongs to.
When someone leaves your team. Expanding Ranks is built so that a recruiter's own candidate relationships travel with that recruiter. That is deliberate, and a great deal of the product exists to make it true, so we are not going to tell you that everything a departing recruiter worked on stays with your organization. Exactly where the line falls between your organization's records and a departing recruiter's own is still being settled, and we would rather leave it open here than write a sentence we have to take back. Your order and your signed agreement govern. If this matters to you before you sign, ask us and we will tell you where it stands.
Getting your data out. You may export your Customer Data at any time during your subscription.
Intellectual property#
We own Expanding Ranks: the software, the platform, our trademarks, and any improvements we make. Nothing in these Terms transfers ownership of the Service to you. You own your Customer Data, as described in Section 6. We grant you a limited, non-exclusive, non-transferable right to access and use the Service during your subscription, for your own internal recruiting purposes.
Confidentiality#
We take security seriously and describe our practices in our Security Statement. We do not currently hold SOC 2, ISO 27001, or any other formal security certification, and we have not completed a third-party penetration test as of the date of these Terms. If that changes, we will update our Security Statement.
If we learn of a security incident that compromises the confidentiality, integrity, or availability of your Customer Data, we will notify you without undue delay, and in any event within seventy-two (72) hours of confirming it. The notification process is in the Data Processing Addendum.
We offer a standard Data Processing Addendum. It is a separate agreement between the same parties, signed on its own signature page, and once signed it is incorporated into these Terms and forms part of them. It governs how we handle personal data, including sub-processors, security measures, breach notification, data subject requests, deletion, and return. On the processing of personal data the Data Processing Addendum controls; on everything else these Terms control. Ask us and we will send it to you.
The companies that handle this application's data on our behalf are our sub-processors. We keep a current list of every one of them, with what each handles and where, and we will send it to you on request through the contact form on our Support page. You can also read it without asking, at Sub-processors. If you are a customer, we notify you in writing before any sub-processor changes, so you do not have to watch that page.
Each party may learn confidential information about the other in the course of this relationship. Each party agrees to protect the other's confidential information with the same care it uses for its own confidential information, and at least reasonable care, and to use it only for the purposes of this Agreement. This does not apply to information that is public, that you already knew, that you developed independently, or that you are required to disclose by law, provided you give notice where legally permitted before disclosing it.
Disclaimers#
The Service is provided “as is.” We do not guarantee it will be error-free or uninterrupted. To the extent allowed by law, we disclaim implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of liability#
Except for the carve-outs below, each party's total liability arising out of or relating to this Agreement will not exceed the fees Customer paid to Expanding Ranks LLC in the six (6) months immediately preceding the event giving rise to the claim.
This cap does not apply to: (a) either party's indemnification obligations under Section 11; (b) a breach of the confidentiality obligations in Section 8; or (c) a party's willful misconduct.
Neither party will be liable to the other for indirect, incidental, special, or consequential damages, or for lost profits or lost data, even if advised of the possibility.
Indemnification#
We will defend you against a third-party claim that Expanding Ranks, as provided by us and used in accordance with these Terms, infringes that third party's intellectual property rights, and we will cover the resulting damages finally awarded or agreed to in settlement, subject to the limitation in Section 10.
You will defend us against a third-party claim arising from your Customer Data, your use of the Service in violation of these Terms (including Section 5, Acceptable use), or your violation of applicable law, and you will cover the resulting damages finally awarded or agreed to in settlement, subject to the limitation in Section 10.
The party being defended will give prompt written notice of the claim, allow the defending party to control the defense and any settlement, and reasonably cooperate, at the defending party's expense.
The indemnification obligations in this Section 11 are not subject to the limitation of liability in Section 10, as stated there.
Term and termination#
Neither party is liable for a failure or delay in performing its obligations (other than payment obligations) caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government action, or widespread outages of infrastructure or services we rely on. The affected party will notify the other promptly and resume performance as soon as reasonably possible.
Your subscription runs month to month. Unless your order says otherwise, it continues month to month until you or we end it, and either of us may end it effective at the close of any monthly billing period.
Either party may terminate if the other materially breaches these Terms and does not fix the breach within 30 days of written notice.
What survives. Sections 13 (as to data return and export, for the window stated there), 8 (Confidentiality), 7 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), and 14 (Governing Law and Disputes) continue after these Terms end, along with any payment obligations for Service already provided.
Your data when this ends#
When you leave us. If your subscription ends, you may export your Customer Data at any time during the 30 days following termination. Once that 30-day export window closes, we will delete your Customer Data from our active systems within an additional 30 days, subject to internal review. 60 days in total.
Except for the records that have to outlive that window, and the main one is not a small exception. Candidate screening records, meaning the signals, responses, and scoring history behind a hiring decision, are kept for four years. California’s employment recordkeeping rule (Cal. Gov. Code 12946) requires records of that kind to exist for four years, and deleting them when you leave would destroy evidence that you may be the one required to produce. The federal floor (29 CFR 1602.14) is one year. They are different obligations, and where both apply the longer one governs. Records under a legal hold, an audit requirement, or an active dispute are also kept for as long as that requirement applies.
On the 60-day deletion itself, one thing we would rather you knew now than found out later. Deletion at the end of that window is started by us and needs a second approval, and there is no scheduled process that starts it automatically on day sixty. A clock that depends on somebody remembering is not a clock, so we will not state it as an unconditional promise until the process that runs it exists.
Governing law and disputes#
These Terms are governed by the laws of the State of Kansas, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Kansas, and each party consents to the personal jurisdiction and venue of those courts.
Changes to these terms#
We may update these Terms from time to time. If we make a material change, we will let you know by email or through the Service before it takes effect. Continuing to use Expanding Ranks after a change takes effect means you accept the updated Terms.
Assignment. Neither party may assign these Terms without the other's written consent, except that either party may assign them as part of a merger, acquisition, or sale of substantially all of its assets.
Independent contractors. We are independent businesses. Nothing here creates a partnership, joint venture, or employment relationship.
Entire agreement. These Terms, together with any order form and our Privacy Policy, are the whole agreement between us about the Service, and replace any earlier discussions or agreements about it.
Waiver. Failing to enforce a provision of these Terms one time does not give up the right to enforce it later.
If a provision is unenforceable. The rest of these Terms still apply.
Contact us#
Legal notices under these Terms must be in writing. You may send a notice to us by postal mail or through our contact form, and the two are not equivalent, so both are described.
By postal mail, to Expanding Ranks LLC, 8715 W 81st Street, Overland Park, Kansas 66204, United States, Attention: Legal. A notice sent this way is deemed received one business day after deposit with a nationally recognized overnight courier with tracking, or three business days after mailing by certified or registered mail, postage prepaid.
Through the contact form on our Support page. A notice sent this way is deemed received on the day it is submitted if submitted before 5:00 p.m. Central Time on a business day, and otherwise on the next business day.
Postal mail is the reliable method, and it is the one to use for a notice of breach or termination. A form submission depends on our systems being available to accept it, and a postal record does not. We will send notices to you at the account owner’s email address or the address on your order.
Questions about these Terms: the contact form on our Support page.
Security questions or to report a vulnerability: the contact form on our Support page, and see our Security Statement.