Terms of Service

1. Acceptance of Terms

By accessing or using MoonTrack™ ATS ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization. If you do not agree, you must not access or use the Service.

These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and MoonTrack™ ATS ("MoonTrack™ ATS," "we," "our," or "us"), a product of Stanley & Akatu HR Partners, Africa. They govern your access to and use of the MoonTrack™ ATS platform, including all related APIs, integrations, mobile applications, and documentation.

2. Eligibility & Registration

• You must be at least 18 years of age (or the age of majority in your jurisdiction) to use this Service.
• If you are registering on behalf of an organization, you must be an authorized representative with the legal authority to bind that entity to these Terms.
• You must provide accurate, current, and complete registration information and keep it updated.
• You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You must notify us immediately at security@moontrackhr.com of any unauthorized use of your account.
• We reserve the right to refuse registration, suspend, or terminate accounts at our discretion.

3. Description of Service

MoonTrack™ ATS is a cloud-based, AI-powered applicant tracking and recruitment platform. The Service includes, but is not limited to:

• Job posting creation and management, including multi-board distribution
• Candidate intake, tracking, and pipeline management
• AI-assisted candidate screening, scoring, and skills extraction
• Interview scheduling, panel management, and scorecard evaluation
• Offer letter generation, e-signature workflows, and onboarding
• Analytics dashboards, reporting, and KPI tracking
• Messaging, email communications, and nurture campaigns
• Career portal and public job listings
• HRIS and third-party integrations
• API access (subject to separate API terms)

4. Subscription & Billing

4.1 Plans & Fees

The Service is offered on a subscription basis under various plans as described on our pricing page. Fees are based on the plan selected, number of users, and any add-on features. All fees are quoted in US Dollars unless otherwise stated.

4.2 Payment Terms

Payment is due in advance for each billing period (monthly or annually). You authorize us to charge the payment method on file. Invoices for enterprise plans are due within 30 days of the invoice date (Net-30).

4.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel at least 30 days before the renewal date. Renewal is at the then-current pricing.

4.4 Refund Policy

Annual subscriptions may be cancelled within 14 days of initial purchase for a full refund. Monthly subscriptions are non-refundable. Service credits issued under the SLA are not treated as refunds.

4.5 Price Changes

We may change pricing with at least 60 days' written notice. Price changes take effect at the start of the next billing period following the notice period.

4.6 Taxes

All fees are exclusive of applicable taxes. You are responsible for any sales, use, VAT, GST, or similar taxes, excluding taxes based on MoonTrack™ ATS's net income.

5. Service Level Agreement

MoonTrack™ ATS aims to provide high availability for the production Service, excluding scheduled maintenance windows communicated at least 72 hours in advance. Specific uptime targets may vary by plan.

5.1 Service Availability

MoonTrack™ ATS strives to maintain consistent service availability. In the event of significant unplanned downtime, customers on paid plans may contact support to discuss appropriate remedies on a case-by-case basis.

5.2 Support Response Targets

• P1 Critical (service down): 15 minutes acknowledgement, continuous work until mitigation
• P2 High (major feature impaired): 1 hour acknowledgement, mitigation within same business day
• P3 Medium (minor feature impaired): 1 business day acknowledgement
• P4 Low (general inquiry): 2 business day acknowledgement

5.3 Exclusions

The SLA does not apply to outages caused by: (a) customer actions or misconfigurations, (b) force majeure events, (c) third-party platform outages outside MoonTrack™ ATS's control, or (d) alpha/beta features expressly labelled as non-production.

6. AI & Automated Processing

The Service uses artificial intelligence and machine-learning models to assist with candidate screening, skills extraction, scoring, job-description generation, and recruitment analytics ("AI Features"). By using AI Features, you acknowledge and agree:

• Assistance, not replacement: AI Features provide recommendations to augment human decision-making. They do not make final hiring, rejection, or legally significant decisions autonomously.
• Human oversight required: In compliance with GDPR Article 22 and equivalent regulations, no solely automated decision with legal or similarly significant effects is made without meaningful human review. Your organization is responsible for ensuring a qualified human reviews AI-generated recommendations before acting on them.
• No guarantee of accuracy: AI-generated outputs (scores, summaries, skills extraction) are probabilistic and may contain errors. You should independently verify AI outputs before relying on them.
• Fairness monitoring: MoonTrack™ ATS employs algorithmic fairness guardrails and bias monitoring. Fairness events are logged and auditable. We publish annual fairness reports on our Trust Center.
• Data usage: Customer data processed by AI Features is used only to provide the Service to you. We do not use your data to train general-purpose models shared with other customers unless you explicitly opt in to anonymised aggregated model improvement programs.
• Opt-out: You may disable specific AI Features from your organization settings at any time without terminating your subscription.

7. Data Processing Agreement

Where MoonTrack™ ATS processes personal data on your behalf, we act as a data processor and you act as the data controller (or equivalent terms under applicable law). Our standard Data Processing Agreement (DPA) is incorporated by reference into these Terms and is available upon request at legal@moontrackhr.com.

The DPA addresses:

• Scope and purpose of personal data processing
• Data subject categories and data types
• Processor obligations (documented instructions, access controls, breach notification)
• Subprocessor management and notification
• Data subject rights assistance
• International data transfer mechanisms (Standard Contractual Clauses)
• Data return and deletion upon termination
• Audit rights

Enterprise customers may negotiate supplemental DPA terms. Contact your account manager for details.

8. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation
• Engage in discriminatory hiring practices based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information, veteran status, or any other legally protected characteristic
• Submit false, misleading, or fraudulent information, including fabricated candidate profiles or job postings
• Scrape, data-mine, or systematically extract data from the Service through automated means (except via authorized APIs)
• Reverse-engineer, decompile, or attempt to derive the source code, algorithms, or models underlying the Service
• Use AI Features to circumvent employment laws, anti-discrimination statutes, or candidate privacy rights
• Impersonate any person, entity, or misrepresent your affiliation with an organization
• Interfere with, disrupt, or place undue burden on the Service or its infrastructure
• Attempt to gain unauthorized access to any systems, accounts, or data
• Upload malicious code, viruses, or harmful content
• Resell, sublicense, or redistribute the Service without our prior written consent
• Use the Service to store or process data in violation of applicable data protection laws (e.g., GDPR, CCPA)

Violation of these acceptable use terms may result in immediate suspension or termination of your account without refund.

9. Intellectual Property

All content, features, functionality, trademarks, logos, and trade dress of the Service are owned by Stanley & Akatu HR Partners, Africa (MoonTrack™ ATS product owner) and are protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works without our express written permission.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during your subscription term.

10. User Content & Data Ownership

Your data is yours. You retain all ownership rights in data you submit to the Service ("Customer Data"), including candidate information, job descriptions, evaluations, communications, and documents.

By submitting Customer Data, you grant MoonTrack™ ATS a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and display such data solely for the purpose of providing, maintaining, and improving the Service for you. We do not sell your Customer Data.

Aggregated & anonymised data: We may create anonymised, aggregated statistical data derived from your use of the Service (e.g., platform usage trends, benchmark metrics). Such aggregated data does not identify you or any individual and may be used by MoonTrack™ ATS for product improvement, research, and benchmarking.

11. Confidentiality

Each party agrees to hold the other party's Confidential Information in strict confidence and not to disclose it to any third party except as necessary to perform obligations under these Terms or as required by law (with prompt notice where legally permitted).

"Confidential Information" includes Customer Data, business plans, pricing, security configurations, API keys, and any information marked as confidential. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party, (b) was known to the receiving party prior to disclosure, (c) is independently developed, or (d) is lawfully received from a third party without restriction.

Confidentiality obligations survive termination of these Terms for a period of three (3) years, except for trade secrets which are protected indefinitely.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. AI FEATURES ARE PROVIDED AS DECISION-SUPPORT TOOLS AND THEIR OUTPUTS ARE NOT GUARANTEED TO BE ACCURATE, COMPLETE, OR FREE FROM BIAS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOONTRACK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MOONTRACK'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO MOONTRACK DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100). THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED.

14. Indemnification

14.1 Customer Indemnification

You agree to indemnify, defend, and hold harmless MoonTrack™ ATS and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws, including employment and anti-discrimination laws, or (d) Customer Data that infringes upon the rights of any third party.

14.2 MoonTrack™ ATS Indemnification

MoonTrack™ ATS will indemnify and defend you from third-party claims that the Service (excluding Customer Data and third-party integrations) infringes a valid United States patent, copyright, or trademark, provided you: (a) promptly notify MoonTrack™ ATS in writing, (b) grant MoonTrack™ ATS sole control over the defence and settlement, and (c) provide reasonable cooperation.

15. Termination

15.1 Termination by You

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. No refund is provided for partial periods except as described in Section 4.4.

15.2 Termination by MoonTrack™ ATS

We may suspend or terminate your access immediately, without prior notice, if you: (a) materially breach these Terms, (b) fail to pay fees when due after a 15-day cure period, (c) engage in activity that threatens the security or integrity of the Service, or (d) are subject to bankruptcy or insolvency proceedings.

15.3 Data Export & Deletion

Upon termination, you have 30 days to export your Customer Data via the Service's data export tools or by contacting support. After the 30-day window, we will delete your Customer Data from our active systems within 60 days, except where retention is required by law. Backups containing your data may persist for up to 90 additional days before being purged.

15.4 Surviving Provisions

Sections relating to intellectual property, confidentiality, limitation of liability, indemnification, dispute resolution, and any accrued payment obligations survive termination.

16. Dispute Resolution

16.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@moontrackhr.com and attempt to resolve the dispute informally for at least 30 days.

16.2 Binding Arbitration

If informal resolution fails, any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in San Francisco, California. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.3 Class Action Waiver

You agree that any dispute resolution proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action. If this waiver is deemed unenforceable, the entire arbitration agreement shall be null and void.

16.4 Exceptions

Either party may seek injunctive or equitable relief in a court of competent jurisdiction for claims involving intellectual property infringement, confidentiality breaches, or threats to platform security.

17. Export Compliance

The Service may be subject to United States export control laws and regulations, including the Export Administration Regulations (EAR) and sanctions programs administered by the Office of Foreign Assets Control (OFAC). You agree not to export, re-export, or transfer the Service or any data obtained through the Service to any country, entity, or individual prohibited under applicable export control laws.

18. Changes to Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days' notice via email or an in-app notification before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree with the changes, you may terminate your subscription before the effective date.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. For any disputes not subject to arbitration, the exclusive venue shall be the state and federal courts located in San Francisco County, California.

20. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, DPA, and any Order Forms, constitute the entire agreement between you and MoonTrack™ ATS.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.
• Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign these Terms without our prior written consent. MoonTrack™ ATS may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
• Force Majeure: Neither party shall be liable for delays or failures in performance caused by events beyond reasonable control, including natural disasters, acts of government, pandemics, war, terrorism, or infrastructure failures.
• Notices: All legal notices must be sent in writing to the addresses specified in the Contact section or via email to the registered account holder.

21. Contact Information

For questions about these Terms, please contact us at:

MoonTrack™ ATS, a product of Stanley & Akatu HR Partners, Africa.
Attn: Legal Department
Email: legal@moontrackhr.com
Phone: +2348038257162