Article 1 — Agreement and Acceptance
These Terms of Service (the “Terms”) form a binding agreement between Truepear and the person or organization accessing or using the Platform or Services. “Truepear,” “we,” “us,” and “our” refer to the Truepear business entity providing the Platform and Services. “You” and “your” refer to the applicable Authorized Organization and each Authorized User.
By creating an account, selecting an acceptance checkbox, starting a trial, purchasing a subscription, accessing the Platform, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and the documents incorporated by reference.
If you accept these Terms on behalf of a dental practice, professional entity, company, partnership, or other organization, you represent that you have authority to bind that organization. If you do not have such authority or do not agree to these Terms, you may not access or use the Platform or Services.
Article 2 — Definitions
For purposes of these Terms:
- “Authorized Organization” means the dental practice or other organization that creates, purchases, or is approved to use a Truepear account.
- “Authorized User” means an individual whom an Authorized Organization permits to access the Platform through that organization’s account.
- “Candidate Information” means information relating to job applicants, prospective candidates, employees, or other individuals presented, uploaded, entered, analyzed, or maintained through the Platform.
- “Confidential Information” means nonpublic information disclosed by one party to the other that reasonably should be understood as confidential.
- “Platform” means Truepear’s subscription-based software, website features, dashboards, hiring tools, team-management tools, scorecards, workflows, and related technology.
- “Services” means the Platform and related support, functionality, features, and services made available under these Terms.
- “Third-Party Services” means third-party software, infrastructure, integrations, payment providers, job platforms, communications services, hosting services, data services, or other external products or services used with or supporting the Platform.
- “Truepear Score™” means Truepear’s proprietary candidate-evaluation and matching output, including related components, explanations, scorecards, indicators, or analyses.
- “User Content” means information, materials, data, text, files, job descriptions, notes, employment records, Candidate Information, and other content submitted to or through the Platform by or for an Authorized Organization or Authorized User.
Article 3 — Eligibility and Account Registration
You must be at least eighteen years old and legally capable of entering into a binding agreement to use the Services. The Authorized Organization must provide accurate, complete, and current registration, billing, practice, and contact information.
You are responsible for maintaining accurate account information and promptly updating any material changes. Truepear may reject, suspend, restrict, or terminate an account if information is false, misleading, incomplete, outdated, or associated with suspected unlawful, abusive, fraudulent, or unauthorized activity.
Account approval, trial eligibility, subscription availability, and access to particular features may be subject to verification, payment authorization, technical requirements, and Truepear’s then-current eligibility rules.
Article 4 — Authorized Use and Account Security
The Platform is licensed solely for the internal business use of the Authorized Organization that registered for and pays for the applicable account. Unless Truepear expressly agrees otherwise in writing, an account may be used only for the affiliated practice or organization identified during registration.
You may not share, sell, sublicense, lend, transfer, or provide account credentials or Platform access to another practice, organization, colleague, affiliated entity, friend, consultant, or third party so that such person or entity may avoid purchasing its own subscription or account.
Each Authorized User must use unique credentials where available. You are responsible for safeguarding passwords, access links, devices, and account credentials and for all activity conducted through your account, except to the extent caused solely by Truepear’s breach of these Terms.
You must promptly notify Truepear at info@truepear.com of suspected unauthorized access, compromised credentials, or other account-security concerns. Truepear may require password resets, suspend sessions, restrict access, or take other protective measures.
Article 5 — Subscription, Trial, Billing, and Renewal
The Platform is currently offered through a paid subscription, which may include a fourteen-day trial when displayed during registration or checkout. The price, trial period, included features, usage limits, taxes, discounts, and billing frequency presented at checkout are incorporated into these Terms.
A valid payment method may be required before a trial begins. Unless canceled before the trial expires, an eligible trial automatically converts to the paid subscription shown at checkout, and the payment method on file may be charged.
Paid subscriptions automatically renew for successive billing periods unless canceled through the available billing portal or another method expressly provided by Truepear. Cancellation generally prevents future renewal charges but does not retroactively reverse charges already incurred.
Truepear may change subscription pricing or plan structure prospectively by providing notice through the Platform, email, checkout flow, billing portal, or another reasonable method. Price changes will not apply retroactively to completed billing periods.
You are responsible for applicable sales, use, excise, value-added, or similar taxes, excluding taxes imposed on Truepear’s net income. Payment processing may be performed through Third-Party Services, and your use of those services may also be subject to their terms.
Article 6 — Platform Access and Feature Availability
Subject to these Terms and payment of applicable fees, Truepear grants the Authorized Organization a limited, revocable, nonexclusive, nontransferable, nonsublicensable right to access and use the Platform during the applicable subscription term.
Features may include the Hiring Command Center, candidate-management tools, Truepear Score™, team-management functions, onboarding workflows, review tracking, account tools, billing tools, and other functionality Truepear makes available.
Trials may provide limited or masked access. Candidate names, contact details, resumes, identifying information, or other features may remain unavailable until the account becomes active and paid. Trial, subscription, plan, position, storage, candidate, or feature limits may apply.
Truepear may improve, modify, replace, add, suspend, or discontinue features from time to time. We do not guarantee that every feature, integration, layout, workflow, report, or Third-Party Service will remain unchanged or continuously available.
Article 7 — Hiring Tools and Candidate Information
The Platform is designed to help organize hiring activity and support business decision-making. It does not act as the employer, staffing agency, background-screening company, credentialing authority, legal advisor, human-resources department, or decision-maker for the Authorized Organization.
The Authorized Organization remains solely responsible for job requirements, job postings, candidate communications, interviews, reference checks, background checks, credential verification, licensure verification, immigration compliance, compensation decisions, hiring decisions, employment offers, workplace safety, employment classification, and compliance with applicable law.
Candidate Information may be supplied by candidates, Authorized Users, Third-Party Services, or other sources. Truepear does not guarantee that Candidate Information is complete, current, accurate, authentic, lawful, or sufficient for any employment decision.
You must use Candidate Information only for legitimate, lawful hiring and employment-related purposes and must not use it for harassment, discrimination, identity theft, unauthorized marketing, resale, data brokering, or any unrelated purpose.
Article 8 — Truepear Score™ and Decision Support
The Truepear Score™ and related analyses are proprietary decision-support tools. They may consider resume information, job criteria, work traits, user-selected priorities, questionnaires, structured data, inferred relationships, or other available information.
The Truepear Score™ is not a guarantee of candidate quality, job performance, retention, cultural compatibility, licensure, competence, safety, honesty, legal eligibility, or hiring success. Scores and analyses may contain errors, omissions, assumptions, approximations, or limitations.
The Authorized Organization must independently evaluate each candidate and must not rely solely on a Truepear Score™, candidate card, ranking, recommendation, summary, or automated output when making an employment decision.
You are responsible for ensuring that your hiring process and use of Platform outputs comply with applicable equal-employment, anti-discrimination, disability, privacy, consumer-reporting, labor, and employment laws.
Article 9 — Team Management and Employment Administration
Team-management features may help organize employee records, onboarding tasks, reviews, recognition, dates, documents, compliance reminders, or other administrative information. These features are organizational tools only.
Truepear does not verify employee credentials, professional licenses, certifications, training, continuing education, performance, disciplinary history, payroll information, tax status, employment classification, legal eligibility, or compliance with workplace obligations.
The Authorized Organization is solely responsible for maintaining legally required personnel records, notices, policies, consents, retention practices, payroll systems, timekeeping, benefits administration, workplace investigations, accommodations, disciplinary actions, and employment-law compliance.
Article 10 — User Content, Permissions, and Responsibilities
As between the parties, the Authorized Organization retains its ownership rights in User Content. You grant Truepear and its service providers a worldwide, nonexclusive, royalty-free right to host, store, reproduce, transmit, process, analyze, display, modify for technical purposes, and otherwise use User Content as reasonably necessary to provide, secure, maintain, improve, and support the Services and comply with law.
You represent and warrant that you have all rights, permissions, notices, consents, and lawful bases necessary to submit and use User Content through the Platform and to authorize Truepear’s processing under these Terms.
You are responsible for the legality, accuracy, quality, integrity, and appropriateness of User Content. You must not submit protected health information unless Truepear has expressly agreed in writing to receive it under an appropriate agreement.
Truepear may remove, restrict, preserve, or disclose User Content when reasonably necessary to enforce these Terms, protect the Platform or others, respond to legal process, investigate suspected misconduct, or comply with law.
Article 11 — Privacy, Confidentiality, and Data Security
Truepear’s collection and use of personal information is described in the Truepear Privacy Policy, which is incorporated into these Terms by reference.
Each party will use reasonable care to protect the other party’s Confidential Information and will use it only as necessary to perform or exercise rights under these Terms. Confidential Information does not include information that is publicly available through no breach, already lawfully known without restriction, independently developed, or lawfully received from another source.
Truepear uses reasonable administrative, technical, and organizational safeguards designed to protect information. No system, transmission, storage method, integration, or security measure is completely secure, and Truepear cannot guarantee absolute security or uninterrupted availability.
The Authorized Organization is responsible for configuring access appropriately, training Authorized Users, limiting unnecessary data entry, maintaining secure devices and networks, and complying with applicable privacy and data-protection requirements.
Article 12 — Acceptable Use and Prohibited Conduct
You may not, and may not permit another person to:
- use the Platform unlawfully, fraudulently, deceptively, or in violation of another person’s rights;
- reverse engineer, decompile, disassemble, decode, scrape, copy, frame, mirror, or attempt to derive source code, models, scoring logic, algorithms, or nonpublic functionality;
- circumvent access controls, subscription limits, masking, security measures, usage limits, or technical restrictions;
- upload malware, harmful code, unlawful content, infringing content, or data obtained without proper authority;
- interfere with Platform operation, probe vulnerabilities, conduct unauthorized penetration testing, overload infrastructure, or access another account;
- use Platform outputs, Candidate Information, or User Content to build or improve a competing product, database, model, scoring system, or service;
- resell, sublicense, commercially exploit, or provide the Platform as a service bureau without Truepear’s written consent;
- use the Platform to discriminate unlawfully or make decisions prohibited by applicable law; or
- remove or obscure ownership, trademark, copyright, confidentiality, or proprietary notices.
Truepear may investigate suspected violations and may suspend or terminate access when reasonably necessary to protect the Services, users, candidates, third parties, or Truepear.
Article 13 — Intellectual Property
Truepear and its licensors own all right, title, and interest in and to the Platform, Services, software, interfaces, designs, workflows, documentation, branding, content, databases, compilations, scoring methodology, models, algorithms, analyses, reports, and improvements, excluding User Content.
Truepear™, Truepear Score™, related names, logos, trade dress, and product identifiers are or may be trademarks of Truepear. No right to use Truepear branding is granted except as expressly authorized in writing.
If you provide feedback, suggestions, concepts, ideas, or recommendations, you grant Truepear a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate them without restriction or compensation, provided Truepear does not publicly identify you as the source without permission.
Article 14 — Suspension, Cancellation, and Termination
You may cancel an eligible subscription using the billing portal or another cancellation method made available by Truepear. Unless otherwise stated, cancellation takes effect at the end of the then-current paid billing period.
Truepear may suspend, limit, or terminate access immediately if you fail to pay fees, violate these Terms, create legal or security risk, misuse Candidate Information, infringe rights, threaten Platform integrity, engage in suspected fraud, or if continued service becomes unlawful or impracticable.
Upon expiration or termination, your right to access and use the Platform ends. Truepear may retain or delete User Content in accordance with its retention practices, Privacy Policy, legal obligations, backup procedures, and legitimate business needs.
Provisions that by their nature should survive will survive, including payment obligations, ownership provisions, confidentiality obligations, disclaimers, limitations of liability, indemnification, dispute terms, and general provisions.
Article 15 — Disclaimers, Liability, and Indemnification
15.1 Service Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TRUEPEAR DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RESULTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
TRUEPEAR DOES NOT WARRANT THAT ANY CANDIDATE WILL BE AVAILABLE, QUALIFIED, SUITABLE, HIRED, RETAINED, OR SUCCESSFUL; THAT ANY SCORE OR OUTPUT WILL BE ACCURATE; OR THAT THE PLATFORM WILL SATISFY ALL LEGAL, EMPLOYMENT, PRIVACY, CREDENTIALING, RECORDKEEPING, OR BUSINESS REQUIREMENTS.
15.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUEPEAR AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, SAVINGS, BUSINESS, GOODWILL, DATA, CANDIDATES, OR OPPORTUNITIES; OR COSTS OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUEPEAR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM, SERVICES, OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY THE AUTHORIZED ORGANIZATION FOR THE PLATFORM DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS.
15.3 Indemnification
The Authorized Organization will defend, indemnify, and hold harmless Truepear and its owners, officers, employees, contractors, affiliates, licensors, and service providers from claims, losses, liabilities, damages, judgments, penalties, costs, and reasonable attorneys’ fees arising from or relating to: User Content; account use; hiring or employment decisions; alleged discrimination or employment-law violations; Candidate Information use; violation of law; breach of these Terms; or infringement or violation of another person’s rights.
Article 16 — Third Parties, Disputes, and General Terms
16.1 Third-Party Services
The Platform may depend on or interoperate with third parties. Truepear does not control and is not responsible for third-party products, services, content, acts, omissions, security, availability, terms, policies, or changes. Third-Party Services may become unavailable or change without notice.
16.2 Governing Law and Venue
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law rules. Unless the parties agree to another lawful dispute process in writing, any action arising from these Terms or the Services must be brought in the state or federal courts having jurisdiction over Bucks County, Pennsylvania, and each party consents to personal jurisdiction and venue there.
16.3 Informal Resolution
Before filing a formal claim, each party agrees to provide written notice describing the dispute and to attempt in good faith to resolve it for at least thirty days. Notices to Truepear must be sent to info@truepear.com.
16.4 Changes to These Terms
Truepear may update these Terms from time to time. The updated version will be posted with a revised effective or last-updated date. Material changes may also be communicated through email, account notice, or the Platform. Continued use after the effective date of updated Terms constitutes acceptance to the extent permitted by law.
16.5 Electronic Communications and Signatures
You consent to electronic communications, records, notices, disclosures, agreements, and signatures. Checkbox acceptance, electronic acceptance records, account creation, and continued Platform use may constitute an electronic signature and evidence of agreement.
16.6 Assignment
You may not assign or transfer these Terms or an account without Truepear’s prior written consent. Truepear may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, corporate restructuring, or by operation of law.
16.7 Force Majeure
Truepear is not liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, utility failures, internet outages, labor disputes, governmental actions, epidemics, war, civil unrest, cyberattacks, vendor failures, or failures of Third-Party Services.
16.8 Severability; Waiver; Entire Agreement
If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in effect. Failure to enforce a provision is not a waiver. These Terms, the Privacy Policy, applicable checkout terms, and any expressly incorporated documents constitute the entire agreement regarding the Platform and supersede prior discussions or representations regarding the same subject.
16.9 No Third-Party Beneficiaries; Relationship
These Terms do not create third-party beneficiary rights. The parties are independent contractors. Nothing creates an employment, agency, fiduciary, partnership, franchise, or joint-venture relationship.
16.10 Contact
Questions regarding these Terms may be sent to info@truepear.com.
Creating an account, selecting an acceptance checkbox, starting a trial, purchasing a subscription, or using the Platform constitutes acceptance of these Terms.
