Terms of Service

These terms govern use of the Seedglass platform, operated by Seedglass, Inc., a Delaware corporation ("Seedglass", "we"; seedglass.com). By creating or using an account you agree to them on behalf of yourself and, if you use Seedglass for an organization, on behalf of that organization ("customer", "you"). If your organization has signed a Seedglass Master Services Agreement, that agreement governs instead of these terms.

Definitions

• "Candidate" means a person whose professional information Seedglass holds and whose background Seedglass's machine learning may identify as possibly matching the criteria of a customer's job. Being a Candidate does not make someone an applicant or a candidate for a job; that happens only if the customer, independently, decides to pursue them.
• "Candidate Data" means the professional information about Candidates that Seedglass collects from public sources and licensed data providers and enriches. Seedglass is its independent controller. It is part of platform data, together with profiles, talent maps and match notes.
• "Customer Data" means the data Seedglass processes for you: what your team uploads or adds (roles, notes, lists, edits, filters), your Outcomes, your imported contact history, Connected Mail Data, and the records Seedglass sends to your applicant tracking system while Seedglass holds them. It does not include platform data or your users' account data.
• "Outcomes" means your hiring decisions and judgments about Candidates recorded in Seedglass (for example who you advance, pass on, interview or hire), and your approval and edit signals on drafts. Outcomes do not include message text or Connected Mail Data.
• "Connected Mail Data" means data from an email account you connect: messages sent from it through Seedglass, replies and other inbound messages, attachments and bounces.
• "Autonomous Sending" means the per-role setting, off by default, that you may turn on so that outreach for that role is sent under your standing approval without a person at your organization approving each message.
• "Security Incident" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Data or Candidate Data Seedglass has shown you.

What Seedglass is

• What Seedglass does. We take job descriptions provided by our customers and use machine learning to identify people whose background may match the criteria for each job. We then present potential fits to customers, along with custom-written outreach messages. A person at the customer approves each message, unless the customer has turned on Autonomous Sending for a role; turning it on is the customer's standing approval of the messages sent for that role, which are drafted from the role's brief and template and sent subject to the stop rules below, and those messages are the customer's. Customers decide whether to follow up with anyone who received a message. Seedglass does not take part in any way in the decision whether to start an interview process with someone contacted through Seedglass. Seedglass provides the Candidate Data, tools and interface for this.
• Seedglass is not a recruiter or an employment agency and does not assess applicants or applications. Its matching decides only which potential fits it presents to you; you approve each send (or give a standing approval for a role by turning on Autonomous Sending), and you decide whether to start an interview process; no one is rejected or hired by Seedglass. Seedglass makes no automated decisions that have legal or similarly significant effects on anyone.
• The customer decides: who to contact, what to say, whether to send, its edits, its filters, and whether Autonomous Sending is on for a role. Messages are sent from the customer's own connected email account or, where the customer has chosen it, from an address Seedglass operates for that customer; the message is the customer's, and its footer names the customer as the sender (never a client the customer is recruiting for, unless the customer chooses to name it). Approving a message authorizes its delivery within the send window. Seedglass staff never send outreach.
• Seedglass's system is designed to hold any send to a person who has asked to stop or is on a do-not-contact list, and may hold or refuse other sends (for example, when a check fails). Beyond those checks, Seedglass has no duty to police a customer's content.
• Seedglass is an independent controller of Candidate Data, which drafting uses. When it sends and sorts replies it acts on the customer's instructions, as the Data Processing Agreement sets out where you have signed one.

AI features

• Drafts, summaries and matches are produced with AI. They are suggestions for the customer to review, not decisions.
• Nothing is sent unless you approve it or have turned on Autonomous Sending for that role.
• Seedglass is not a consumer reporting agency, and the service does not provide consumer reports. Seedglass's outputs may not be used, in whole or in part, to decide anyone's eligibility for employment, credit, insurance, housing or any other purpose covered by the Fair Credit Reporting Act or similar laws.
• Seedglass may run experiments and hold-outs to measure whether features work, without reducing the functionality of the plan you pay for.
• Information for your own compliance. On request, once in any 12-month period and in confidence, Seedglass will give you the information about how its matching works that you reasonably need for your own notices, impact assessments and bias audits under laws on automated tools in hiring, including a summary of any disparate-impact testing it has done.

Accounts and seats

• Access is provided through individual seats. A seat belongs to one named person and may not be shared; your organization's account lead manages who holds them.
• You are responsible for activity under your seat and for keeping your credentials confidential.
• Agency and investor accounts acting for client companies must have each client's authority to act for it.

Use of platform data

• Platform data is for your organization's internal recruiting use only, or for clients your order form names.
• You may not export, scrape, copy in bulk, redistribute, resell or retain outside Seedglass any platform data, or use it to build, train or enrich any other database, model, product or service. You may not reverse engineer the service, probe its security without written permission, or use it to build a competing product.
• Platform data is not for sale and cannot be bought from Seedglass. You may use it only within the Seedglass services you use under your plan, for your own organization or for clients your order form names. A Candidate you engage through Seedglass (one who replies, or whom you advance) may be kept in your own applicant tracking system as a record of a candidate you are pursuing. Breaking this section breaches these terms.
• When you advance a Candidate, Seedglass sends that Candidate's name, email address, phone number, professional profile address and (if you turn it on) resume to your own applicant tracking system, for your hiring decision. You then hold that record as your own, as an independent controller, and are responsible for it under your own privacy notices and the law. There is no other export of platform data, and Candidate information is not sold to you: your fees pay for the service.
• Tasks on professional networking sites are done by hand by the customer.

What we learn, and how

• Replies are read automatically so that the service can act on them: to record interest, a no, or a request to stop.
• Your Customer Data we process as your processor, under the Data Processing Agreement where you have signed one.
• The training rule. Seedglass trains and improves the models that serve you on your Customer Data, other than Connected Mail Data, which is never used to train models. This is the one training rule for Customer Data; the Privacy Policy, DPA and LIA refer to it. Seedglass does not sell Customer Data.
• Cross-customer learning. Seedglass uses your Outcomes to train models that serve other customers only with differential privacy and other privacy-preserving techniques, never on message text or Connected Mail Data, and never in a form that identifies a customer or person. Differential privacy is a training method that limits how much a model can learn about any one customer or person; Seedglass tracks a privacy budget for each such model.
• Your choice. If you signed up on our website, cross-customer learning on your Outcomes is on by default, and you may turn it off in Settings at any time. If your organization signed a Master Services Agreement, it is off unless your order form turns it on. Turning it off stops future training on your Outcomes; it cannot undo what models already trained have learned, and it does not change how Seedglass uses Candidate Data. If you opt out, your account uses models trained without cross-customer learning, which may perform less well.
• Reuse of privacy-protected models. Seedglass owns the models it trains. Models trained across customers under these protections, and their weights, may be used in other Seedglass products and services. You agree that Seedglass may use your Outcomes for that training while your choice above is on. Where you act for a client, you confirm you have the client's authority. A new kind of use in another product starts only after it has been assessed and documented. These models are not designed to output your Customer Data, and Seedglass tests them for memorization before reuse.
• Connected email. Connected Mail Data is used only to provide the service to you and is never added to Candidate Data or Seedglass's own records. We do not use Google Workspace API data to develop, improve or train generalized AI or machine learning models. Seedglass's use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements; the same commitments apply to data from every other connected email account.
• Candidate Data is Seedglass's own. We use it as an independent controller to provide, improve and develop our services, to create aggregated or de-identified insights, and to train and improve machine learning models for these services. Before we use it to train models for any other Seedglass service, we assess that use and update our notice.
• What your team adds (job descriptions, notes, judgments and edits) stays private to your organization.
• Apart from the uses above, you grant Seedglass a license to use what your team adds only to provide the service to you, and in aggregated, de-identified form (which does not identify you, your users or any person, and which we do not re-identify) to improve it.
• Public professional information is shared across the service and is not exclusive to any customer.
• We send your content only to paid AI APIs, none of which may train models on it.

Connected email accounts

• If you connect an email account, you authorize Seedglass to send the messages you approve (or, for a role with Autonomous Sending on, the messages for that role) from your address, and to collect replies to those messages so that they appear in Seedglass. Seedglass does not track whether messages are opened or links are clicked, other than recording a Candidate's use of the unsubscribe link.
• The text of replies and other inbound messages (bodies, subjects, previews and reply summaries) is deleted 30 days after it is received; the record that a reply arrived, from whom, when and how it was classified is kept with your Customer Data.
• Seedglass personnel do not read connected mailbox content except: (i) to provide support or keep the service running, limited to named personnel with production access and logged; (ii) to investigate or contain a Security Incident; (iii) where you have bought managed outreach, to help manage the service on your instruction (for example onboarding help and routing replies); (iv) at your request for specific messages; or (v) as required by law. Seedglass personnel never send outreach, and do not edit or decline your drafts, change a Candidate's status, or submit to your applicant tracking system without your explicit approval. Access under (ii) is limited to what the incident needs and you are told of it. Customer-approved support sessions, recorded in your security log, will replace (i) once available.
• You may revoke the connection at any time, in your email provider's security settings or in Seedglass; Seedglass then stops accessing the mailbox and deletes the stored access tokens.

Candidate treatment

• Outreach must be for genuine recruiting purposes.
• A Candidate can stop messages from a sender through the link in that sender's message, and Seedglass records that choice for that sender.
• A Candidate can also stop messages from every customer at once through the privacy request page. A bounce that Seedglass receives itself stops outreach to that address from every customer. A bounce that arrives in your connected mailbox stops outreach to that address from you, and prompts Seedglass to check the address on its own; only if that check finds the address no longer works does outreach to it stop for every customer.
• Outreach to a Candidate who does not reply ends when the role's planned follow-ups end.
• Customers cannot override these stops. A customer's own do-not-contact list is separate, and its own to edit.
• Use Candidate information only for the hiring process it was provided for.

Your responsibilities

• You are the employer (or the agency acting for the employer) for every hiring decision made with the service. You alone decide whom to contact, whether to send, and whether to pursue, interview or hire anyone.
• You are responsible for your use of the service and for your outreach, including complying with laws on commercial and electronic messages (including CAN-SPAM, the GDPR and UK GDPR, PECR, and CASL), data protection law as the controller of your outreach and hiring process, and anti-discrimination and employment law (including Title VII, the ADEA, the ADA, and state and local laws on automated tools in hiring), including the notices, assessments, audits and records those laws require of an employer or deployer.
• You will give any notices and obtain any consents those laws require of you.
• You will not use the service to target or exclude anyone based on a protected characteristic.
• Each party will comply with the laws that apply to its performance, including export control and sanctions laws.

Responsibility and indemnity

• Seedglass supplies suggested drafts; you review and send them. Seedglass will not knowingly include false content in a draft.
• AI-generated drafts are suggestions. You are responsible for reviewing each message before you approve it or, for a role with Autonomous Sending on, for reviewing the role's brief, template and stop rules before turning it on; an approved message, and a message sent under Autonomous Sending, is your message.
• Your indemnity. You will defend Seedglass against third-party claims arising from your messages (including messages sent under Autonomous Sending), sending decisions, hiring decisions, Customer Data, use of platform data or Candidate information in breach of these terms, or violation of law, and pay resulting damages and costs finally awarded or agreed in settlement. This excludes claims to the extent caused by Seedglass's breach of these terms or the DPA, or by Seedglass's violation of law.
• Seedglass's indemnity. Seedglass will defend you against third-party claims that the service, as provided by Seedglass, infringes their intellectual property, or that Seedglass's own collection of Candidate Data violated data protection law, and pay resulting damages and costs finally awarded or agreed in settlement. This does not apply to claims arising from your content, your messages, your combination of the service with other things, or your breach of these terms.
• Procedure. The party seeking defense must notify the other promptly, let it control the defense and settlement (no settlement may admit fault for, or impose an obligation on, the defended party without its consent), and cooperate reasonably at the defending party's cost.
• Obligations that platforms place on Seedglass (such as Google's Limited Use rules) are Seedglass's own, not the customer's.

Acceptable use

No unlawful, deceptive or harassing outreach, no attempt to get around a Candidate's choice to stop, and no attempt to access other customers' data or to probe the service's security without written permission.

Billing

• Plans and prices are set out in your order form or on our pricing page. Fees are in US dollars and exclude taxes.
• Billing periods. Plans are billed monthly or annually. Annual pricing is set in your order form. In every case your order form governs if it says otherwise.
• Automatic payment and renewal. Fees are charged automatically, in advance, to the payment method on file through our payment processor. Each plan renews automatically for the same period at the then-current price until it is canceled.
• Renewal notice. For an annual plan, our payment processor emails your account owner at least 30 days before it renews, with the renewal date and price. We give at least 30 days' notice of any price change before it applies to your next period.
• Cancellation. You can cancel at any time in Seedglass settings or by writing to team@seedglass.com. Cancellation takes effect at the end of the current paid period, and you keep access until then.
• Refunds. Fees are not refunded for a partial period, except: where the law requires it; where a signed Data Processing Agreement provides for it (a subprocessor objection that is not resolved); or where you terminate for Seedglass's uncured material breach, in which case prepaid fees for the remaining period are refunded.
• Trials. A trial is offered only where your order form says so. It converts to the paid plan at its end unless you cancel before then.
• Design partner pilots. A design partner pilot runs at the monthly fee and for the term stated in its order form, and on these terms except where that order form says otherwise.
• Failed payment. If a payment fails, you can still sign in, but the service is unavailable until the payment succeeds; signing in takes you to a page where you can complete payment. We email your billing contact when a payment fails, and we send reminders until it is resolved.

Confidentiality

• Non-public information each party learns about the other through the service (including your roles, hiring plans, Outcomes and pricing, and our product internals, security details and subprocessor names) is confidential and may be used only as needed to use or provide the service. Each party protects it with at least reasonable care and shares it only with people who need it and are bound to keep it confidential.
• This excludes information that is or becomes public without breach, was already known without restriction, is independently developed, or is received from a third party without restriction. A party may disclose confidential information when the law or a court requires it, after reasonable notice where lawful.
• These obligations last for three years after these terms end, and for trade secrets as long as they remain trade secrets.

Security and breach notice

• Seedglass keeps written security policies and, at minimum, encrypts Customer Data in transit and at rest, requires multi-factor sign-in for staff access to production, keeps each customer's data logically separate, checks its backups daily, and has the production service penetration tested by an independent third party at least once a year.
• Seedglass tells your account owner of a Security Incident affecting your Customer Data without undue delay after becoming aware of it, and no later than 72 hours after confirming it, gives an initial notice of a suspected incident as soon as it reasonably believes one has occurred, updates you at least every 24 hours until it is contained, and gives a written summary within 10 business days after containment. Notice is not an admission of fault.
• Subprocessors are described by category on our service-providers page; names are given on request under confidentiality. We give your account owner at least 30 days' notice, by category, of a new or replaced subprocessor of Customer Data.

Termination

• Either party may terminate these terms or an order form if the other materially breaches them and does not cure the breach within 30 days of written notice. We may also suspend seats that violate these terms.
• Seedglass may suspend the service, in whole or in part, immediately if it reasonably believes your use (a) breaks the law or the acceptable-use rules, (b) threatens the security or integrity of the service or other customers, or (c) exposes Seedglass to legal liability, or (d) if fees are unpaid. Seedglass may terminate on written notice for any of these if the issue is not resolved within 30 days. It will tell you promptly and restore access once the issue is resolved.
• Seedglass may also end your plan for any reason on 30 days' written notice, refunding prepaid fees for the period after the end date.
• On termination, your organization's access ends. You can export your Customer Data and the records of Candidates sent to your applicant tracking system, as CSV or JSON, by asking us within 30 days. Seedglass deletes your Customer Data from its active systems within 30 days after termination or, if later, after delivering a requested export; copies in encrypted backups are deleted as those backups expire in their normal cycle, and security logs are kept for 400 days; until deleted, that data stays protected and is not used for anything else.
• Connected email accounts are not disconnected automatically: you can remove our access in your email provider at any time, or ask us to.
• We keep records as the Privacy Policy describes, including Candidate do-not-contact records, kept for as long as we need to honor them.
• On termination, these sections survive: Definitions, Use of platform data, What we learn (Connected email and Candidate Data), Candidate treatment, Your responsibilities, Responsibility and indemnity, Confidentiality, Disclaimers and limitation of liability, and Governing law and disputes.

Disclaimers and limitation of liability

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT THE LAW ALLOWS, SEEDGLASS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
• AI-generated output, including matches, match notes, summaries and drafted messages, may be inaccurate, incomplete or inappropriate, and you must review it before you rely on it or send it (or, for Autonomous Sending, review the role's brief, template and stop rules). Candidate information comes from public and third-party sources and may be out of date or wrong.
• Seedglass does not guarantee that the service will be uninterrupted or error-free, that any person is available, qualified, interested or will respond, or any hiring result. Hiring decisions and their outcomes are yours alone.
• (a) Excluded damages. Neither party is liable for indirect, incidental, special, consequential or punitive damages, or lost profits or revenue, even if advised of their possibility.
• (b) Cap. Each party's total liability arising out of these terms, the DPA and any order form is limited to the fees paid and payable by the customer in the 12 months before the event giving rise to the claim.
• (c) Data cap. For a Security Incident caused by Seedglass's breach of the Security section, for breach of the DPA or of a party's data protection obligations, for breach of confidentiality, and for Seedglass's indemnity for its own collection of Candidate Data, the cap in (b) is 2x those fees, or a higher multiple stated in your order form.
• (d) Not capped. The caps do not apply to: a party's indemnity obligations (except Seedglass's data-sourcing indemnity, which is under (c)); the customer's obligation to pay fees; the customer's breach of "Use of platform data"; fraud or willful misconduct; or liability that cannot be limited by law (including toward data subjects under the Standard Contractual Clauses).

Order of precedence

If a customer has signed the Seedglass Master Services Agreement, that agreement and its order forms replace these terms for that customer, even if a user clicks to accept these terms in the product. Otherwise, if documents conflict, this order applies: (1) the Standard Contractual Clauses, where they apply; (2) the DPA, where the customer has signed it, for the processing of personal data; (3) an order form, for its commercial terms and elections (fees, term, plan, named clients, the cross-customer learning election, the data cap multiple, and any terms it expressly says override these terms); (4) these terms; (5) the Security Addendum, where the customer has signed it, for the security measures it describes. The Privacy Policy is a notice, not a contract term.

Governing law and disputes

These terms are governed by Delaware law, without regard to conflict-of-law rules. The state and federal courts in New Castle County, Delaware have exclusive jurisdiction, and each party waives a jury trial. Claims may be brought only individually, not as a class or representative action. Either party may seek injunctive relief in any competent court to protect its confidential information or intellectual property.

Changes

• We will email your account owner at least 30 days before any material change takes effect.
• The change applies after those 30 days, or sooner if you accept it. Continued use after 30 days counts as acceptance.
• Paying customers. If a change is materially adverse to you, you may reject it by written notice before it takes effect. The current terms then continue until the end of your current paid period, and the change applies at renewal. Changes required by law, or to the description of new features, may take effect sooner.
• Your subscription renews normally in the meantime.

Contact

team@seedglass.com, including privacy questions.