Terms of Use

Last updated: April 30, 2026

These Terms of Use (this “Agreement”) constitute a legally binding contract between SwipeClock, LLC, a Delaware limited liability company (“Swipeclock”) and you (“Customer”) with respect to your use of Swipeclock’s websites, mobile applications and online services (collectively, the “Service”).

By accessing or using the Service or by otherwise indicating your assent to this Agreement, you are consenting to be bound by the terms and conditions of the version of this Agreement available at https://www3.swipeclock.com/terms-of-use/ as of the date of your acceptance. If you do not agree to all of the terms and conditions of this Agreement, do not access or use the Service or register an account with Swipeclock.

This Agreement is effective as of the earliest of: (1) the date of your express acceptance of this Agreement; (2) the date that you enter into an Order Form; (3) the date that you register for a Service account; and (4) the date that you first use the Service (such date of effectiveness, the “Effective Date”).

1. DEFINITIONS

• ​Access Credentials: Login information, passwords, and security controls through which Users access and use the Service.
• ​Affiliate: Any entity directly or indirectly controlling, controlled by or under common control with a Party.
• ​Aggregate Information: Information, data and/or metadata derived from use of the Service (excluding biometric data) that is not specific to a person, does not include personally identifiable information, and cannot be used to identify any specific person or company.
• ​Customer Content: All information, content, text, data and other materials transmitted, uploaded, or stored by Customer or its Users in the Service, which may include biometric, genetic, or health data. Excludes all Swipeclock Offering functionality and Swipeclock-supplied information.
• ​Documentation: Materials that describe the features, functions and use of the Service, made available to Customer by Swipeclock.
• ​Intellectual Property Rights: All rights associated with works of authorship, trademarks, trade secrets, patents, design rights, and related registrations worldwide.
• ​Marks: Trademarks, service marks, logos, product names, service names, design marks, slogans, and other indicia of origin.
• ​Order Form: The order form signed by authorized representatives, referencing this Agreement.
• ​Parties: Swipeclock and Customer.
• ​Professional Services: Professional Services available from Swipeclock as described in an Order Form.
• ​Service: The version of the Swipeclock software as a service offering set forth in an Order Form, including all Updates.
• ​Subscription Term: The period of time set forth in an Order Form.
• ​Support Services: Swipeclock’s standard support services performed generally for its customers.
• ​Swipeclock Offerings: Collectively, the Services, the Swipeclock Technology, Products, and Additional Purchases.
• ​Swipeclock Technology: The computer software, code, APIs, methodologies, templates, tools, algorithms, user interfaces, know-how, trade secrets, and other technical material underlying or used to make available the Service.
• ​Updates: All upgrades, enhancements, improvements, maintenance releases, additions, and modifications of the Service made generally available to Swipeclock’s customers at no additional charge during the Subscription Term.
• ​Users: Employees and contractors/consultants of Customer (excluding Affiliates) granted access by Customer to use the Service for internal business purposes. May include authorized resellers.
• ​Candidates: ATS users who have applied for, shown interest in, or are being considered for a job and whose information is stored and managed in the ApplicantStack ATS.
• ​Hires: ATS users/candidates whose application has moved to a confirmed employment status and whose record now serves as a starting point for onboarding.

2. SERVICE

• ​Service; Service Level Agreement: Subject to this Agreement and payment of all applicable fees, Swipeclock will use reasonable commercial efforts to make the Service available for use and access by Customer.
• ​Additional Orders by Affiliates: Affiliates of Customer may place additional orders for access to the Service by executing a separate Order Form. Customer remains primarily responsible for compliance by its Affiliates.
• ​Customer Access: Customer’s and its Users’ access and use of the Service is dependent upon access to telecommunications and Internet services. Customer is responsible for acquiring and maintaining all necessary services, hardware, and software.
• ​Modifications to the Service: Swipeclock reserves the right to modify the Service, including implementing Updates. If a modification materially and adversely reduces functionality, Customer may terminate the relevant Order Form.
• ​Support Services: Provided subject to payment of all applicable subscription fees. Swipeclock is not obligated to support errors caused by misuse, negligence, or use outside the Documentation.
• ​Third Party Features, Services and Content: Use of third-party features, services, or content is subject to applicable third-party terms. Swipeclock is not liable for any damage or loss caused by such third-party features or services.
• ​Data Backup: Swipeclock will follow standard archival procedures for storage of Customer Content. In the event of loss or corruption, Swipeclock will use commercially reasonable efforts to restore from the latest backup. Swipeclock is not responsible for loss or corruption arising from acts or omissions of Customer, Users, or third parties.
• ​Data Security and Data Privacy: Swipeclock agrees to maintain commercially reasonable data security policies. Each Party must comply with applicable laws regarding the security and confidentiality of personally identifiable information. Swipeclock’s privacy policy applies to all processing of information by Users.
• ​SMS Communications: Portions of the Service include functionality to send text messages. By opting in, Customer authorizes Swipeclock to send text messages, including marketing content, to the provided number. Message and data rates may apply. Customer may opt out by texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT.
• ​Data Deletion Requests from Candidates/Hires: Swipeclock will refer such requests to the Customer to which the candidate or hire applied. If Customer is no longer active, Swipeclock will proceed with the data deletion request.

3. ACCESS GRANT; LICENSES; OWNERSHIP

• ​Access Grant: Subject to compliance with this Agreement, Swipeclock grants Customer a non-exclusive, non-transferable, worldwide, revocable, nonsublicensable right to allow Users to access and use the Service for internal business purposes during the Subscription Term.
• ​Customer Content: Customer grants Swipeclock a non-exclusive, royalty-free, worldwide license to use, copy, execute, host, store, reformat, and display Customer Content for the purpose of providing the Service. Swipeclock’s third-party contractors may exercise these licenses solely for providing the Service.
• ​Users: Customer may grant access only to Users with unique Access Credentials and is responsible for ensuring compliance with this Agreement. Customer is responsible for all actions taken under a User’s account.
• ​Feedback: If Customer or its Users provide Feedback, Customer grants Swipeclock a worldwide, royalty-free, perpetual, exclusive, irrevocable license to use, reproduce, modify, distribute, and otherwise exploit the Feedback without restriction.
• ​Ownership:
  • ​(a) Swipeclock Confidential Information, Offerings, Documentation, and all related Intellectual Property Rights are the exclusive property of Swipeclock and its suppliers. Nothing in this Agreement grants Customer the right to receive software in object or source code form.
  • ​(b) Customer Confidential Information and Customer Content, and all related Intellectual Property Rights, are the exclusive property of Customer and its suppliers. Customer grants Swipeclock a worldwide, perpetual, irrevocable, royalty-free, nonexclusive right and license to use and copy all Customer Content for purposes of performing under this Agreement.

4. ADDITIONAL PURCHASES

• ​Orders: Portions of the Service may allow Customer to purchase tangible products (“Products”) and additional services (“Additional Purchases”). Orders are offers to buy under this Agreement and are subject to Swipeclock’s acceptance and availability.
• ​Prices and Payment for Additional Purchases: Prices are stated on the purchase receipt or confirmation. Payment must be received by Swipeclock prior to acceptance of an order. Prices do not include shipping, handling, or taxes.
• ​Modifications: Swipeclock may revise pricing or discontinue Additional Purchases or Product options at any time. Additional Purchases and Products are not refundable unless expressly permitted by Swipeclock.
• ​Order Cancellation: Swipeclock may refuse or cancel orders for errors in pricing or if Customer is in breach of this Agreement.
• ​Shipping: Swipeclock will arrange shipping of Products to the address indicated in Customer’s order.
• ​Risk of Loss: Risk of loss passes to Customer upon delivery to the carrier. Swipeclock does not provide insurance during delivery.
• ​Product Warranty: Products are warranted to be free from defects in workmanship and materials under normal use. Remedies include repair, replacement, or refund at Swipeclock’s discretion. No warranty applies to Products that have been modified, misused, or used in unsupported environments.
• ​Inspection: Customer must examine Products upon receipt and notify Swipeclock of any damage or missing items. Returns require a return merchandise authorization (RMA) obtained within thirty (30) days of purchase.
• ​Returns: All returns are at Swipeclock’s discretion. Customer may request to return any Product within thirty (30) days after purchase, subject to obtaining an RMA.

Note: The content above is a partial extract of the full Terms of Use. For the complete agreement, please refer to the official Swipeclock website.