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 WHICH MAY INCLUDE CLICKING “I ACCEPT,” OR ANY SIMILAR MECHANISM, 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 (as defined below); (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: With respect to either Party on any applicable date of determination, any other entity directly or indirectly controlling, controlled by or under common control with such Party as of such date.
• ​Aggregate Information: Any 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, alone or in conjunction with other information, to identify any specific person and does not identify any Swipeclock customer or user or company-specific name and that is stripped of all persistent identifiers, such as device identifiers, IP addresses and cookie IDs.
• ​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. Customer Content expressly excludes all Swipeclock Offering functionality, and all Swipeclock-supplied information, content, text, data and other materials.
• ​Documentation: Text and/or graphical materials, whether in print or electronic form, that describe the features, functions and use of the Service, and which are made available to Customer by Swipeclock with the Service.
• ​Intellectual Property Rights: Any and all now known or hereafter existing: (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark and service mark rights and other similar rights in Marks, together with all goodwill related thereto; (c) trade secret rights; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, and other proprietary rights of every kind and nature; and (f) registrations, applications, renewals, extensions, or reissues of the foregoing, in each case, in any jurisdiction throughout the world.
• ​Marks: Trademarks, service marks, logos, product names, service names, design marks, slogans and other indicia of origin.
• ​Order Form: The order form signed (electronically or otherwise) by an authorized representative of each Party or a reseller or other designee thereof, in each case referencing this Agreement.
• ​Parties: Swipeclock and Customer. Swipeclock and Customer are each a “Party”.
• ​Professional Services: The 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 made generally commercially available by Swipeclock to its customers, including all Updates.
• ​Subscription Term: The period of time set forth in an Order Form.
• ​Support Services: Swipeclock’s standard support services that Swipeclock performs generally for its customers.
• ​Swipeclock Offerings: Collectively, the Services, the Swipeclock Technology, Products, and the Additional Purchases.
• ​Swipeclock Technology: The computer software, computer code, scripts, application programming interfaces, methodologies, templates, tools, algorithms, user interfaces, know-how, trade secrets, techniques, designs, inventions, third-party services, and other tangible or intangible technical material, information and works of authorship underlying or otherwise used to make available the Service.
• ​Updates: All upgrades, enhancements, improvements, maintenance releases, additions, and modifications, of the Service made generally commercially available to Swipeclock’s customers at no additional charge as part of the Service during the applicable Subscription Term.
• ​Users: (a) The employees and contractors/consultants of Customer, excluding Customer Affiliates; (b) that are granted access by Customer to use the Service; and (c) which have a bona fide need to use the Service for Customer’s internal business purposes. Users may include resellers that Customer authorizes to access the Service on behalf of Customer.
• ​Candidates: Applicant Tracking System (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: Applicant Tracking System (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 and in accordance with this Agreement, including, without limitation, 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 with Swipeclock in which each Customer’s Affiliate agrees to pay additional implementation and subscription fees to Swipeclock and to be bound by all terms and conditions of this Agreement. Customer shall remain primarily responsible for the compliance of its Affiliates with the terms of this Agreement, including without limitation payment of all fees due thereunder.
• ​Customer Access: Customer acknowledges and agrees that Customer’s and its Users’ access and use of the Service is dependent upon access to telecommunications and Internet services. Customer and Users will be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Service, including, without limitation, all costs, fees, expenses, and taxes of any kind related to the foregoing. Swipeclock will not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such telecommunications or Internet services or any such hardware or software. Swipeclock may provide notice to Customer from time to time of the version(s) of those products required in order for Customer and its Users to use the Service (e.g., supported browser versions).
• ​Modifications to the Service: Swipeclock reserves the right to modify the Service from time to time, including without limitation implementing Updates. If any such modification or Update materially and adversely reduces the functionality of the Service, Customer may terminate any relevant Order Form pursuant to Section 12.2(a). Swipeclock may condition the implementation of new features, functionality or other modifications to the Service on Customer’s payment of additional fees, provided that Swipeclock generally charges other customers for such new features, functionality or other modifications.
• ​Support Services: Subject to Swipeclock’s receipt of Customer’s payment of all applicable subscription fees payable by Customer for the Service, Swipeclock shall provide Customer with Support Services. Support provided by a reseller, and any obligation of Swipeclock in connection therewith, if any, will be provided directly by the reseller, and not Swipeclock. Swipeclock shall have no obligation to support: (i) errors caused by Customer’s or any User’s misuse, negligence, abuse, misapplication, or other unpermitted actions or inactions; (ii) use of the Service other than as specified in the Documentation; (iii) errors beyond the reasonable control of Swipeclock; or (iv) any software or other technology other than the Service.
• ​Third Party Features, Services and Content: Customer acknowledges and agrees that use of any third-party features, services, content, or materials as may be supplied by Swipeclock either in or accessible through the Service shall be subject to any applicable third-party terms and conditions made available to Customer with such third-party features, services, content, or materials (the “Third Party Agreement”), and Swipeclock shall have no liability for any damage or loss caused by such third party features, services, content, or materials or for the use or performance thereof. Customer hereby acknowledges and agrees that each Third Party Agreement applies to Customer’s and all Users’ use of any third party features, services, content, or materials, and Customer agrees to comply, and require its Users to comply, with all Third Party Agreements.
• ​Data Backup:
  • ​(a) Swipeclock will follow its standard archival procedures for storage of Customer Content, to the extent compatible with applicable law. In the event of any loss or corruption of Customer Content, Swipeclock will use commercially reasonable efforts to restore the lost or corrupted Customer Content from the latest backup of such Customer Content maintained by Swipeclock or its third-party service provider in accordance with its recovery procedures.
  • ​(b) Swipeclock will not be responsible for any loss, corruption, destruction, alteration, or unauthorized disclosure of or access to Customer Content directly or indirectly arising from acts or omissions of Customer, its Users or a third party. Swipeclock’s efforts to restore lost or corrupted Customer Content pursuant to this section will constitute Swipeclock’s sole liability and Customer’s sole and exclusive remedy in the event of any loss, corruption, destruction, alteration, or unauthorized disclosure of or access to Customer Content.
• ​Data Security and Data Privacy: Swipeclock agrees to maintain commercially reasonable data security policies, procedures and controls. Each Party shall comply with the requirements of all applicable state, national and international laws and regulations and all applicable industry standards regarding the security, protection and confidentiality of personally identifiable information with respect to the use of or provision of the Service, as applicable, including with respect to biometric, genetic, and health data. Swipeclock’s privacy policy set forth at https://www3.swipeclock.com/privacy-policy/ shall apply to all processing of information by Users of the Service. Customer hereby acknowledges and consents to the practices disclosed therein.
• ​SMS Communications: Portions of the Service include functionality provided by Swipeclock’s service providers to use auto dialer or non-auto dialer technology to send text messages to users. By requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages from Swipeclock (through its service providers) through the Service, you (as the “Customer”) acknowledge and agree to the terms set forth in this section (“Opt-In”). Customer authorizes Swipeclock to use auto dialer or non-auto dialer technology to send text messages to the cell phone number associated with Customer’s Opt-In. Customer also authorizes Swipeclock to include marketing content in any such messages. Customer does not have to Opt-In or agree to Opt-In as a condition of purchase of any of Swipeclock’s offerings. Customer hereby confirms that Customer is the subscriber to the relevant phone number or that Customer is the customary user of that number on a family or business plan and that Customer is authorized to Opt-In. Customer hereby consents to the use of an electronic record to document Customer’s Opt-In. Customer agrees that, in addition to the main messages that Swipeclock may provide, Customer may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm Customer’s Opt-In. Message and data rates may apply. Customer must have a wireless device of Customer’s own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Customer should check its phone capabilities for specific text messaging instructions. Unless otherwise noted, Swipeclock may send multiple, recurring messages and frequency may vary. Swipeclock may terminate any messaging services or Customer’s participation in it at any time with or without notice, including, for example, before Customer has received any or all messages that Customer otherwise would have received, but this Agreement still will apply. Customer’s opt-out request may generate either a confirmation text or a texted request to clarify the portion of the Service to which it applies (if Customer has more than one). To complete Customer’s opt-out, Customer must provide the requested clarification. Customer consents to the handling of Customer’s information as described in our Privacy Policy at https://www3.swipeclock.com/privacy-policy/. To contact Swipeclock customer service, Customer may do so via support ticket. Customer may text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt-out of messages or for additional help, text HELP. Customer acknowledges and agrees that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of Swipeclock’s employees to remove Customer from Swipeclock’s list, is not a reasonable means of opting out. Customer may receive an additional mobile message confirming Customer’s decision to opt out. This Agreement still will apply if Customer withdraws the consent mentioned above. To request a free paper or email copy of the Opt-In, or to update Swipeclock’s records with Customer’s contact information, or receive help with any messages, please contact Swipeclock via support ticket. Minimum technology requirements may apply for electronic records.
• ​Data Deletion Requests from Candidates/Hires: Swipeclock will refer these requests to 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 Customer’s compliance with the terms and conditions contained in this Agreement and the Documentation, Swipeclock grants to Customer during the applicable Subscription Term a non-exclusive, non-transferable, worldwide, revocable, nonsublicensable right to allow Users to access and use the Service for Customer’s internal business purposes, subject to the use limitations in the relevant Order Form.
• ​Customer Content: Customer grants to Swipeclock a non-exclusive, royalty-free, fully paid, worldwide license, under any and all of Customer’s Intellectual Property Rights, to use, copy, execute, host, store, reformat and display the Customer Content for the sole purposes of enabling Swipeclock to provide the Service to Customer and its Users hereunder. In addition, Customer agrees that Swipeclock’s third-party contractors and service providers may exercise the licenses granted to Swipeclock in this section for the sole purpose of performing services for or on behalf of Swipeclock in connection with the provision of the Service to Customers. Customer acknowledges and agrees that Customer shall use secure encrypted connection(s) to transmit Customer Content when communicating with and/or using the Service.
• ​Users: Customer may grant access to the Service only to those Users who have been assigned unique Access Credentials. Customer shall be solely responsible for ensuring that all Users comply with the terms of this Agreement. Customer will promptly notify Swipeclock of any suspected, alleged or actual violation of the terms and conditions of this Agreement and will cooperate with Swipeclock with respect to: (i) investigation by Swipeclock of any suspected, alleged or actual violation of this Agreement; and (ii) enforcement of this Agreement. Swipeclock may suspend or terminate any User’s access to the Service upon notice to Customer in the event Swipeclock reasonably determines that such User has violated any terms of this Agreement. Customer will at all times be responsible for all actions taken under a User’s account and for any breach of this Agreement by its Users. All acts and omissions of Users are deemed to be those of Customer.
• ​Feedback: In the event Customer or its Users provide Swipeclock any ideas, thoughts, criticisms, suggestions, enhancement requests, techniques, know-how, comments, feedback or other input related to the Service (collectively “Feedback”), including in response to any product plans or roadmaps shared with Customer, Customer hereby grants to Swipeclock a worldwide, royalty-free, fully paid, perpetual, exclusive, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, license, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same without restriction or obligation of any kind, on account of Confidential Information, Intellectual Property Rights or otherwise, and Swipeclock may incorporate into the Service and/or any other service, product, technology, enhancement, documentation or other development incorporating or derived from any Feedback (“Improvement”) with no obligation by Swipeclock to license or make available the Improvement to Customer or any other person or entity.
• ​Ownership:
  • ​(a) The Swipeclock Confidential Information, Swipeclock Offerings, and the Documentation, and all worldwide Intellectual Property Rights in each of the foregoing and all modifications thereto and derivative works thereof, are the exclusive property of Swipeclock and its suppliers. Except for the rights and licenses expressly granted herein, all rights in and to all of the foregoing are reserved by Swipeclock and its suppliers. Nothing in this Agreement will be deemed to grant to Customer any right to receive a copy of software underlying the Service, or any other Swipeclock Offering, in either object code or source code form. Swipeclock’s name and logo, and all Swipeclock product and services names, including the name of the Service and any product or service associated with it, are trademarks of Swipeclock or its licensors, and no right or license to use them is granted in this Agreement. Further, Customer acknowledges and agrees that Swipeclock owns all right, title and interest in and to the Aggregate Information it develops and may use Aggregate Information to provide and improve Swipeclock’s products and services, and for sales, marketing and other business purposes.
  • ​(b) The Customer Confidential Information and Customer Content, and all worldwide Intellectual Property Rights in the Customer Content and all modifications and derivative works thereof, are the exclusive property of Customer and its suppliers. Except for the rights and licenses expressly granted herein, all rights in and to all of the foregoing are reserved by Customer and its suppliers. Customer hereby grants Swipeclock a worldwide, perpetual, irrevocable, royalty-free, fully paid up, nonexclusive, right and license (with right of sublicense) to use and copy all Customer Content for purposes of performing under this Agreement. Notwithstanding the foregoing, Swipeclock is permitted to contact Customer in connection with Customer’s purchase and use of Services, including Customers that have purchased access from a reseller.

4. ADDITIONAL PURCHASES

• ​Orders: Portions of the Service may give Customer the ability to place an order to purchase certain tangible products (“Products”) and additional services, such as upgrades to Customer’s existing account (“Additional Purchases”). Additional Purchases that are upgrades to Customer existing Service purchases are deemed to be “Services” for purposes of this Agreement. Customer acknowledges and agrees that an order for Additional Purchases or Products is an offer to buy, under this Agreement, all Additional Purchases and Products listed in Customer’s order. All orders must be accepted by Swipeclock or Swipeclock will not be obligated to sell the Additional Purchases or Products to Customer. Swipeclock may choose not to accept orders at Swipeclock’s sole discretion. All orders are subject to Swipeclock’s acceptance and Additional Purchase and Product availability. The appearance of Additional Purchases and Products displayed on any website within the Services may not exactly correspond to the actual Additional Purchases or Products in terms of image, dimensions, color or otherwise.
• ​Prices and Payment for Additional Purchases: Customer’s total price for the Additional Purchases and Products will be stated on Customer’s purchase receipt and/or in a confirmation of Customer’s order by way of e-mail to the address Customer provide during the checkout process. Terms of payment are within Swipeclock’s sole discretion, and, unless otherwise agreed to by Swipeclock, payment must be received by Swipeclock prior to Swipeclock’s acceptance of an order for Additional Purchases or Products. Swipeclock may use third-party service providers to process transactions on the Service and all payments for Additional Purchases and Products must be made in the manner specified by such third-party service providers. Any price offers or advertisements given by Swipeclock will be valid for the period stated on the offer or advertisement, with the exception that Swipeclock reserves the right to reject any sale at any time and for any reason, including without limitation for a misprint in the price offer or advertisement. Prices offered or advertised do not include shipping and handling or applicable sales taxes, which will be added to the price Customer pays.
• ​Modifications: Swipeclock may revise pricing for any Additional Purchase or Product option or revise or discontinue any Additional Purchase or Product options at any time. Additional Purchases and Products are not refundable unless expressly permitted by Swipeclock in writing. Permitted refunds, for whatever reason, of any payment received by Customer will take place using the same method of payment Customer chose during the checkout process and cannot be amended after Customer’s order has been placed.
• ​Order Cancellation: In the event an Additional Purchase or Product option is listed at an incorrect price due to a typographical error, entry error, error in pricing information received from Swipeclock’s suppliers, or other similar error, Swipeclock shall have the right to refuse or cancel any orders for such Additional Purchases or Products. Swipeclock shall also have the right to refuse or cancel any or all of Customer’s orders if Swipeclock determine, in Swipeclock’s sole discretion, that Customer is in breach of this Agreement. Swipeclock reserves the right to refuse or cancel any such orders whether or not the order has been confirmed. Swipeclock will use commercially reasonable efforts to notify Customer of any cancellation and Customer will not be charged for any cancelled orders.
• ​Shipping: Swipeclock will arrange shipping of Products to the address indicated in Customer’s order using a carrier of Swipeclock’s choice, in Swipeclock’s sole discretion.
• ​Risk of Loss: Risk of loss to Products passes to Customer upon delivery to the carrier. Swipeclock does not provide insurance on Products during delivery. The costs of shipping and handling will be shown on Customer’s purchase receipt. Swipeclock will not be responsible for delays in delivery, including without limitation if due to events beyond its reasonable control, including without limitation shortage of materials, transportation failure, or acts of God.
• ​Product Warranty: Swipeclock represents and warrants to Customer that Products will be free from defects in workmanship and materials, under normal use and service provided that Swipeclock’s sole obligation and Customer’s sole and exclusive remedy for a breach of this foregoing remedy will be for Swipeclock to, in its reasonable discretion in each case, repair the defective Product, replace it with a new or refurbished Product that is substantially similar to the Product Customer purchased, or, if neither is practical, provide Customer with a refund for the Product. All warranty claims will be subject to the RMA procedures set forth in Sections 4.8 and 4.9 below. No warranty will apply to any Product that that have been (i) modified, altered, tampered with (including removal of any serial numbers), reconfigured, or adapted without Swipeclock’s written consent, including any Product Purchases that have been dismantled; (ii) mistreated or used in a manner other than in accordance with the Product documentation; (iii) repaired by any third party not approved by Swipeclock; (iv) improperly installed; (v) used with equipment, software or other products or services not provided by Swipeclock; (vi) used directly or indirectly in breach of this Agreement, including in supporting activities prohibited by applicable law; (vii) discontinued or deprecated; or (viii) subject to events, circumstances or causes beyond its reasonable control, including electrical surges or operation of the Product in an unsupported, third-party environment. Without limiting the provisions of Section 9 or 11, Swipeclock does not warrant that any Product description or other information, material, or content accessible using the Product will be accurate, complete, reliable, current, or error-free. Customer’s sole remedy for any claim arising from the purchase of any Product will be to return the Offering for a full or partial refund in accordance with and to the extent permitted by Sections 4.8 and 4.9.
• ​Inspection: Customer must examine any Products when Customer receives them. If any item is damaged or missing, Customer must either reject the delivery or notify Swipeclock immediately via support ticket. In order to receive a replacement Product, Customer must first obtain a return merchandise authorization tracking number (“RMA”), which Customer must obtain within thirty (30) days after Customer’s purchase date. Once Customer has received an RMA, Customer must pack the Product (including all associated parts and components) securely with the RMA and proof of purchase and send to the location that Swipeclock designates using the shipping instructions that Swipeclock provides, which may include a pre-paid shipping label, to be provided by Swipeclock in Swipeclock’s sole discretion. Once Swipeclock receives Customer’s package, Swipeclock will process Customer’s request and evaluate whether Customer is eligible for a replacement and, if so, Swipeclock will send Customer a replacement using the same shipping method as Customer originally selected. If any cross-shipment or advance replacement is requested or necessary, subject to Swipeclock’s written pre-approval thereof, Swipeclock will replace the Product using regular ground shipping. Customer will be responsible for any shipping upgrades. If, after Swipeclock evaluates the Product, Swipeclock discovers the Product is functioning properly, Swipeclock will return the Product to Customer without replacement, at Customer’s cost and expense.
• ​Returns: All returns are at Swipeclock’s discretion. Customer may request to return any Product within thirty (30) days after Customer’s purchase date. In order to initiate a return, Customer must first obtain an RMA by contacting Swipeclock via support ticket.