Terms & Conditions

Last Updated: September 10, 2025

1. Introduction and Acceptance of Terms

Welcome to the OpenSimSim™ recruitment platform (the “Platform”), operated by OSS Recruitment Inc. (“OSS Recruitment,” “we,” or “us”). These Terms and Conditions (“Terms”) govern your access to, and use of the Platform and services provided through it (“Services”). By creating an account or using the Platform, you (“Employer,” “you,” or “your”) confirm that you are a business entity or an individual, and that you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Platform. Users of the Platform represent and warrant that they have the authority to enter into these Terms (on behalf of their company, if applicable) and that they are at least 18 years old.

Account Registration: To use the Platform, you must create an employer account. You agree to provide accurate, current, and complete information during registration (including your name or business name, contact information, employer identification number (EIN) if applicable, and billing details). You are responsible for maintaining the confidentiality of your login credentials and all activities that occur under your account. Employers may be business entities or private individuals. An Employer account may consist of both a company account and one or more individual user accounts (e.g., business owners, hiring managers, HR managers), each with separate credentials. You must promptly notify us of any unauthorized use of your account or security breach. We reserve the right to suspend or terminate accounts that we suspect are involved in fraudulent activity or violate these Terms.

2. Platform Services and Role of OSS Recruitment

The Platform enables Employers to: (a) post genuine job openings that will be visible to prospective candidates; (b) receive candidate recommendations based on data provided by candidates; (c) review and filter candidates by criteria such as name, contact information, work experience, job preferences, and availability; (d) contact candidates directly through the Platform; and (e) exchange job-related communications, including resumes or other application materials. At launch, certain candidate details (such as full name and contact information) may be withheld until an Employer expresses interest in a specific candidate. The Platform may also display teaser candidate or job-opening information within other related applications to prompt Employers or Workers to engage with the recruitment service, provided that Employers and Workers must first agree to these Terms before accessing recruitment features.

No Guarantee or Vetting: OSS Recruitment does not employ, recommend, or endorse any candidate and does not verify any candidate’s identity, credentials, qualifications, experience, or suitability for a job. We do not guarantee that any candidate is eligible, qualified, or will fulfill the requirements of a position. You are solely responsible for conducting any due diligence you deem necessary prior to hiring or engaging a candidate. This includes verifying work authorization, licenses, certifications, backgrounds, references, and any other information relevant to your hiring decision. OSS Recruitment simply provides candidate information and facilitates initial communications – all hiring decisions and outcomes are solely your responsibility.

You acknowledge and agree that OSS Recruitment makes no warranty regarding any candidate’s capability, character, or suitability, and no guarantee that you will find a candidate, or that a candidate will accept any job offer. Likewise, we do not guarantee that the Platform will identify candidates for every job posting or that candidate information is current or error-free. The Platform is a tool to assist in recruitment, but final responsibility for hiring and employment decisions rests with Employers.

3. Employer Responsibilities and Use of the Platform

By using the Platform, you agree to use it only for lawful recruitment purposes and to fulfill the following obligations:

Compliance with Laws: You will comply with all applicable laws and regulations in your use of the Platform and any hiring or employment decisions. This includes, without limitation, applicable employment, labor, and wage/hour laws, anti-discrimination and equal opportunity laws, background check and privacy laws, and any licensing requirements for your industry. You are responsible for ensuring your job postings and hiring practices are lawful and non-discriminatory.
Accurate and Legitimate Job Posts: You will only post genuine job opportunities with the intent to hire. Do not post any jobs that are misleading, fake, involve illegal activities, or are multi-level marketing or similar non-employment opportunities. All information in your job listings (job description, requirements, location, wages, etc.) must be accurate and not deceptive.
Appropriate Content: You will not upload or transmit any content through the Platform that is unlawful, defamatory, harassing, threatening, obscene, or otherwise objectionable. This includes refraining from posting any content that infringes upon the intellectual property or privacy rights of others. You also agree not to solicit sensitive personal information from candidates via the Platform (such as social security numbers or financial information) except as necessary for legitimate hiring processes and in compliance with privacy laws.
Confidentiality of Candidate Data: The Platform may provide you with personal information about candidates (for example, resumes, contact information, work history, or other details). You agree to treat candidate information as confidential and use it only for the purpose of evaluating and contacting candidates for potential employment. You will not disclose candidate personal information to unauthorized parties, and you will handle any personal data received in accordance with applicable privacy laws. If you download or retain any candidate data, you are responsible for securing it and using it in a manner consistent with your own privacy obligations and ours. High level candidate information (such as name, years of experience and location) is available for all registered Platform users to see. Additional candidate information (such as contact information and resumes) is displayed to Employers only when the Employer has posted a job opening or has expressed interest in a candidate and the candidate has accepted an invitation to connect. Employers acknowledge that they are solely responsible for independently verifying candidate identity, work authorization, certifications, licenses, and any other credentials prior to making hiring decisions.
No Improper Use: You will not misuse the Platform in any way. This includes not interfering with or disrupting the Platform’s operation, not attempting to bypass any security or access controls, and not data mining or harvesting information from the Platform outside of the intended use. You also agree not to use the Platform to send unsolicited or spam communications to candidates or other users. All communications via the Platform should be related to bona fide employment opportunities.
Account Use: Your account is meant to be used by you (and authorized colleagues within your organization). You must not share your login with unauthorized persons. If you are using a multi-user employer account, each user must have their own login credentials as permitted by the Platform’s features. You are responsible for actions taken under your account by your employees or agents; any person using the Platform through your credentials is deemed to be authorized by you.

OSS Recruitment reserves the right to remove or edit any content that violates these Terms or to suspend/terminate accounts engaged in prohibited conduct, with or without notice.

4. Intellectual Property Rights

All content and materials available on the Platform, including but not limited to software, databases, algorithms, text, design, graphics, logos, trademarks, and trade names, are the property of OSS Recruitment Inc. or its licensors and are protected by intellectual property laws. OSS Recruitment retains all rights, title, and interest in the Platform and Services, including all related intellectual property and proprietary rights.

License to You: Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and Services for your internal business recruitment purposes. You may not resell or transfer access to the Platform to any third party. You shall not copy, modify, distribute, lease, reverse engineer, or create derivative works from any part of the Platform unless expressly permitted by us in writing.

Your Content: As an Employer, you may submit or upload content to the Platform, such as company profiles, logos, job descriptions, and messages to candidates. You retain ownership of any intellectual property rights in the content that you provide. However, by providing or posting content on the Platform, you grant OSS Recruitment a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, display, distribute, and adapt your content as needed to operate the Services. For example, we may display your job postings to candidates and use your company name/logo to indicate your job listings on the Platform. You represent and warrant that you have the necessary rights to all content you submit and that such content does not infringe or violate the rights of any third party.

All rights not expressly granted to you in these Terms are reserved by OSS Recruitment and its licensors. Any unauthorized use of the Platform or our intellectual property is strictly prohibited and may result in termination of this license and your access to the Platform.

5. Subscription Fees and Payment Terms

Subscription Model: Use of the Platform is offered on a subscription basis for Employers. By subscribing to the Service, you agree to pay the subscription fees indicated for the plan you select. Fees are typically billed either on a monthly or an annual cycle (unless otherwise agreed in writing). You will be charged in advance for each subscription period. All fees are stated in U.S. dollars (USD) unless otherwise specified, and payment must be made in USD.

Payment and Billing: You must provide a valid payment method (such as a credit card or ACH information) when subscribing. By providing a payment method, you authorize OSS Recruitment (or our third-party payment processor) to charge the applicable subscription fees to your payment method on a recurring basis. Subscription charges will occur at the start of each billing period (e.g., monthly) and will cover that period. If you add services or upgrade your plan, you may be charged the prorated amount for the remainder of the current period or the new rate starting from the next period, as applicable.

No Refund Policy: All fees are non-refundable. This means that once you have paid for a subscription period, you will not receive a refund or credit for any unused time or services within that period, even if you decide to cancel or downgrade your plan. For example, if you cancel your subscription in the middle of a month, the cancellation will take effect at the end of the current billing cycle, and you will not receive a refund for the remaining days of that month. We reserve the right, in our sole discretion, to make exceptions (such as a refund or credit) in the case of a verified Platform error or in extenuating circumstances, but there is no guarantee that any refund will be granted.

Subscription Renewal: Your subscription will automatically renew at the end of each billing period (e.g., monthly) for the same term and at the then-current rate, unless you cancel the subscription before the next billing date. We may adjust subscription fees upon renewal. If fees have changed, we will provide advance notice (for example, via email or via the Platform) of any rate changes before your subscription renews. If you do not agree to a fee change, you must cancel your subscription prior to the renewal date. Continued use of the Service after the renewal will constitute acceptance of the new fees.

Late Payments: If we are unable to process your payment for any reason (e.g., your payment method on file is expired or has insufficient funds), we will notify you and may attempt to charge again. If payment is not received within a reasonable time, OSS Recruitment reserves the right to suspend or terminate your access to the Platform until fees are paid. You are responsible for any costs we incur in our efforts to collect unpaid fees, including legal fees and collection agency charges, if applicable.

Taxes: Subscription fees do not include any taxes (such as sales, use, VAT, or similar taxes) that may apply. You are responsible for any applicable taxes in connection with your subscription, other than taxes based on our income. We will charge tax if and as required by law, and such taxes will be added to your billing amount as applicable.

6. Term and Termination of Service

These Terms are effective from the moment you accept them (or first use the Platform) and will remain in effect until terminated by either you or OSS Recruitment as described here.

Your Right to Terminate: You may terminate your account or subscription at any time by providing notice to OSS Recruitment (for example, by using any available “Cancel subscription” feature in your account settings or by contacting customer support). If you terminate, you will continue to have access to the Platform until the end of your paid-up subscription period, after which your access will be revoked. Termination of your account will not relieve you of any obligation to pay any accrued or outstanding fees. As noted, no refunds will be provided for early termination or unused time in your subscription.
OSS Recruitment’s Right to Terminate or Suspend: We may suspend or terminate your account and use of the Platform at our discretion upon notice to you, or immediately in certain serious circumstances. Grounds for termination or suspension may include, but are not limited to: (a) breach of these Terms or any other policies incorporated by reference; (b) failure to pay fees when due; (c) conduct that causes harm or liability to other users, third parties, or the Platform’s operation; or (d) if we cease offering the Services. We will attempt to provide advance notice of suspension or termination when reasonable, but we may immediately suspend or terminate your account without notice if we, in our sole judgment, determine that your actions seriously violate these Terms or pose a security, legal, or operational risk.
Effect of Termination: Upon termination of your account, whether by you or us, your right to access or use the Platform will cease. We may disable your account and prevent further access, and you should immediately cease all use of the Platform. Any content or data you have provided, including job postings or messages, may be retained or deleted in accordance with our Privacy Policy and data retention practices. We recommend that you extract or save any information you may need (such as copies of job descriptions or candidate communications) prior to terminating your account. We are not liable to you for compensation, indemnity, or damages of any sort solely as a result of terminating your rights to use the Platform in accordance with these Terms.
Surviving Provisions: Any provisions of these Terms which by their nature should survive termination (such as intellectual property rights, indemnification, warranty disclaimers, limitations of liability, governing law, and payment obligations for fees accrued) shall survive termination and remain in effect.

7. Disclaimer of Warranties

Use “As-Is”: The Platform and all Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. OSS Recruitment, to the fullest extent permitted by law, disclaims all warranties express, implied, or statutory, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

In particular, OSS Recruitment does not warrant that: (a) the Platform will be uninterrupted, error-free, secure, or meet your specific needs or expectations; (b) any results, placements, or hiring outcomes will occur (for example, OSS Recruitment makes no guarantee that you will find suitable candidates or successfully hire any individual via the Platform); or (c) the information (including any candidate data) obtained through the Platform will be accurate, reliable, complete, or up-to-date. Any material or data you download or otherwise obtain through the use of the Platform is accessed at your own discretion and risk.

We are not responsible for any technology limitations or issues on your side, or for any damage that may occur to your computer systems or data from use of the Platform (such as due to viruses or other harmful code, although we take reasonable measures to prevent such issues).

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, any implied warranties will be limited to the maximum extent permitted by applicable law.

8. Limitation of Liability

To the maximum extent permitted by law, in no event will OSS Recruitment Inc. or its affiliates, officers, directors, employees, agents, or partners be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, loss of business opportunity, loss of data, or business interruption arising out of or in connection with your use of or inability to use the Platform or Services. This limitation of liability applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

In addition, to the fullest extent permitted by law, OSS Recruitment’s total cumulative liability for any claims arising out of or related to the Services or these Terms shall not exceed the total amount of fees you paid to OSS Recruitment for the Services in the twelve (12) months immediately preceding the event giving rise to the claim. If you have not paid any fees to OSS Recruitment for the use of the Platform (for example, if a free trial or free tier is available), OSS Recruitment’s total liability shall not exceed $100 (USD).

Exceptions: Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law – for example, for gross negligence, willful misconduct, or personal injury caused by our negligence, or any other liability which by law cannot be limited or excluded. However, to the extent such liabilities can be limited, they are limited to the fullest extent permitted by law.

You acknowledge that OSS Recruitment is offering the Platform and entering into these Terms in reliance on the disclaimers of warranty and the limitations of liability set forth herein, and that these provisions form an essential basis of the bargain between you and us.

9. Indemnification

You agree to defend, indemnify, and hold harmless OSS Recruitment Inc., its parent, affiliates, and their respective officers, directors, employees, and agents (collectively, “Indemnified Parties”) from and against any and all claims, suits, actions, demands, liabilities, losses, damages, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (a) your use of the Platform or Services; (b) any content you provide or actions you take through the Platform (including information in your job posts or communications with candidates); (c) your actual hiring or employment of any candidate (including any disputes, claims, or proceedings related to wages, discrimination, termination, or other employment-related matters); and/or (d) your breach of these Terms or violation of any applicable law or regulations.

OSS Recruitment reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you agree to cooperate with our defense of such a claim. You may not settle any such matter without the prior written consent of OSS Recruitment. We will use reasonable efforts to notify you of any claim subject to indemnification as soon as we become aware of it.

This indemnification obligation will survive any termination of your account or these Terms.

10. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to the Platform or Services shall be governed by and construed in accordance with the laws of the State of California, USA, and, to the extent applicable, U.S. federal law, without giving effect to any conflict of law principles that would result in the application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

Jurisdiction and Venue: You agree that any disputes or claims arising out of or in connection with these Terms or your use of the Platform shall be exclusively brought in the state or federal courts located in the State of California. You consent to the personal jurisdiction of such courts and waive any objections to the convenience of this forum.

Injunctive Relief: Notwithstanding the above, you acknowledge that unauthorized use of the Platform or breach of certain provisions (such as intellectual property or confidentiality obligations) may cause irreparable harm to OSS Recruitment for which monetary damages would be inadequate. In such cases, we may seek injunctive or equitable relief in any court of competent jurisdiction to stop or prevent such violations, in addition to any other rights or remedies we may have.

11. Changes to Terms

OSS Recruitment may update or modify these Terms from time to time. If we make material changes, we will provide you with notice, such as by posting the updated Terms on our website or within the Platform and updating the “Last Updated” date at the top, or by another appropriate means. It is your responsibility to review any updated Terms. Your continued use of the Platform after updated Terms have been posted (and after the effective date of those changes) constitutes your acceptance of the revised Terms. If you do not agree to any updated Terms, you must stop using the Platform and, if applicable, cancel your subscription.

We encourage you to periodically review the Terms to stay informed of any changes. Any amendments will not apply retroactively and will not affect any dispute arising prior to the effective date of the change.

12. Miscellaneous Provisions

No Agency or Partnership: No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created between you and OSS Recruitment by these Terms or by your use of the Platform. You are not an agent of OSS Recruitment, and you have no authority to make any commitments or representations on our behalf.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. OSS Recruitment may freely assign or transfer these Terms (in whole or in part) as part of a corporate reorganization, sale of assets, merger, or to an affiliate, or by operation of law. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of OSS Recruitment.
Entire Agreement: These Terms (together with any Order Form or subscription agreement, and the Privacy Policy referenced below) constitute the entire agreement between you and OSS Recruitment regarding the Platform and Services, and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral, relating to the subject matter herein. In the event of a conflict between these Terms and any Order Form or additional agreement with you, the terms of the Order Form or additional agreement shall control to the extent of the conflict.
Third-Party Integrations: The Platform may be embedded within other workforce or scheduling applications or integrated with service providers used for analytics, error tracking, email delivery, or SMS messaging. Certain features, promotions, or teaser information may be displayed within such applications to encourage use of the recruitment service.
AI and Machine Learning: The Platform may use artificial intelligence (AI) and machine learning technologies to process data and to support or implement certain features, such as candidate matching, recommendations, automated screening, and communication tools. We may also use data provided through the Platform to train and improve AI models in order to enhance accuracy, efficiency, and user experience. Any such use of data will be conducted in accordance with applicable laws and our Privacy Policy.

13. Contact Information

If you have questions about these Terms & Conditions or need to send us any notice, you may contact us at legal&opensimsim.com or send correspondence to 1084-B N. El Camino Real #255 Encinitas, CA 92024. All notices and communications under these Terms should be in writing and will be deemed given (a) when delivered personally, (b) when sent by confirmed email, or (c) when delivered by certified or registered mail, return receipt requested, to the address on records.