Terms of Service

1. These terms

SKYSOFTAGENCY is a recruiting and applicant-tracking service for trucking and transportation companies ("carriers"), operated by SKYSOFTAGENCY ("we", "us"). These terms govern access to and use of the service. By creating an account, signing in, or otherwise using the service, you agree to them. If you use the service for a company, you agree on that company's behalf and confirm that you are allowed to.

If a carrier has a separate signed agreement or order with us, that agreement applies together with these terms and prevails where the two conflict. How we handle personal information is described in the Privacy Policy.

2. Who the service is for

• Carriers and their staff. The service is a business tool. Accounts are created by us or by a carrier's owner or administrator; there is no public sign-up. You must be at least 18 and authorized by the carrier whose account you use.
• Applicants. If you apply to a carrier through a form hosted on the service, or message a carrier on a channel it connected, you are dealing with that carrier. The carrier — not us — decides whether to contact, interview or hire you, and is responsible for its hiring practices. Sections 5, 9 to 13 and 15 apply to you; the rest concern carriers.

3. Accounts and security

• Each user signs in with their own e-mail address and password. Do not share accounts or passwords.
• The carrier decides who has an account and with what role, and is responsible for what is done through its users' accounts.
• Remove or deactivate a user promptly when they leave or should no longer have access.
• Tell us without delay if you believe an account or the service has been accessed without authorization.

4. The carrier's responsibilities

The service gives a carrier tools that the law regulates. Having the tool is not the same as having the right to use it in a particular case; the carrier is responsible for using each of them lawfully. In particular:

• Background reports. Before ordering a motor vehicle record, an FMCSA Pre-Employment Screening Program (PSP) report, or any other report about a person, the carrier must have a lawful purpose and the disclosures and written authorization the law requires — including, where they apply, the Fair Credit Reporting Act, the Driver's Privacy Protection Act, the PSP program's terms, and state law — and must follow the required steps before and after acting on a report. The carrier uses its own accounts with report providers and is bound by their terms.
• Calls, recordings and messages. The carrier must have the consent the law requires before calling or texting a person (including under the Telephone Consumer Protection Act and state equivalents), must honour opt-outs, and must give any notice and obtain any consent required to record or transcribe a call. Calls are placed, recorded and transcribed by the phone system the carrier connects, under the carrier's control.
• Facebook and Instagram. A carrier that connects its Facebook Pages or Instagram account must have the authority to do so and must follow Meta's terms and policies, including its rules on when and how a business may message a person.
• Hiring decisions. The service organizes information; it does not decide who is qualified or hired. The carrier makes those decisions and is responsible for complying with employment, anti-discrimination and driver-qualification law, and for keeping the records the law requires it to keep.
• The information it puts in. The carrier is responsible for the accuracy and lawfulness of the information it and its users enter, import or collect through the service, and for having the right to give it to us to process.

5. Acceptable use

You agree not to:

• use the service unlawfully, or to harass, deceive, discriminate against or send unsolicited messages to anyone;
• submit information about another person without the right to, or submit information you know to be false;
• access or try to access another carrier's data, or any part of the service you are not authorized to use;
• probe, scan, overload or disrupt the service, get around its security or limits, or use automated means to extract data from it, except through interfaces we provide for that purpose;
• upload malicious code, or reverse engineer the service except where the law allows it regardless of this term;
• resell the service or provide it to third parties without our written agreement.

6. Carrier data

The information a carrier and its applicants put into the service ("carrier data") belongs to the carrier, or to the people it is about — not to us. The carrier gives us the right to host, process, transmit and display carrier data only as needed to provide, secure and support the service and as the carrier directs. We process personal information in carrier data on the carrier's behalf, as its service provider, as the Privacy Policy describes. We do not sell carrier data or use it for advertising.

On request during the term, and for 30 days after it ends, we will make the carrier's data available for export in a reasonable format; after that we delete it, except where the law requires us to keep it.

7. Connected third-party services

The service can connect to services run by others — for example Meta (Facebook and Instagram), report providers such as the FMCSA PSP and motor vehicle record vendors, and the carrier's phone system. The carrier chooses which to connect and uses them under its own accounts and their providers' terms. We are not responsible for those services, for their availability, or for the accuracy of what they return, and a connection may change or stop working if its provider changes or withdraws it.

8. Fees

Fees, billing periods and payment terms are those in the carrier's order or agreement with us. Charges made by third parties — for example for reports a carrier orders, or by its phone provider — are between the carrier and that third party. Using the service as an applicant is free.

9. Our service and your feedback

We and our licensors own the service, including its software, design and documentation. Subject to these terms we give you a limited, non-exclusive, non-transferable right to use it for its intended purpose while your access lasts. Nothing else is granted. If you send us suggestions, we may use them without obligation to you.

10. Availability and changes

We work to keep the service available and secure, but it may be interrupted for maintenance, by faults, or by events outside our control. We may add, change or remove features. If a change materially reduces what a paying carrier relies on, we will give reasonable notice where we can.

11. Suspension and ending

• You may stop using the service at any time. A carrier may end its subscription as its order or agreement provides.
• We may suspend or end access if these terms are broken, if fees are overdue, if the law or a third-party provider requires it, or if use of the service puts it or other people at risk. Where it is reasonable to, we will give notice and a chance to put things right first.
• Sections that by their nature should outlast the end of access — including 4, 6, 9 and 12 to 15 — continue to apply.

12. Disclaimers

The service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that information obtained through it — including reports, lead details, call transcripts and automated summaries — is accurate or complete.

We are not a consumer reporting agency, an employer of any applicant, a law firm or a compliance adviser. Nothing in the service is legal advice, and using it does not by itself make a carrier compliant with any law.

13. Limitation of liability

To the fullest extent the law allows, neither we nor our suppliers are liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from or related to the service or these terms, however caused and even if advised that they were possible.

To the same extent, our total liability for all claims arising from or related to the service or these terms is limited to the amount the carrier paid us for the service in the twelve months before the event giving rise to the claim, or one hundred U.S. dollars if nothing was paid. Nothing in these terms limits liability that the law does not allow to be limited.

14. Indemnity

A carrier will defend and indemnify us against third-party claims, and the resulting costs and damages, that arise from its carrier data, from its use of the service in breach of these terms or of the law — including its ordering of reports, its calls, recordings and messages, and its hiring decisions — or from its use of a connected third-party service.

15. Governing law and disputes

These terms are governed by the laws of the place where SKYSOFTAGENCY is established, without regard to its conflict-of-laws rules, and the courts of that place have exclusive jurisdiction over disputes arising from them, except where the law gives you the right to bring a claim elsewhere.

Before starting a claim, each side will first tell the other in writing what the dispute is and try in good faith for 30 days to resolve it.

16. General

• Changes. We may update these terms. The date at the top shows when they last changed; if a change is significant we will tell carriers before it takes effect. Continuing to use the service after that means you accept the updated terms.
• Whole agreement. These terms, the Privacy Policy and any order or signed agreement are the whole agreement about the service. If part of these terms cannot be enforced, the rest still applies. Not enforcing a term is not giving it up.
• Transfer. You may not transfer these terms without our consent. We may transfer them to a successor to the business that takes on their commitments.
• Notices. We may give notice by e-mail to an account's address or within the service. Notices to us go to the address below.

17. Contact