Terms of Service — Eight Point Solutions Portal (EPS Portal)

Plain-language summary

These Terms govern use of EPS Portal. They include rules for all users and additional obligations for Employer Customers using EPS Portal for recruiting and HR functions.

1) Agreement to these terms

By accessing or using EPS Portal (the "Services"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Services.

If you use the Services on behalf of an organization (an "Employer Customer"), you represent you have authority to bind that organization.

2) Relationship to Privacy Policy and DPAs

Our Privacy Policy explains how we process data. In the event of a conflict between these Terms and a signed Data Processing Addendum (DPA) with an Employer Customer, the DPA controls for employer-directed personal data processing.

3) Eligibility and accounts

You must be at least 13 years old to use the Services. Employer Customers may impose higher age requirements for employment or job application use (e.g., 18+).

You agree to provide accurate account information and to maintain the confidentiality of your login credentials.

4) Acceptable use

You agree not to:

• Break the law or violate others' rights
• Upload malicious code or attempt to disrupt platform security
• Access accounts or data without authorization
• Use EPS Portal to discriminate unlawfully or to violate employment laws

We may suspend or terminate access for violations.

5) Employer Customer terms (Recruiting and HR Use)

If you are an Employer Customer, you agree that you are solely responsible for:

A) Employment and Recruiting Compliance

• All hiring, compensation, discipline, promotion, and termination decisions
• Complying with applicable employment laws
• Providing candidates/employees legally required notices and obtaining required consents

B) Background Checks (FCRA)

If you obtain consumer reports/background checks, you are responsible for FCRA compliance, including required disclosures, authorizations, and adverse action procedures.

C) Data Controller Responsibilities

You are the controller of personal data processed in your workspace for recruiting/HR/training purposes.

D) Security and Access Controls

You will manage user permissions and promptly remove access for departing personnel.

E) Data Processing Contracting

You will enter into a DPA and/or service-provider contract with Eight Point Solutions where required.

6) User content and licenses

"User Content" means information and files submitted to the Services (e.g., resumes, course submissions, HR documents).

You retain ownership of your User Content.

You grant Eight Point Solutions a limited, non-exclusive license to host, store, process, transmit, and display User Content solely to provide and secure the Services and to comply with law.

7) AI features

If AI-assisted features are enabled:

• You are responsible for ensuring that any prompts or inputs you provide comply with law and do not include sensitive personal data unless strictly necessary and authorized.
• Eight Point Solutions does not provide legal, HR, or employment advice, and AI outputs may be inaccurate. Employer Customers remain responsible for employment decisions.

8) Third-party services

The Services may integrate with third-party services (e.g., Google Calendar). Your use of those services may be governed by third-party terms. Eight Point Solutions is not responsible for third-party services.

9) Fees (If Applicable)

If fees apply, they will be set out in an order form, statement of work, or pricing page. Failure to pay may result in suspension.

10) Termination

We may suspend or terminate access if you violate these Terms or pose a security risk.

Employer Customers may terminate their subscription per contract terms. Upon termination, employer-directed data handling will follow the DPA and contract.

11) Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, EIGHT POINT SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• EIGHT POINT SOLUTIONS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
• TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY THE EMPLOYER CUSTOMER IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (OR $100 USD IF NO FEES WERE PAID).

Some jurisdictions do not allow certain limitations, so some of the above may not apply.

13) Indemnification

You agree to indemnify and hold harmless Eight Point Solutions from claims arising out of:

• Your use of the Services in violation of law or these Terms
• Your User Content
• For Employer Customers: your recruiting/HR decisions, background checks, and compliance obligations

14) Dispute resolution; Arbitration; Class waiver

A) Informal Resolution

Before filing a claim, you agree to contact us at support@eightpointsolutions.com or +1 (410) 525-5775 to attempt informal resolution for at least 30 days.

B) Arbitration Agreement

Any dispute arising out of these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA), except that either party may seek injunctive relief in court.

C) Class Action Waiver

Disputes must be brought on an individual basis. You waive the right to participate in class or representative actions, to the extent permitted by law.

D) Governing Law; Venue

These Terms are governed by the laws of the State of Maryland. If a dispute is not subject to arbitration, venue will be in state or federal courts in Baltimore County, Maryland.

15) Changes to terms

We may update these Terms. If changes are material, we will provide notice. Continued use indicates acceptance.

16) Contact