This Employer Responsibility Agreement (“Agreement”) is entered into by and between Fast Hiring LLC, doing business as FastHiring (“FastHiring,” “we,” “our,” or “us”), and the employer, recruiter, staffing agency, or other hiring professional accessing or using the FastHiring platform (“Hiring Organization,” “you,” or “your”). This Agreement is incorporated into and forms part of the Terms of Service. In the event of a conflict, this Agreement controls with respect to hiring organization-specific obligations; the Terms of Service controls on all other matters.
By posting jobs, uploading candidate data, sending communications through the platform, conducting interviews, or otherwise using the platform in a hiring capacity, you agree to be bound by this Agreement.
I. PLATFORM ROLE AND LIMITATION OF RESPONSIBILITY
FastHiring provides a technology platform designed to facilitate hiring workflows, including candidate outreach, scheduling, and real-time interview coordination. FastHiring does not act as an employer, recruiter, staffing agency, or hiring decision-maker. FastHiring does not evaluate candidates, verify qualifications, validate job postings, or participate in hiring decisions.
You acknowledge that FastHiring does not control, monitor, supervise, or participate in communications, interviews, or hiring activities conducted through the platform. All hiring decisions, candidate evaluations, and employment-related actions are made solely by you. You assume full responsibility for all outcomes resulting from your use of the platform.
FastHiring processes candidate personal information submitted through the platform as a service provider and processor (as applicable under relevant law) acting solely on your instructions. FastHiring processes such information only as necessary to provide the Service and does not use it for its own independent commercial purposes.
II. COMPLIANCE WITH APPLICABLE LAW
You agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of the platform, including without limitation: (a) anti-discrimination and equal employment opportunity laws including Title VII, the ADEA, and the ADA; (b) the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act with respect to all candidate communications; (c) applicable state and local privacy laws including CCPA/CPRA, Virginia VCDPA, Colorado CPA, Connecticut CTDPA, and similar laws based on candidate location; (d) pay transparency and compensation disclosure laws in all jurisdictions where positions are located or advertised; (e) applicable state and local laws governing pre-employment inquiries, background checks, and hiring practices; (f) the Fair Credit Reporting Act (FCRA) if you conduct background checks on candidates sourced through the platform.
FastHiring does not provide legal advice and does not monitor or enforce your compliance with applicable law. You are solely responsible for ensuring your use of the platform meets all applicable legal requirements and you are advised to consult qualified employment and privacy counsel.
III. JOB POSTINGS AND COMPENSATION DISCLOSURE
You represent and warrant that all job postings, descriptions, qualifications, compensation disclosures, and related materials submitted through the platform are accurate, truthful, and reflect bona fide employment opportunities. You shall not use the platform to create misleading, deceptive, speculative, or non-genuine job postings, including for the purpose of collecting candidate data or testing market conditions.
FastHiring requires compensation information to be displayed on all candidate registration pages. Compensation may be expressed as a pay range, hourly rate, annual salary, up to rate, or other format as applicable to the role. You are responsible for ensuring the compensation information displayed is accurate, reflects the actual compensation for the role, and complies with all applicable pay transparency and compensation disclosure laws in the jurisdictions where the position is located or advertised, including but not limited to laws in California, Colorado, New York, Washington, Connecticut, Maryland, Nevada, Rhode Island, Illinois, and Minnesota.
FastHiring does not review, verify, or validate job postings or compensation disclosures and disclaims all responsibility for the accuracy or legality of such content.
IV. CANDIDATE DATA, UPLOADED LISTS, AND CONSENT
You acknowledge that FastHiring does not maintain a candidate database and does not source candidates on your behalf. All candidate contact information entered into the platform is uploaded solely by you from your own sources, which may include your own applicant tracking systems, prior applicant pools, purchased contact lists, or other recruitment databases.
You acknowledge that FastHiring sends emails and SMS messages to candidates in direct reliance on your representation that you have a lawful basis to contact each individual. FastHiring has no ability to independently verify the source, age, or legality of uploaded candidate lists. You bear sole responsibility for ensuring all uploaded data was lawfully obtained and that contact is permitted under applicable law, including CAN-SPAM, TCPA, and applicable state privacy laws.
You represent and warrant that:
(a) All candidate contact information uploaded was lawfully obtained through your own recruiting activities and you have a lawful basis to contact each individual regarding the specific employment opportunity;
(b) Where candidate data was sourced from purchased lists or third-party databases, you have verified that such data was lawfully collected and that contact for employment purposes is permitted;
(c) You are solely responsible for ensuring TCPA-compliant prior express written consent for any candidates to whom SMS communications are sent through the platform. Such consent records shall be retained for a minimum of five (5) years;
(d) You have obtained all notices, consents, and authorizations required under applicable law — including CAN-SPAM, TCPA, and applicable state privacy laws — to authorize FastHiring to send emails and SMS messages to uploaded candidates on your behalf;
(e) You will not upload sensitive personal information including Social Security numbers, health information, biometric data, or financial account credentials unless strictly required for a legally mandated purpose and you have obtained all required consents;
(f) You will not upload or process personal information of individuals located in the EU or UK unless you have a lawful basis under GDPR or UK GDPR and you agree to indemnify FastHiring for any claims arising from such processing;
(g) Candidate data accessed through the platform shall be used solely for legitimate hiring purposes for the specific role for which the candidate was invited and shall not be used for marketing, resale, or any unlawful purpose.
FastHiring does not verify the legality of your data or your compliance with applicable privacy laws and disclaims all liability arising from your handling of candidate data.
V. EMAIL COMMUNICATIONS ON YOUR BEHALF
You acknowledge and agree that FastHiring sends emails to candidates on your behalf using FastHiring-managed email infrastructure and delivery domains. By uploading candidate contact information and initiating a hiring session, you expressly authorize FastHiring to send invitation, confirmation, and reminder emails to those candidates on your behalf.
FastHiring will use reasonable efforts to display the Hiring Organization’s name in outgoing email headers based on the sender name you provide. However, display of the sender name may vary depending on the recipient’s email provider and is not guaranteed. The body of all outgoing emails will identify FastHiring as the sender on behalf of the Hiring Organization.
You are solely responsible for the accuracy, legality, and appropriateness of all content you provide for inclusion in candidate communications, including job descriptions, compensation information, and any customized messaging. FastHiring does not review, moderate, or approve email content before sending and disclaims all liability for claims arising from Hiring Organization-authored content.
You are the legal “sender” of such communications for purposes of CAN-SPAM and applicable state electronic communications laws. You are solely responsible for ensuring the recipient list is lawful and that unsubscribe or opt-out requests are honored promptly. FastHiring will include standard unsubscribe mechanisms in outgoing candidate emails where required by law. You shall not instruct FastHiring to suppress or override such mechanisms.
VI. SMS COMMUNICATIONS AND TCPA COMPLIANCE
Where SMS functionality is enabled, FastHiring will send interview reminder and confirmation text messages to candidates on your behalf. You acknowledge that TCPA violations carry statutory damages of $500–$1,500 per message. You represent and warrant that: (a) you have authorized FastHiring to send SMS messages to candidates on your behalf; (b) prior express written consent has been or will be obtained from each candidate at the point of registration using compliant opt-in language; (c) you will not instruct FastHiring to send SMS to any individual who has opted out or not provided required consent; (d) you will cooperate with FastHiring to honor any STOP or opt-out requests.
FastHiring will implement opt-in consent capture at candidate registration and will process STOP requests through automated opt-out handling. You agree to indemnify FastHiring for any TCPA claims, including class action claims, arising from your instructions or from any deficiency in the consent you obtained prior to uploading candidate phone numbers.
VII. PRESCREENING, KNOCKOUT CRITERIA, AND AUTOMATED DECISION-MAKING
You are solely responsible for creating, selecting, and using any prescreening questions, knockout criteria, or evaluation methods within the platform. You agree that all such criteria shall be: (a) directly and demonstrably related to specific job requirements; (b) non-discriminatory and compliant with Title VII, the ADEA, the ADA, and all applicable state and local equivalents; (c) free from questions about race, color, religion, sex, national origin, age, disability, pregnancy, genetic information, or any other protected characteristic except where a documented bona fide occupational qualification applies; (d) free from citizenship or immigration status questions unless the specific role legally requires verification.
FastHiring does not use artificial intelligence or automated scoring to evaluate candidates. Prescreening qualification filtering is a rule-based pass/fail check configured solely by you. FastHiring does not review, validate, or approve any prescreening questions or hiring criteria. Any templates or examples provided by the platform are for convenience only and do not constitute legal guidance. You are advised to consult employment counsel before implementing screening criteria.
VIII. STAFFING AGENCY AND INTERMEDIARY USE
If you are a staffing agency, recruiting firm, or other intermediary using the platform on behalf of an end-client employer: (a) you represent and warrant that you have authority to act on behalf of the end-client employer; (b) you represent that the end-client’s job posting is a bona fide employment opportunity; (c) you represent that you have lawful basis to share candidate data with FastHiring on behalf of the end-client; (d) you agree to provide FastHiring with the identity of the end-client upon request in connection with any legal or compliance inquiry; (e) your indemnification obligations extend to claims arising from the end-client’s hiring activities facilitated through your account.
Where you manage multiple end-client employers under a single account, you remain solely responsible for all activity across all end-client sessions. You represent and warrant that you have authority to act on behalf of each end-client and that all obligations under this Agreement extend to each end-client’s hiring activities conducted through your account.
Where you use the platform to hire for your own internal workforce, the general terms of this Agreement apply without modification.
IX. INTERVIEW PROCESS AND PLATFORM FUNCTIONALITY
The platform facilitates live audio and video interviews using self-hosted video infrastructure. FastHiring does not currently provide end-user-facing recording functionality and does not store the audio or video content of interviews. If recording functionality is introduced in the future, FastHiring will implement appropriate notice and consent mechanisms prior to any such feature becoming available.
You are solely responsible for ensuring compliance with all applicable laws regarding the conduct of interviews, including all-party consent requirements for recording under applicable state laws. FastHiring does not guarantee candidate attendance, participation, scheduling reliability, or hiring outcomes.
X. NO EMPLOYMENT RELATIONSHIP
Nothing in this Agreement shall be construed to create any employment, agency, partnership, joint venture, or joint-employer relationship between FastHiring and any Hiring Organization or candidate. FastHiring acts solely as a neutral technology provider facilitating interactions between independent parties.
XI. PLATFORM MONITORING AND ENFORCEMENT
FastHiring reserves the right, but not the obligation, to monitor use of the platform for compliance with this Agreement and the Terms of Service. FastHiring may investigate suspected violations and may, in its sole discretion, remove content, restrict functionality, suspend accounts, or terminate access where it determines that a Hiring Organization’s conduct creates legal risk, violates these terms, or negatively impacts the platform or its users.
Such actions may be taken with notice where reasonably practicable. For actions taken without prior notice due to security, legal, or safety concerns, FastHiring will notify the Hiring Organization as soon as reasonably possible after taking action.
XII. DATA PROCESSING AND DPA
FastHiring processes candidate personal information submitted through the platform as a service provider and processor acting solely on your instructions. FastHiring agrees that: (a) it will not use candidate data for any purpose other than providing the Service; (b) it will not use candidate data outside the direct business relationship; (c) it will not combine candidate data with data from other sources except as necessary to detect security incidents or protect against fraudulent activity; (d) it will notify you if it can no longer meet its service provider obligations; (e) it will flow data protection obligations to subprocessors; (f) you have the right to take steps to ensure FastHiring’s use of data is consistent with your legal obligations; (g) FastHiring certifies it understands and will comply with these restrictions.
FastHiring’s Data Processing Addendum (“DPA”) is available at fasthiring.ai/DPA or upon request at support@fasthiring.ai.
In the event of a confirmed security incident involving candidate data processed on your behalf, FastHiring will notify you within seventy-two (72) hours of becoming aware of the incident. In the event of any actual or suspected unauthorized access to candidate data you control, you agree to notify FastHiring at privacy@fasthiring.ai within forty-eight (48) hours and cooperate in investigating and mitigating the incident.
XIII. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” FASTHIRING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FASTHIRING DOES NOT GUARANTEE ANY HIRING RESULTS, CANDIDATE QUALITY, OR PLATFORM PERFORMANCE.
XIV. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FASTHIRING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION DAMAGES RELATED TO HIRING DECISIONS, CANDIDATE INTERACTIONS, OR EMPLOYMENT OUTCOMES, REGARDLESS OF THE THEORY OF LIABILITY.
FASTHIRING’S TOTAL AGGREGATE LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO FASTHIRING IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
THE FOREGOING LIMITATIONS DO NOT APPLY TO: (I) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION XV; (II) EITHER PARTY’S LIABILITY FOR BREACH OF CONFIDENTIALITY OBLIGATIONS; (III) EITHER PARTY’S LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY; OR (IV) LIABILITY ARISING FROM EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
XV. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless FastHiring and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, penalties, fines, and expenses, including reasonable attorneys’ fees, arising out of or related to:
(a) Your job postings, hiring practices, candidate communications, or hiring decisions;
(b) Your upload, use, processing, or breach of candidate data, including any violation of CAN-SPAM, TCPA (including TCPA class actions), CCPA, or other applicable privacy or communications laws;
(c) Your use of purchased, scraped, or third-party candidate lists, including claims that any individual did not have a prior relationship with you or did not consent to be contacted;
(d) Your prescreening questions, knockout criteria, or evaluation methods, including any claims of employment discrimination or disparate impact;
(e) Any EEOC charge, state civil rights agency charge, or employment discrimination lawsuit arising from your use of the platform;
(f) Any claim that you and FastHiring constitute joint employers under the NLRA or applicable state law;
(g) Any wage and hour claim by a candidate who alleges that activities conducted through the platform constituted compensable work;
(h) Any BIPA or biometric privacy law claim arising from your use of any biometric tool in connection with interviews conducted through the platform;
(i) Any FCRA claim arising from your use of background checks in connection with candidates sourced through the platform;
(j) Your violation of applicable employment, anti-discrimination, pay transparency, or equal opportunity laws;
(k) Where applicable, claims arising from the end-client’s hiring activities facilitated through your account as a staffing agency or intermediary;
(l) Any claim arising from email or SMS content you provided or customized for inclusion in candidate communications;
(m) Any breach of this Agreement or the Terms of Service.
FastHiring reserves the right to assume exclusive defense and control of any matter subject to indemnification. You shall not settle any claim that imposes any obligation on FastHiring without FastHiring’s prior written consent.
XVI. TERM AND TERMINATION
This Agreement remains in effect for so long as you use the platform. For termination based on a curable breach of this Agreement — excluding security incidents, illegal activity, material threats to the platform, or non-payment — FastHiring will provide written notice specifying the breach and a thirty (30) day cure period. If you fail to cure within such period, FastHiring may terminate immediately. For security incidents, illegal activity, non-payment, or material threats, FastHiring may suspend or terminate immediately with concurrent written notice.
Upon termination, FastHiring will retain your data for one hundred eighty (180) days, during which you may request an export in a structured, machine-readable format such as JSON. Following the retention period, FastHiring will delete or anonymize your data in accordance with its data retention practices. You agree to promptly delete candidate data obtained through the platform for which you no longer have a legitimate hiring purpose, unless retention is required by applicable law.
XVII. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the State of Georgia, without regard to conflict of law principles. Disputes arising under this Agreement shall be resolved in accordance with the Dispute Resolution provisions of the Terms of Service (Section XV), which are incorporated herein by reference, including the remote arbitration default, AAA rule split, opt-out right, EFAA carve-out, small claims carve-out, and injunctive relief carve-out.
XVIII. GENERAL PROVISIONS
This Agreement, together with the Terms of Service and Privacy Policy, constitutes the entire agreement with respect to your use of the platform as a hiring organization.
Modifications. For material changes, FastHiring will provide at least thirty (30) days’ advance notice via email or in-Service notification. Continued use after the effective date constitutes acceptance.
Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.
Waiver. Failure to enforce any provision shall not constitute a waiver.
Contact. For questions regarding this Agreement: support@fasthiring.ai