Terms & Conditions

These Terms & Conditions (“Terms”) govern the use of sifthr.com (the “Website”) and products and services provided by Sift Human Resources (“Sift HR,” “Sift,” “we,” “us,” or “our”).

Our products and services are intended primarily for organizations and individuals acting on behalf of organizations. “Client” means the organization purchasing or using Sift’s products or services and, where applicable, the individual acting on its behalf.

By checking a box indicating acceptance of these Terms, placing an order, accepting an engagement or scope of work electronically or in writing, or otherwise expressly agreeing to purchase or use Sift’s products or services, Client agrees to these Terms. An individual accepting these Terms on behalf of an organization represents that the individual has authority to bind that organization.

Engagements and Scope of Services

Sift provides assessment-related products and a variety of professional services involving hiring, employee selection, performance evaluation, assessment, analytics, and related areas.

The particular scope, deliverables, fees, timing, and other terms of an engagement may be established through an order, proposal, statement of work, invoice, order confirmation, email correspondence, or other written or electronic communication between Sift and Client (“Engagement Terms”).

If applicable Engagement Terms conflict with these Terms, the Engagement Terms control for that particular engagement to the extent of the conflict. References in these Terms to an agreement “in writing” include email and other electronic written communications.

Changes or additions to an agreed scope may require additional fees or revised Engagement Terms.

Fees, Purchases, Cancellations, and Refunds

Client agrees to pay the fees stated at checkout or in the applicable Engagement Terms.

Except where required by law or expressly agreed otherwise in writing, purchases of assessments, assessment credits, licenses, access rights, or other products are final and nonrefundable, including products or assessments that remain unused.

For professional services, amounts paid become nonrefundable once Sift begins substantive work on the engagement. Substantive work may include preparation, review, research, analysis, configuration, development, or other work performed in connection with the engagement. If an engagement is cancelled after substantive work has begun, Client remains responsible for amounts then due under the applicable Engagement Terms.

Before substantive work begins, any cancellation or refund is subject to Sift’s discretion unless otherwise stated in applicable Engagement Terms.

Client Responsibilities and Decision Making

Sift provides information, analysis, assessments, recommendations, tools, reports, and professional guidance to assist Client. Client remains the ultimate and sole decision maker.

Client is responsible for determining whether and how to use any product, service, assessment result, score, report, recommendation, analysis, model, deliverable, or other information provided by Sift. This responsibility includes appropriately understanding and applying the information provided and considering any limitations, cautions, or contextual information communicated by Sift or an applicable third-party provider.

Client is solely responsible for all hiring, selection, promotion, development, performance evaluation, compensation, discipline, termination, staffing, and other employment or business decisions and actions.

Client is also responsible for ensuring that its employment practices and its use of Sift’s products, services, and deliverables comply with all applicable laws, regulations, policies, contractual obligations, and requirements, including those relating to employment, discrimination, privacy, accessibility, notice, consent, and recordkeeping.

Sift does not provide legal advice. Client should obtain advice from qualified legal counsel regarding legal compliance or legal questions associated with its practices or decisions.

No product, service, assessment, analysis, recommendation, or deliverable guarantees any particular hiring decision, employee performance, retention outcome, legal result, financial result, business result, or other outcome.

Client Materials and Data

Client may provide Sift with job information, organizational materials, assessments, employee or candidate information, performance data, hiring information, or other materials or data (“Client Materials”) necessary or useful to perform an engagement.

Client represents that it has all rights, permissions, consents, and lawful authority necessary to provide Client Materials to Sift and to permit their use for the applicable engagement.

Client grants Sift a nonexclusive right to access, reproduce, process, analyze, and otherwise use Client Materials as reasonably necessary to provide products or services, complete the engagement, support Client, and exercise the rights expressly provided in these Terms.

Client should not provide Social Security numbers, financial-account information, medical information, or other highly sensitive personal information unless Sift specifically requests it or the information is reasonably necessary for the agreed work and may lawfully be provided and processed.

Client remains responsible for the accuracy and completeness of Client Materials and information supplied to Sift. Sift may rely on information provided by Client when performing its work.

De-Identified and Aggregated Information

Sift may create and use information, data, analyses, statistics, findings, models, benchmarks, insights, and other results derived from Client Materials or Sift’s work that have been aggregated, de-identified, or otherwise processed so that they do not reasonably identify Client or any individual.

Sift may use such aggregated or de-identified information for research, benchmarking, validation, development and improvement of methods and services, teaching, publication, presentations, professional activities, and other analytical or business purposes.

Sift will not attempt to re-identify individuals from information used under this provision and will exercise these rights only to the extent permitted by applicable law and applicable professional or research requirements.

These rights survive completion or termination of an engagement.

Confidentiality

Each party may receive nonpublic information from the other that reasonably should be understood to be confidential (“Confidential Information”).

Each party agrees to use reasonable care to protect the other party’s Confidential Information and to use it only as reasonably necessary to perform or receive the products or services, exercise rights under the parties’ agreements, or as otherwise authorized by the disclosing party.

Confidential Information does not include information that the receiving party can demonstrate: (a) is or becomes publicly available without breach of an obligation; (b) was lawfully known to the receiving party without confidentiality restrictions; (c) is lawfully received from another source without confidentiality restrictions; or (d) is independently developed without use of the other party’s Confidential Information.

A party may disclose Confidential Information to employees, contractors, professional advisers, and service providers who reasonably need access and are subject to appropriate confidentiality obligations. A party may also disclose information when required by law, legal process, or governmental authority.

Aggregated or de-identified information properly created and used in accordance with the preceding section is not Client Confidential Information to the extent that it does not reasonably identify Client or any individual.

Personal information is also handled in accordance with Sift’s Privacy Policy and applicable law.

Intellectual Property and Deliverables

Client retains its ownership rights in Client Materials.

Sift retains all rights in its pre-existing and independently developed intellectual property, including its methodologies, processes, templates, frameworks, analytical methods, scoring approaches, models, software, code, know-how, research, concepts, tools, materials, and improvements to any of the foregoing (“Sift Materials”).

Unless applicable Engagement Terms expressly provide otherwise, upon full payment Client receives a perpetual, nonexclusive, nontransferable license to use final client-specific deliverables created for Client internally within Client’s organization for their intended business purposes.

Client may reproduce and adapt such client-specific deliverables as reasonably necessary for authorized internal use. Client may not sell, license, commercially distribute, publish, or provide Sift Materials or Sift-created deliverables for use by another organization without Sift’s prior written permission.

Sift remains free to use its general knowledge, experience, skills, ideas, concepts, techniques, methodologies, and know-how developed or refined in the course of its work, provided doing so does not disclose Client Confidential Information.

Third-party materials included in or used with a deliverable remain subject to the intellectual-property rights and license terms of their respective owners.

Third-Party Products and Systems

Sift may provide, facilitate, configure, support, or assist Client with assessments, software, platforms, reports, or other products provided by third parties, including PXT Select™ and related systems and materials.

Such products and systems remain subject to the intellectual-property rights, license restrictions, acceptable-use requirements, and other applicable terms of their respective owners or publishers. Client may not duplicate, modify, translate, reverse engineer, resell, distribute, disclose, or otherwise use third-party assessments, reports, software, scoring systems, or other protected materials except as authorized by the applicable owner or publisher.

Client is responsible for safeguarding usernames, passwords, assessment links, and other credentials and for use of third-party systems by persons to whom Client provides access.

Third-party systems rely on networks, software, infrastructure, and services outside Sift’s control. Sift does not control and cannot guarantee their continuous availability, security, functionality, features, performance, or freedom from interruption or error.

Third-party products and services may also be subject to additional terms imposed by their respective providers.

Website and Third-Party Links

Unless otherwise identified, Website content and Sift branding, text, graphics, designs, images, and other materials are owned by or licensed to Sift and are protected by applicable intellectual-property laws.

Nothing on the Website grants a license to use Sift’s intellectual property except as expressly stated in these Terms or otherwise authorized in writing.

The Website may contain links to websites or resources operated by third parties. Sift does not control those sites and is not responsible for their content, availability, security, privacy practices, or other activities. A link does not by itself constitute endorsement, sponsorship, or affiliation.

Website information may be modified or updated from time to time. General Website content is provided for informational purposes and should not be treated as legal advice or as a guarantee regarding any product, service, outcome, or particular application.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR ANY EXPRESS COMMITMENT CONTAINED IN APPLICABLE ENGAGEMENT TERMS, THE WEBSITE, PRODUCTS, SERVICES, THIRD-PARTY SYSTEMS, AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

Sift disclaims warranties not expressly stated in applicable Engagement Terms, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, availability, and results.

Sift does not warrant that any assessment, recommendation, analysis, deliverable, Website, or third-party system will be uninterrupted, error-free, suitable for every purpose, or produce any particular employment, organizational, legal, or business outcome.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIFT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, DATA, OR SIMILAR LOSSES, ARISING OUT OF OR RELATING TO THE WEBSITE, PRODUCTS, SERVICES, DELIVERABLES, THIRD-PARTY SYSTEMS, OR AN ENGAGEMENT, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF SIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Client assumes responsibility for its employment and business decisions and for its use, interpretation, and application of Sift’s products, services, information, recommendations, and deliverables.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIFT’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A PARTICULAR PRODUCT, SERVICE, OR ENGAGEMENT WILL NOT EXCEED THE FEES ACTUALLY PAID TO SIFT FOR THE PRODUCT, SERVICE, OR ENGAGEMENT GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Nothing in these Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited, including liability for fraud, willful misconduct, gross negligence where such a limitation is unenforceable, or violations of law for which liability may not lawfully be waived.

Indemnification

Client will defend, indemnify, and hold harmless Sift and its owners, officers, employees, contractors, and agents from third-party claims, demands, proceedings, damages, judgments, liabilities, penalties, settlements, and reasonable attorneys’ fees and costs arising out of or relating to:

(a) Client’s employment, staffing, business, or other decisions or actions;

(b) Client’s use or misuse of products, services, assessments, reports, recommendations, deliverables, or third-party systems;

(c) Client Materials, including any allegation that Client lacked the right, permission, consent, or legal authority to provide or use them;

(d) Client’s violation of applicable law or the rights of another person;

(e) unauthorized access or use resulting from Client’s handling of credentials, assessment links, or account access; or

(f) Client’s material breach of these Terms or applicable Engagement Terms.

This obligation does not apply to the extent a claim is finally determined to have resulted from Sift’s fraud, willful misconduct, gross negligence, or other conduct for which indemnification may not lawfully be required.

Sift will provide reasonable notice of an indemnified claim and reasonable cooperation in its defense. Client may not settle a claim in a manner that admits wrongdoing by Sift, imposes an obligation on Sift, or restricts Sift’s activities without Sift’s written consent.

Force Majeure

Except for payment obligations, neither party is liable for a failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, governmental actions, labor disruptions, failures of utilities or communications networks, Internet or hosting failures, cyber incidents not caused by the affected party’s failure to exercise reasonable care, acts of war or terrorism, or failures of third-party providers.

The affected party will use reasonable efforts to resume performance when practicable.

Changes to These Terms

Sift may update these Terms from time to time by posting a revised version on the Website.

Revised Terms apply to purchases and engagements accepted after the revised Terms become effective and to subsequent Website use as applicable. An existing engagement remains subject to the version accepted in connection with that engagement unless the parties agree otherwise in writing.

General Terms

These Terms, together with applicable Engagement Terms, orders, and policies expressly incorporated into them, constitute the agreement between Sift and Client concerning the applicable products, services, or engagement.

If there is a conflict, specific Engagement Terms control over these general Terms for the applicable engagement. Applicable third-party terms govern Client’s rights and obligations with respect to third-party products to the extent they concern those products.

Failure by either party to enforce a provision does not waive that provision or any other right.

If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.

Client may not assign an engagement or its rights under these Terms to another organization without Sift’s written consent. Sift may assign its rights and obligations in connection with a merger, acquisition, reorganization, sale of substantially all relevant assets, or succession to its business.

These Terms and applicable Engagement Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Unless otherwise agreed in writing, the parties consent to jurisdiction and venue in the state or federal courts serving the California county in which Sift maintains its principal place of business.

Electronic acceptance, electronic communications, and electronic records may be used to form and evidence agreements between Client and Sift.

Questions concerning these Terms may be directed to Sift HR through the contact information provided on the Website.

Effective: August 27, 2026