Kengroo Employer Terms

These Employer Terms ("Employer Terms") govern access to and use of Kengroo by employers, hiring managers, recruiters, staffing representatives, and other organizations or individuals seeking to identify, contact, evaluate, interview, or hire candidates ("Employer," "you," or "your").

These Employer Terms supplement Kengroo's Terms of Use and Privacy Policy. By creating an employer account, posting a role, accessing candidate information, requesting an introduction, contacting a candidate through Kengroo, or otherwise using Kengroo for recruiting or hiring purposes, you agree to these Employer Terms.

If you are using Kengroo on behalf of a company or other organization, you represent that you have authority to bind that organization to these Employer Terms.

1. About Kengroo

Kengroo provides technology and services intended to help employers discover, evaluate, connect with, and recruit potential candidates.

Kengroo is not an employer, staffing agency, professional employer organization, or representative of any candidate unless expressly agreed otherwise in writing.

Kengroo does not make hiring decisions on behalf of employers and does not guarantee that any candidate will be available, qualified, interested in a position, or ultimately hired.

Employers remain solely responsible for their recruiting, interviewing, background-checking, employment, compensation, immigration, classification, and hiring decisions.

2. Employer Accounts

You agree to provide accurate and current information when creating or maintaining an employer account.

You are responsible for activity conducted through your account and for maintaining the confidentiality and security of your login credentials.

You may not impersonate another person or organization, misrepresent your affiliation with an organization, or create an employer account for an organization you are not authorized to represent.

Kengroo may verify employer identities, company affiliations, job opportunities, or other information and may restrict or suspend accounts when reasonably necessary to protect candidates, employers, Kengroo, or the integrity of the platform.

3. Job Opportunities

Employers may use Kengroo only for legitimate employment, consulting, contracting, internship, or other bona fide professional opportunities.

Job postings and communications must accurately describe the opportunity and may not be intentionally misleading.

You may not use Kengroo to advertise:

• unlawful opportunities
• fraudulent or deceptive opportunities
• pyramid schemes or similar arrangements
• opportunities requiring unlawful payments from candidates
• discriminatory employment opportunities
• opportunities unrelated to legitimate recruiting or professional engagement
• content that otherwise violates Kengroo's Terms of Use

Kengroo may remove or decline any job posting or opportunity at its discretion.

4. Candidate Information

Candidate information made available through Kengroo may be used only for legitimate recruiting, hiring, workforce planning, or related professional purposes.

You may not:

• sell candidate information
• use candidate information for unrelated marketing
• publish or publicly distribute candidate information obtained through Kengroo
• create unauthorized databases of candidate information
• use candidate information for harassment, discrimination, fraud, or unlawful purposes
• provide candidate information to third parties except as reasonably necessary for the applicable hiring process or as permitted by the candidate

Employers are responsible for complying with applicable privacy, employment, discrimination, consumer reporting, and data-protection laws when processing candidate information.

5. Candidate Introductions

A candidate may be considered introduced by Kengroo when Kengroo first provides the Employer with sufficient information to identify or contact that candidate in connection with a potential employment or professional opportunity, including through the Kengroo platform.

An introduction may occur through a candidate profile, application, match, recommendation, direct introduction, message, referral, or other Kengroo functionality.

If an Employer already had a documented, active recruiting relationship with a candidate before Kengroo's introduction, the Employer should notify Kengroo promptly and provide reasonable supporting documentation.

6. Hiring Fees

Certain Kengroo services may be offered on a success-fee, subscription, fixed-fee, or other paid basis. Applicable pricing will be disclosed to the Employer before the Employer incurs the relevant charge.

Where Kengroo and the Employer agree to a success-based hiring fee, the applicable fee will be calculated according to the pricing or order terms presented to and accepted by the Employer.

Unless different terms are expressly presented and accepted for a particular engagement, the standard Kengroo success fee is 15% of the candidate's first-year base salary for a candidate introduced through Kengroo and subsequently hired by the Employer.

For hourly, consulting, contract, commission-based, equity-heavy, or other compensation structures for which a first-year base salary is not readily determined, Kengroo may specify an equivalent fee calculation before the applicable engagement.

Applicable taxes may be added where required.

7. When a Hiring Fee Is Earned

A success fee becomes earned when an Employer or an affiliated organization hires or engages a candidate introduced through Kengroo within 12 months following the candidate's introduction.

For purposes of these Employer Terms, "hire" or "engage" includes employment as well as engagement as a consultant, independent contractor, advisor, temporary worker, or through another entity when the engagement is substantially related to the introduction made through Kengroo.

The Employer agrees to notify Kengroo promptly when an introduced candidate accepts an offer or begins an engagement.

8. No Circumvention

Employers may communicate directly with candidates introduced through Kengroo as part of the normal recruiting process.

However, moving communications, interviews, negotiations, or hiring activities outside the Kengroo platform does not eliminate an otherwise applicable Kengroo hiring fee.

An Employer may not intentionally structure a transaction, use an affiliate, intermediary, staffing provider, related company, or other arrangement primarily to avoid an applicable Kengroo fee.

This provision is intended to protect introductions made through Kengroo and does not restrict an Employer from hiring candidates independently sourced without Kengroo's involvement.

9. Previously Known Candidates

Kengroo does not intend to charge an introduction fee for candidates with whom the Employer can demonstrate that it had a bona fide and active recruiting relationship before the Kengroo introduction.

If you believe a candidate was already actively under consideration, you should notify Kengroo within 10 business days of the Kengroo introduction.

Reasonable evidence may include prior recruiting correspondence, an existing application, documented interviews, or other records demonstrating substantive recruiting activity before the Kengroo introduction.

Merely possessing a candidate's contact information, being connected through a professional network, or having the candidate in an applicant database without recent substantive recruiting activity does not necessarily constitute an active recruiting relationship.

10. Payment

Invoices are payable according to the payment terms stated on the applicable invoice, order, or accepted pricing terms.

Kengroo may require a valid payment method or payment authorization before providing certain employer services.

Employers are responsible for providing accurate billing information and promptly updating that information when it changes.

Overdue undisputed amounts may result in suspension of paid services or employer access.

11. Refunds and Candidate Departures

Unless different terms are specified in an applicable order or pricing agreement, hiring fees are non-refundable once earned.

Kengroo may offer replacement, credit, refund, or guarantee programs for particular services. Any such program applies only when expressly stated in writing as part of the applicable offering. This is that statement for Kengroo's standard offering: if a hire departs or is terminated within 90 days of their start date, Kengroo will work with you to identify a replacement candidate at no additional fee. This guarantee does not entitle you to a cash refund of a fee already paid, and does not apply where a different program has been separately agreed in writing.

12. Employer Responsibilities

Employers are solely responsible for:

• evaluating candidate qualifications
• verifying credentials and representations
• conducting interviews and reference checks
• determining whether background checks are appropriate and conducting them lawfully
• complying with employment and labor laws
• complying with applicable anti-discrimination laws
• determining worker classification
• determining compensation and benefits
• obtaining any necessary immigration or employment authorization documentation
• making all final hiring and employment decisions

Information or recommendations provided by Kengroo should not be treated as a substitute for the Employer's own evaluation and due diligence.

13. Automated and AI-Assisted Features

Kengroo may use automated systems, algorithms, or artificial intelligence to help organize information, generate recommendations, identify potential matches, summarize candidate or job information, or assist with other recruiting workflows.

Automated recommendations are informational tools and should not be treated as definitive assessments of a person's qualifications, suitability, character, or eligibility for employment.

Employers remain responsible for reviewing relevant information and making their own hiring decisions.

Employers may not rely on Kengroo's automated features in a manner that violates applicable employment, discrimination, privacy, or automated-decision-making laws.

14. Employer-Provided Content

You retain ownership of job descriptions, company information, messages, and other content you submit to Kengroo.

You grant Kengroo a non-exclusive, worldwide, royalty-free license to host, reproduce, process, modify as technically necessary, display, and distribute that content as reasonably necessary to operate, improve, and provide the Kengroo service.

You represent that you have the rights necessary to provide such content to Kengroo.

15. Platform Integrity

Employers may not:

• attempt to gain unauthorized access to Kengroo systems
• interfere with platform operation or security
• use automated means to access or extract Kengroo content except where expressly authorized by Kengroo
• scrape, harvest, systematically download, or reproduce candidate profiles or platform data
• reverse engineer Kengroo software except where applicable law expressly permits it
• circumvent access restrictions or security measures
• use Kengroo data to create or train a competing recruiting database, matching service, or substantially similar product without written permission

16. Communications With Candidates

Employers must communicate professionally and for legitimate recruiting purposes.

Kengroo may restrict an Employer's ability to contact candidates if Kengroo receives complaints regarding spam, harassment, misleading communications, discriminatory conduct, or other misuse.

Candidates are not required to respond to an Employer or accept an introduction, interview, offer, or engagement.

17. No Guarantee

Kengroo does not guarantee:

• candidate availability
• candidate interest
• candidate qualifications
• accuracy or completeness of candidate-provided information
• interview participation
• hiring outcomes
• employee performance
• employment duration
• any particular recruiting result

18. Suspension and Termination

Kengroo may suspend or terminate Employer access for violations of these Employer Terms, the Terms of Use, applicable law, nonpayment, fraudulent activity, misuse of candidate information, or conduct that creates material risk to Kengroo or its users.

Termination does not eliminate payment obligations or hiring fees that arose from introductions or services occurring before termination.

Sections that by their nature should survive termination, including payment obligations, confidentiality and data-use restrictions, intellectual-property provisions, disclaimers, limitations of liability, and dispute provisions, will survive termination.

19. Relationship of the Parties

The parties are independent contractors.

Nothing in these Employer Terms creates an employment, partnership, joint venture, fiduciary, agency, or franchise relationship between Kengroo and an Employer.

Kengroo has no authority to make employment commitments on behalf of an Employer unless separately agreed in writing.

20. Changes to These Terms

Kengroo may update these Employer Terms from time to time.

Material changes will become effective as described when the updated terms are posted or otherwise communicated. Changes will not retroactively alter fees already earned or contractual obligations already incurred unless required by law or agreed by the parties.

21. Additional Terms

These Employer Terms incorporate Kengroo's general Terms of Use, including applicable provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and other general legal terms.

If there is a conflict between these Employer Terms and the general Terms of Use regarding an Employer's recruiting activity or applicable hiring fees, these Employer Terms control.

22. Contact

Questions regarding these Employer Terms may be sent to hello@kengroo.com.