Terms of Service
TruGem Terms of Service
Stark Analytics, LLC
Version 1.0 — Effective date: July 12, 2026
These Terms of Service (the "Terms") are an agreement between Stark Analytics, LLC, a Michigan limited liability company ("Stark Analytics," "we," "us," or "our"), and the organization that purchases or uses the TruGem service ("Customer," "you," or "your"). By executing an order form or invoice that references these Terms, creating an account, clicking to accept, or using the Service, you agree to these Terms on behalf of your organization and represent that you have authority to do so.
1. The Service
TruGem is a software-as-a-service platform for structuring, recording, and documenting hiring evaluations (the "Service"). The Service allows your organization to define evaluation criteria, collect independent reviewer input, view aggregated results and pool-level insights, generate decision reports, manage onboarding checklists, and maintain records of how hiring decisions were made.
We may improve, modify, or add features to the Service over time. We will not materially reduce the core functionality of the Service during a paid subscription term.
2. Accounts and Authorized Users
Your organization may create accounts for its personnel, including administrators, hiring managers, and reviewers ("Authorized Users"). You are responsible for the acts and omissions of your Authorized Users, for maintaining the confidentiality of credentials, and for ensuring that access is promptly removed for individuals who should no longer have it. You will notify us promptly of any suspected unauthorized access.
3. Subscription, Fees, and Payment
The Service is provided on an annual subscription with a flat fee stated on your order form or invoice. Your subscription permits unlimited use of the Service within your organization by your Authorized Users during the subscription term. Fees are stated in U.S. dollars and are due as set out on the invoice.
Promotional pricing, including any founding-partner rate, applies as stated at purchase and at renewal as described on the order form or invoice.
Subscriptions renew for successive one-year terms unless either party gives notice of non-renewal at least thirty (30) days before the end of the then-current term. We will provide reasonable advance notice of any fee change, and fee changes take effect only at renewal.
4. Money-Back Guarantee
If you are not satisfied with the Service, you may cancel within forty-five (45) days of the start of your initial subscription term and receive a full refund of fees paid for that term. To request a refund, contact support@stark-analytics.com within the forty-five-day window. This guarantee applies to your initial term only, not to renewals.
5. Customer Data
"Customer Data" means all data submitted to the Service by or on behalf of your organization, including information about candidates, evaluations, scores, notes, and decisions. As between the parties, you own Customer Data. You grant us a limited license to host, process, display, and transmit Customer Data solely to provide and support the Service, to maintain its security and integrity, and as otherwise required by law.
We do not sell Customer Data and we do not use Customer Data to train generalized artificial intelligence models. Our handling of personal information is further described in the TruGem Privacy Policy, which is incorporated into these Terms by reference.
6. Your Responsibilities Regarding Candidates and Employment Law
You are solely responsible for your hiring decisions and for your organization's compliance with all laws that apply to its hiring practices, including anti-discrimination, employment, privacy, data protection, and records-retention laws in the jurisdictions where you operate. The Service provides structure, documentation, and decision-support tools; it does not make hiring decisions, and it does not determine what the law requires of you.
You represent that you have provided any legally required notices to, and obtained any legally required consents from, candidates and Authorized Users whose information you submit to the Service. You will not submit data you do not have the right to submit.
7. Records, Retention, Deletion, and Legal Holds
The Service is designed to preserve the integrity of completed evaluations. The following record-handling behaviors are part of the Service and you accept them by using it:
- Candidate removal. When an authorized administrator removes a candidate, records tied to a completed evaluation are anonymized in place (personal details are removed while evaluation records remain), and records not tied to a completed evaluation are deleted. Because a candidate may appear in more than one hiring decision, removal applies across your organization.
- Deletion log. Removals are recorded in a permanent, tamper-resistant deletion log available to your authorized administrators.
- Legal holds. Your administrators may place a legal hold on a hiring decision. While a hold is active, candidate records within that decision cannot be deleted or anonymized until the hold is lifted. You are responsible for placing and lifting holds appropriately for your legal needs.
- Retention. The Service applies a default retention approach described in the Privacy Policy. You are responsible for configuring and using retention, removal, and hold features consistently with your own legal obligations.
- Evaluation integrity. Certain records lock once scoring begins so that every candidate is evaluated against the same criteria. Locked structures cannot be altered retroactively.
8. Acceptable Use
You will not, and will not permit anyone to: (a) use the Service to violate any law, including employment and anti-discrimination law; (b) attempt to gain unauthorized access to the Service or its systems, or to another customer's data; (c) probe, scan, or test the vulnerability of the Service except with our prior written consent; (d) reverse engineer, copy, or create derivative works of the Service; (e) resell, sublicense, or provide the Service to third parties outside your organization; (f) upload malicious code; or (g) use the Service to build a competing product.
9. Confidentiality
Each party may receive non-public information of the other in connection with the Service ("Confidential Information"). Customer Data is your Confidential Information. The Service, its non-public features, and our pricing are our Confidential Information. Each party will protect the other's Confidential Information with at least reasonable care, use it only as needed to perform under these Terms, and not disclose it except to personnel and advisors who need it and are bound by confidentiality obligations, or as required by law with prompt notice where lawful.
10. Security
We maintain administrative, technical, and organizational safeguards designed to protect Customer Data, including access controls that restrict each organization's data to that organization, logging of sensitive administrative actions, and encrypted transmission. In the event of a security breach affecting your Customer Data, we will notify you without undue delay and provide information reasonably available to us, as further described in the Privacy Policy.
11. Intellectual Property
We own the Service, including its software, design, evaluation template library, documentation, and all related intellectual property. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription term for your internal business purposes. No rights are granted except as expressly stated. Feedback you provide about the Service may be used by us without obligation. Reports and records generated from your Customer Data are yours to use for your internal business purposes, including sharing with your advisors, auditors, or as required in legal proceedings.
12. Important Disclaimers
No legal advice; no guaranteed outcomes. The Service helps your organization structure evaluations and maintain clear records of how hiring decisions were made. It is a documentation and decision-support tool. It is not legal advice, it does not guarantee compliance with any law, and it does not guarantee any outcome in any dispute, audit, investigation, or litigation. The strength of any record depends on how your organization conducts its evaluations. You should consult your own counsel regarding your hiring practices and legal obligations.
Human decisions. The Service records and aggregates evaluations made by your own personnel. It does not screen, score, rank, or select candidates by automated means, and it does not make employment decisions.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND WE DISCLAIM ALL OTHER 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.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY TO A PARTY'S BREACH OF SECTION 9 (CONFIDENTIALITY), CUSTOMER'S PAYMENT OBLIGATIONS, OR EITHER PARTY'S INDEMNIFICATION OBLIGATIONS.
14. Indemnification
You will defend and indemnify us against third-party claims arising from: (a) Customer Data, including claims that you lacked the right to submit it; (b) your hiring decisions and employment practices; or (c) your use of the Service in violation of these Terms or applicable law.
We will defend and indemnify you against third-party claims that the Service, as provided by us and used as permitted, infringes a U.S. patent, copyright, or trademark, or misappropriates a trade secret. If such a claim arises, we may modify the Service, procure the right for you to continue using it, or terminate the affected subscription with a pro-rata refund.
15. Term, Suspension, and Termination
These Terms apply for the duration of your subscription. Either party may terminate for material breach that remains uncured thirty (30) days after written notice. We may suspend access immediately if reasonably necessary to protect the Service or its users, or for non-payment after notice.
Upon termination or expiration: (a) your access to the Service ends; (b) upon request made within thirty (30) days, we will make your Customer Data available for export in a commonly used format; and (c) we will thereafter delete or anonymize Customer Data in accordance with the Privacy Policy and applicable law, except as needed to comply with legal obligations. Sections that by their nature should survive (including confidentiality, disclaimers, limitations of liability, and indemnification) survive termination.
16. Changes to These Terms
We may update these Terms from time to time. For paid subscriptions, material changes take effect at the start of your next renewal term, and we will provide notice of material changes in advance of renewal. The version of the Terms in effect at the start of each term governs that term unless the parties agree otherwise in writing.
17. General
Governing law and venue. These Terms are governed by the laws of the State of Michigan, without regard to conflicts of law rules, and the parties consent to the exclusive jurisdiction of the state and federal courts located in Michigan.
Order of precedence. If a signed order form or agreement between the parties conflicts with these Terms, the signed document controls for that conflict.
Miscellaneous. These Terms, together with the Privacy Policy and any order form or invoice referencing them, are the entire agreement regarding the Service. Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition, or sale of substantially all assets. Failure to enforce a provision is not a waiver. If a provision is unenforceable, the remainder stays in effect. Notices to us should be sent to support@stark-analytics.com. Neither party is liable for delay or failure caused by events beyond its reasonable control.
TruGem is a product of Stark Analytics, LLC. Questions about these Terms: support@stark-analytics.com.