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Terms of Service and End User License Agreement

Effective date: 08/08/2026

These Terms of Service and End User License Agreement (“Terms”) govern your access to and use of the TheDuck Platform website and services (the “Service”), operated by The Duck Platform LLC, a New Jersey limited liability company (“TheDuck,” “we,” “us,” or “our”). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If your organization has executed a Master Subscriber Agreement with us, that agreement governs your organization’s use of the Service and controls over these Terms in the event of any conflict. These Terms apply to visitors, evaluators, marketplace members, and any use not covered by an executed Master Subscriber Agreement.

We may perform our obligations through our affiliates and subcontractors.

1. Eligibility and Access

The Service is intended for business use by individuals who are at least 18 years old and authorized to act on behalf of their organization. Access is currently offered on an invitation basis. We may grant, limit, suspend, or revoke access at our discretion.

2. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to enable available security features, including multi-factor authentication, to promptly deactivate users who no longer require access, and to notify us promptly of any unauthorized use.

3. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for your internal business purposes during the period your access remains active.

This is a subscription to a hosted service, not a sale, and no software is delivered to you. All rights not expressly granted are reserved. You receive no right, title, or interest in the Service other than the limited access right granted in this Section.

4. Use Restrictions

You will not, and will not permit any user or third party to:

  • copy, modify, translate, or create derivative works of the Service;
  • reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or underlying algorithms of the Service, except to the extent this restriction is prohibited by applicable law;
  • rent, lease, lend, sell, sublicense, distribute, or otherwise make the Service available to any third party, or use the Service to operate a service bureau, except as expressly authorized by us in writing;
  • access the Service to build a competing product or service, or to benchmark or publish performance or comparison data without our prior written consent;
  • use any robot, scraper, crawler, or automated means to access or extract data from the Service other than through interfaces we expressly provide;
  • circumvent or attempt to circumvent any access control, permission gate, tenant boundary, usage limit, or security feature of the Service, or access or attempt to access data belonging to any other customer;
  • probe, scan, or test the vulnerability of the Service, or conduct any penetration test or security assessment, without our prior written consent; or
  • remove, obscure, or alter any proprietary notice or mark within the Service.

5. Acceptable Use

You agree not to use the Service to:

  • engage in any unlawful, harmful, fraudulent, deceptive, or harassing activity;
  • upload, store, or transmit data you do not have the right to use or share, including personal data collected without a lawful basis or appropriate consent;
  • upload, store, or transmit malicious code or any other harmful component. We do not scan uploaded files for malicious content, and you are responsible for the integrity of files you and your counterparties upload;
  • upload, store, or transmit data that infringes or misappropriates the intellectual property, privacy, or other rights of any person;
  • upload, store, or transmit protected health information subject to HIPAA, unless we have executed a Business Associate Agreement with you, or payment card data subject to PCI-DSS;
  • attempt to gain unauthorized access to the Service, to any other customer’s data, or to our systems; or
  • interfere with or disrupt the integrity, availability, or performance of the Service.

We may suspend access, in whole or in part, where we reasonably determine that continued access presents a security risk, violates this Section, or is required to comply with law.

6. Customer Data

You retain ownership of the data you and your users submit to the Service (“Customer Data”). You grant us a limited license to host, store, process, transmit, and display Customer Data solely to provide, secure, and support the Service for you, and to comply with law.

You are responsible for the accuracy and legality of your Customer Data, including providing all notices and obtaining all rights, consents, and lawful bases required to collect and process information about candidates, employees, contractors, clients, and other individuals. The Service is designed to store immigration and work-authorization records; you are responsible for the lawful basis on which such records are collected and retained.

With respect to personal data within Customer Data, you act as the controller or business and we act as the processor or service provider. We do not sell or share personal data, and we do not train, fine-tune, or develop any artificial intelligence or machine learning model using Customer Data. Where we transmit Customer Data to a third-party AI provider to perform processing you request, we contract on terms that exclude the use of those inputs for training that provider’s models.

Our handling of Customer Data is described in our Privacy Policy, which is incorporated into these Terms by reference and includes our current list of sub-processors.

7. Security

We maintain administrative, physical, and technical safeguards designed to protect Customer Data, including encryption in transit, encryption at rest provided by our infrastructure providers, logical separation of each customer’s data, role-based access controls with configurable field-level visibility, available multi-factor authentication, and audit logging of changes to key records. No system is perfectly secure, and we do not warrant that the Service will be free of vulnerabilities.

If you believe you have discovered a security vulnerability, please report it to security@theduckplatform.com rather than testing it further.

8. Intellectual Property

The Service, including its software, source code, architecture, database schema, user interfaces, designs, documentation, templates, content, and trademarks (excluding Customer Data), is owned by The Duck Platform LLC and its licensors and is protected by intellectual property laws. If you provide suggestions or feedback about the Service, we may use and incorporate it without restriction, attribution, or compensation.

9. Third-Party Services

The Service integrates with third-party services, including accounting, banking-connectivity, payment, email, telephony, data-enrichment, and artificial intelligence providers. Your use of those integrations may be subject to the third party’s own terms, and you are responsible for maintaining your own accounts and authorizations with them. We are not responsible for third-party services, their availability, or their acts or omissions, and we do not warrant any data synchronized to or from them.

Where you use contact or company enrichment features, we retrieve business contact information from a third-party data provider. You are responsible for determining whether your use of that information is lawful, for providing any required notice to the individuals concerned, and for honoring opt-out and deletion requests you receive.

Where you use calling or messaging features, you are solely responsible for obtaining and documenting all consents required to contact individuals by telephone or text message, for honoring opt-out requests, and for compliance with the Telephone Consumer Protection Act and equivalent laws.

10. Artificial Intelligence Features

The Service includes features that use artificial intelligence to parse documents, extract and structure data, generate content, and produce suggestions or rankings. AI-generated output is probabilistic and may be incomplete, inaccurate, or unsuitable for a given purpose. All AI output is a draft or recommendation that requires human review, and you must not rely on it without verification.

Where you upload a resume or other document for parsing, the text of that document is transmitted to a third-party AI provider to perform the extraction. The provider and the categories of data transmitted are identified in our Privacy Policy.

You are solely responsible for all employment, engagement, screening, and selection decisions you make. Where you use any feature of the Service as an input to such a decision, you are responsible for meaningful human review and for your own compliance with laws governing automated employment decision tools, algorithmic accountability, bias auditing, candidate notice, and non-discrimination in the jurisdictions where you operate. We do not make employment decisions and are not an employer, employment agency, or consumer reporting agency with respect to your candidates.

11. No Professional Advice

We are not a law firm, accounting firm, tax advisor, or immigration practitioner, and we provide no legal, immigration, tax, accounting, or financial advice.

All compliance, immigration, invoicing, commission, tax, and financial features of the Service are informational and administrative tools only. Content, templates, calculations, alerts, forms, and generated document packages — including any audit or filing package produced by the Service — are provided for your convenience and do not constitute advice or a substitute for review by qualified professionals.

You are solely responsible for the accuracy, completeness, timeliness, and legal sufficiency of any filing, submission, invoice, payment, tax treatment, or record you produce using the Service. You should obtain independent professional advice before relying on any output for a regulated purpose.

Any document templates or starter content made available within the Service are samples only, have not been prepared for your specific circumstances or jurisdiction, and must be reviewed by your own counsel before use.

12. Your Legal Compliance

You are solely responsible for your own compliance with all laws applicable to your staffing, recruiting, employment, immigration, tax, and financial activities, including employment and anti-discrimination laws, wage and hour laws, worker classification rules, Form I-9 and employment eligibility verification requirements, immigration filing requirements, the Fair Credit Reporting Act where applicable, telephone and text messaging consent laws, and data protection and privacy laws. We do not perform, verify, or assume responsibility for any of these obligations.

13. Fees

Access terms and fees, where applicable, are agreed with you directly and set out in a Master Subscriber Agreement and Pricing Addendum. We will provide notice of any fees before they apply.

14. Disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT IT WILL MEET YOUR REQUIREMENTS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL The Duck Platform LLC OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100) IF YOU HAVE PAID NOTHING.

THESE LIMITATIONS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, YOUR INDEMNIFICATION OBLIGATIONS, YOUR BREACH OF SECTIONS 4 OR 5, YOUR INFRINGEMENT OF OUR INTELLECTUAL PROPERTY RIGHTS, OR EITHER PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

16. Indemnification

You agree to indemnify, defend, and hold harmless The Duck Platform LLC and its affiliates from claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your Customer Data, your use of the Service, or your violation of these Terms or applicable law.

17. Term and Termination

These Terms remain in effect while you use the Service. We may suspend or terminate access for violation of these Terms or to protect the Service. Upon termination, your right to use the Service ends.

Provisions that by their nature should survive will survive, including Sections 3 (as to reservation of rights), 4, 6, 7, 8, 10, 11, 12, 14, 15, 16, 17, 18, and 19.

18. Governing Law and Venue

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws principles. The exclusive venue for disputes will be the state or federal courts located in New Jersey, and you consent to their jurisdiction. Each party waives any right to a jury trial.

19. General

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service, except where a Master Subscriber Agreement applies, in which case that agreement controls. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to a successor in connection with a merger, reorganization, or sale of all or substantially all of our assets or equity.

You represent that you are not located in, and will not access the Service from, any jurisdiction subject to comprehensive U.S. sanctions.

20. Changes to These Terms

We may update these Terms from time to time. We will revise the “Effective date” and, where appropriate, provide additional notice. Continued use of the Service after changes take effect constitutes acceptance.

21. Contact

The Duck Platform LLC
4390 U.S. Rt 1, Suite 207
Princeton, NJ 08540

General and privacy: privacy@theduckplatform.com
Legal notices: legal@theduckplatform.com
Security reports: security@theduckplatform.com