Terms of Use

Cherrypicker Inc. Terms of Use

Last updated 4/8/2025

INTRODUCTION

Welcome to Cherrypicker Inc. (“Cherrypicker,” “Company,” “We,” “Us,” or “Our”). These Terms of Use (“Agreement”) govern your access to and use of Cherrypicker’s services, platform, websites, applications, and tools (collectively, the “Services” or “Cherrypicker Hiring Platform”).

By accessing or using the Services, you (“You,” or the entity you represent) agree to be bound by this Agreement, as well as our [Privacy Policy] and any additional terms that may apply to specific features or subscription plans. If you do not agree to this Agreement or any referenced policies, do not use the Services.

You represent that you are authorized to enter into this Agreement on behalf of yourself or the organization you represent, and that you have provided all information necessary for Cherrypicker to deliver its Services. Capitalized terms used in this Agreement are defined throughout.

SERVICES

This Agreement applies to all Cherrypicker Services, including but not limited to:

• (a) www.getcherrypicker.com (the “Cherrypicker Site” or “Site”);
• (b) www.cherrypicker.app (the “Hiring Platform” or “Cherrypicker Platform”);
• (c) Any Cherrypicker-branded mobile applications (the “App” or “Mobile App”); and
• (d) Any related products, communications, tools, or services provided by Cherrypicker that reference or are governed by this Agreement (collectively, the “Services”).

This Agreement applies to all registered users of the Services (“Users,” “You,” or “Your”), including:

• Clients – companies using Cherrypicker to identify and connect with talent.
• Candidates – individuals exploring new career opportunities.
• Recruiters – approved representatives or partners who assist in onboarding Candidates to the platform.

By accessing or using the Services, you agree to be bound by these Terms of Use. If you do not agree, you may not access or use the Services.

USER TERMS DEFINED

Candidate(s) – A Candidate is any individual who creates or is invited to create a profile on the Cherrypicker platform for the purpose of being discovered by potential employers. Candidates may join Cherrypicker by:

• Downloading the mobile app and completing the sign-up questionnaire, or
• Receiving an invitation from a Recruiter or Cherrypicker representative.

Once onboarded, Candidates can receive job matches and Introduction Requests from Clients based on their skills and preferences. Candidates must confirm interest before their profile can be unlocked. After mutual interest is established, Clients can contact the Candidate directly using the information provided in their profile.

Client(s) – A Client (or “Employer”) is any company or authorized representative of a company using Cherrypicker to discover, engage, and recruit talent. Clients may purchase Introduction Credits individually or as part of a subscription to proactively recruit candidates. Clients may upload public LinkedIn URLs to request outreach or browse profiles of Candidates already on the platform. Clients may only unlock and contact Candidates after mutual interest is established.

Introduction Credit(s) (or “Cherrypicker Credit(s)”) – Introduction Credits are digital tokens used by Clients to initiate proactive outreach to specific Candidates. A credit is used to:

• Upload a Candidate’s public LinkedIn profile to the Cherrypicker platform for outreach, or
• Unlock a Candidate profile after mutual interest has been confirmed.

Credits may be purchased in bulk or on a recurring basis via subscription. All credits are non-transferable, non-refundable (except as outlined in our refund policy), and may be subject to expiration as defined in the Client’s subscription agreement.

Recruiter(s) – A Recruiter is an approved user or partner who helps source and manage Candidates on behalf of Cherrypicker. Recruiters may invite Candidates to the platform, manage Candidate profiles, and facilitate job matches. All Recruiters must enter into a Cherrypicker agreement and comply with our platform guidelines.

PRIVACY POLICY

Cherrypicker respects your privacy. Please review our Privacy Policy, which outlines how we collect, use, store, and share personal data when you access or use our Services. By using Cherrypicker, you agree to the practices described in that policy.

Cherrypicker may engage third-party platforms (such as email marketing tools and data enrichment providers) to communicate with users and invite potential users to join the platform. These communications may be sent to publicly available business contact information if a personal email address is not accessible. Users may opt out of these communications at any time by using the unsubscribe link or by contacting us directly.

By using our Services or submitting your contact information, you consent to receive communications from Cherrypicker and our authorized third-party vendors. You also acknowledge that Cherrypicker may collect and store publicly available professional data (e.g., from LinkedIn, resume databases, or corporate websites) for the purpose of recruiting outreach and candidate discovery.

Cherrypicker is not responsible for errors or technical issues arising from any third-party platforms it integrates with and assumes no liability for any related adverse effects.

If you are a resident of a jurisdiction that provides privacy rights (such as the European Union under the General Data Protection Regulation (GDPR) or California under the California Consumer Privacy Act (CCPA)), you may have the right to:

• Request access to the personal data we hold about you
• Request correction or deletion of your personal data
• Object to or restrict certain types of data processing
• Withdraw consent where processing is based on consent

To exercise these rights or request data deletion, please contact support@getcherrypicker.com.

ACCOUNT REGISTRATION & USER CONDUCT

To access Cherrypicker’s Services, you must be at least 18 years old and a resident of the United States. When creating an account, you’ll be asked to provide a valid email address and password. You are fully responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

By registering, you agree to:

• Provide accurate, current, and complete information during account setup
• Keep your information updated at all times
• Use the Services only for lawful purposes and in accordance with these Terms

You may not:

• Create an account using false, misleading, or unauthorized information
• Register more than one account for yourself without permission
• Register or use the Services if your access was previously revoked or terminated
• Use the platform to scrape data, impersonate a user or company, or test functionality for competitive purposes

Cherrypicker is a tool intended solely for employers, recruiters, and candidates participating in legitimate hiring and job search activities. Use of the platform by third-party vendors, competitors, or agencies for purposes of competitive intelligence, data mining, or reverse-engineering is strictly prohibited. Violators will have their accounts terminated and may face legal action.

Cherrypicker reserves the right to approve, suspend, or terminate any account at our sole discretion, with or without notice, for any reason or no reason.

You agree to notify us immediately at support@getcherrypicker.com of any unauthorized access to your account or other security concerns. Cherrypicker is not liable for any loss or damages resulting from your failure to protect your login credentials.

USER RESPONSIBILITIES & RESTRICTIONS

As a User of Cherrypicker, you are solely responsible for how you use the Services and for any actions taken under your account. By using our platform, you agree to act in a professional and lawful manner at all times.

You agree not to:

• Access, scrape, copy, or distribute any part of the Service using automated or unauthorized methods (e.g., bots, spiders, scrapers)
• Reverse-engineer, clone, or otherwise misuse Cherrypicker’s proprietary systems or technology
• Upload viruses, malware, or any code intended to interfere with the operation of our platform or other users’ devices
• Impose an unreasonable or disproportionately large load on our servers or infrastructure
• Use a VPN or proxy to access the Services in violation of our access policies
• Share, sell, or disclose Candidate profiles or contact information outside your organization
• Post offensive, threatening, defamatory, or otherwise harmful content
• Embed personal or contact information within job postings or company descriptions
• Share your login credentials with anyone outside your authorized team
• Create accounts under false pretenses or impersonate another person or company
• Circumvent the Cherrypicker system (e.g., contacting Candidates or Clients outside the platform after discovery, rerouting introductions through third-party recruiters, or backchanneling job applications)
• Use the platform to engage in or promote any illegal activities

You also agree:

• To ensure that any third-party data or personally identifiable information you upload (e.g., candidate details from LinkedIn) is shared with the proper legal consent
• To notify Cherrypicker promptly if a Candidate introduced through the platform is hired, including the employment start date and compensation details if requested

Cherrypicker reserves the right to suspend or permanently terminate any account found to be in violation of these responsibilities. Deliberate circumvention or misuse of the Services may result in legal action.

POSTING AND CONDUCT RESTRICTIONS

Cherrypicker strives to maintain a trusted environment. We conduct reasonable reviews of Client and Recruiter accounts upon registration, but we rely on Recruiters to invite Candidates responsibly and input Candidate information accurately. Candidates are encouraged to report any inaccurate or harmful information posted on their profiles. Cherrypicker is not liable for any false or misleading content uploaded by Users, but we reserve the right to remove any User Content at our discretion.

By posting or submitting content through the Cherrypicker Services, you agree and represent that:

• You own or have the legal right to share the content you post, including any third-party personal or professional data
• You have obtained all necessary permissions and consents to upload personally identifiable information (e.g., email addresses, phone numbers, employment history)
• Your content does not violate any intellectual property, privacy, publicity, or other third-party rights

All content you submit (“User Content”) may be visible to other Users and is not considered confidential. Cherrypicker may share, display, or remove User Content at any time and for any reason, without notice. We are not obligated to monitor User Content but may do so to investigate suspected violations of this Agreement or applicable laws.

You understand and accept that:

• Cherrypicker is not responsible for the accuracy, usefulness, or legality of User Content posted by others
• You may encounter content that is inaccurate, inappropriate, or offensive — and you waive any legal claims related to your exposure to such content
• Cherrypicker is not liable for how other Users or third parties may use your posted content

If you disagree with these terms, or if you require your posted content to be treated as private or confidential, you should not use the Service.

THIRD-PARTY AGENTS AND THIRD-PARTY SERVICES

The Cherrypicker Service is intended for use solely by Clients and their authorized Users for internal business purposes. Use of the Service for resale, redistribution, or access by unauthorized third parties is strictly prohibited. Any violation of this Agreement by a third-party agent acting on behalf of a Client will be considered a breach by the Client.

From time to time, Cherrypicker may integrate or provide access to third-party services, vendors, platforms, or applications (“Third-Party Services”) that facilitate recruiting workflows, communications, or data enrichment. These may include (but are not limited to) links to external websites, job boards, email or SMS communications, or data sourcing tools.

Third-Party Services are provided “AS IS” and are not covered by this Agreement. Cherrypicker does not endorse, control, or warrant the accuracy, availability, security, or content of any Third-Party Service. You are solely responsible for evaluating and deciding whether to use any Third-Party Services, and you may opt out of them if applicable.

You should carefully review the terms and privacy policies of any Third-Party Service before using it or sharing any personal or company data, as such use may fall outside the scope of Cherrypicker’s privacy practices. Cherrypicker assumes no liability for any use or misuse of data by a Third-Party Service.

Cherrypicker reserves the right to modify, suspend, or discontinue any Third-Party Services at any time, with or without notice.

LICENSING TO CHERRYPICKER

You retain full ownership of any User Content you create, upload, or submit through the Cherrypicker Services. However, by using the Services, you grant Cherrypicker Inc. and its affiliates, representatives, licensees, licensors, and assignees (collectively, the “Cherrypicker Parties”) a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, display, modify, distribute, store, publicly perform, broadcast, and transmit your User Content—including logos, service marks, trademarks, and trade names—as necessary to operate, support, promote, and improve the Cherrypicker Services.

This license allows Cherrypicker to:

• Support your use of the platform;
• Showcase your brand or profile in candidate and employer-facing features;
• Improve service delivery through internal development and product enhancements;
• Market the Services in connection with your approved usage of the platform.

You hereby waive any and all moral rights in and to your User Content, to the fullest extent permitted by law, and agree not to assert any such rights against the Cherrypicker Parties.

Cherrypicker reserves the right to display third-party or internal advertisements in connection with User Content, where applicable.

DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

By using the Cherrypicker Services, you agree that any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Services shall be resolved exclusively through final and binding arbitration, rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act and will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where applicable, the Supplementary Procedures for Consumer-Related Disputes.

• Arbitration will be conducted in New York, New York, unless otherwise mutually agreed upon in writing.
• Each party will bear its own costs, including attorney’s fees, unless otherwise required by applicable law.
• Arbitration proceedings will be confidential, and the arbitrator’s decision will be final and binding, subject only to very limited judicial review as permitted by law.
• You are waiving your right to a trial by jury and to participate in a class action or representative proceeding. All claims must be brought on an individual basis. The arbitrator shall not have the authority to consolidate claims of multiple parties or preside over any form of class or representative action.
• The arbitrator may award only damages and relief that are permitted under this Agreement, and shall not have the authority to award punitive damages or damages exceeding the limitations set forth herein.
• Notwithstanding the foregoing, Cherrypicker reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

This arbitration clause survives the termination of your relationship with Cherrypicker.

FORCE MAJEURE

Cherrypicker shall not be held liable for any failure or delay in performance of its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, acts of war or terrorism, labor disputes, internet or telecommunications outages, system failures, government actions, pandemics, or failures of third-party service providers.

Additionally, Cherrypicker makes no guarantee regarding the order or ranking of Candidate profiles displayed within the Services. Candidate search results may vary based on a number of factors, including platform algorithms and user behavior. Cherrypicker shall not be liable if the Service filters or algorithms fail to present the most qualified Candidate to a Client at the time of a search.

ASSUMPTION OF RISK – CANDIDATE INTERVIEWS WITH CLIENTS

Candidates and Clients acknowledge and agree that they assume full responsibility and all associated risks for any interactions, including virtual or in-person interviews, that occur as a result of connections made through the Cherrypicker Service. This includes, but is not limited to, any interviews conducted via video conference, on-site at a Client’s place of business, or at any third-party or mutually agreed-upon location not affiliated with Cherrypicker.

Cherrypicker disclaims all liability for any harm, injury, loss, or damages arising out of or relating to such interactions. This includes, but is not limited to, any misrepresentation by a Client, including instances where a Client poses as a legitimate employer but is in fact acting under false pretenses.

While Cherrypicker uses commercially reasonable efforts to vet and screen Clients, Candidates, and Recruiters before granting access to the Service, Cherrypicker does not perform background checks, credit checks, identity verifications, or criminal history screenings. Users are solely responsible for conducting their own due diligence prior to engaging in any interview or employment-related interaction facilitated through the Cherrypicker platform.

SEVERABILITY; HEADINGS

If any provision of this Agreement is found to be unenforceable, that provision shall be severed, and the remainder of the Agreement shall remain in full force and effect. In the event of any conflict between provisions of this Agreement, Cherrypicker reserves the exclusive right to determine which provision shall prevail. Section headings are included for convenience only and do not affect the interpretation of any provision.

NON-WAIVER

No failure or delay by Cherrypicker in exercising any right, remedy, or provision of this Agreement shall constitute a waiver thereof. Any waiver must be in writing to be effective. The waiver of any breach or default shall not constitute a waiver of any subsequent breach or default.

CLASS ACTION WAIVER

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND CHERRYPICKER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.

TERMINATION

Cherrypicker may suspend or terminate Your access to the Services or Your account at any time, with or without cause, and with or without notice. In the event You are a Client and are in material breach of this Agreement, Cherrypicker will provide written notice and a thirty (30) day opportunity to cure such breach, where applicable. Failure to cure the breach within the provided timeframe will result in immediate termination of access to the Service.

If You are a Candidate, You may terminate this Agreement at any time by closing Your account. Upon termination, all rights and obligations of the parties that by their nature should survive termination shall remain in effect, including but not limited to provisions related to ownership, indemnity, limitation of liability, and any accrued payment obligations.

 GOVERNING LAW

This Agreement, and any dispute arising out of or related to it, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located in New York, NY for the purpose of litigating any claim or dispute not subject to arbitration as set forth in the “Dispute Resolution” section of this Agreement.

MODIFICATION OF TERMS

Cherrypicker reserves the right to modify or update these Terms of Use at any time. When changes are made, We will update the “Last Updated” date at the top of this document. It is Your responsibility to review the Terms of Use periodically. Continued use of the Services after any changes constitute Your acceptance of the new Terms. If You do not agree to any amended terms, You must stop using the Services and terminate Your account.

PAYMENT

All fees for Cherrypicker Services are due and payable within thirty (30) days from the invoice date, unless otherwise specified in writing by Cherrypicker or as stated in Your applicable Service Agreement and/or Subscription Agreement. This includes, but is not limited to:

• Introduction Credit Fees
• Successful Placement Fees
• Hiring Platform Subscription Fees
• Premium App Upgrade Fees
• Any other fees incurred by the Client in connection with the Services

If any payment remains outstanding more than ten (10) days past the thirty (30) day payment term, Cherrypicker reserves the right to assess a late fee. The late payment fee will be calculated as five percent (5%) of the overdue amount per month or fraction thereof, or the maximum amount permitted by applicable law—whichever is lower. Late fees will begin accruing as of the original due date and will continue until full payment is received.

You acknowledge and agree that You are solely responsible for the payment of all applicable federal, state, and local taxes arising from Your use of the Services, excluding taxes based solely on Cherrypicker’s net income.

Cherrypicker reserves the right to modify its pricing and billing practices at any time, including instituting new fees or changes to existing pricing structures. Any such changes will be communicated to You via email or through Your account dashboard, in accordance with the notice provisions of this Agreement. Continued use of the Services following such notice constitutes Your agreement to the new pricing terms.

PROFESSIONAL SERVICES

Clients, Candidates, and Recruiters may have the option to purchase certain add-on services provided by Cherrypicker, including but not limited to: sourcing and recruiting support, career coaching, and recruitment automation consulting (collectively, the “Professional Services”).

Users acknowledge and agree that all decisions made pursuant to the Professional Services—including, without limitation, which Candidates to consider, interview, or hire—are solely at the discretion of the User. Cherrypicker shall not be held liable for any outcomes, actions, or decisions taken by Users in connection with the Professional Services.

Cherrypicker makes no representations, warranties, or guarantees regarding the results or effectiveness of any Professional Services. All Professional Services are provided on an “AS IS” basis. The scope and duration of each Professional Service engagement shall be as specified in the applicable Service Agreement or purchase confirmation and may not be canceled or terminated early by the User unless otherwise expressly agreed in writing by Cherrypicker.

Cherrypicker expressly disclaims all liability for any actions taken—or not taken—by Users as a result of or in connection with the Professional Services.

ASSIGNMENT

Except as provided herein, neither party may assign or transfer this Agreement, in whole or in part, without the prior written consent of the other party. Any attempted assignment in violation of this section shall be null and void. Notwithstanding the foregoing, Cherrypicker may assign this Agreement, without consent, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. This Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

NOTICE

You agree that Cherrypicker may provide notices, disclosures, and other communications to You via the Services or by using the contact information (including email) You provided during registration. You are solely responsible for keeping Your contact details current. Delivery of an email notice to Your registered email address constitutes effective notice, regardless of whether You access or read the email.

ENTIRE AGREEMENT

This Agreement, along with any applicable Service Agreement(s), Subscription Agreement(s), and Privacy Policy, constitutes the entire agreement between You and Cherrypicker with respect to the Services. It supersedes all prior or contemporaneous agreements, communications, or understandings, whether oral or written, relating to the subject matter herein.

ELECTRONIC COMMUNICATIONS

You consent to receive communications from Cherrypicker electronically, including via email, the Services, or other electronic means. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

CALIFORNIA USERS AND RESIDENTS

In accordance with California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If You have a question or complaint regarding the Services, please contact Cherrypicker at support@getcherrypicker.com You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Introduction Credit Subscriptions Explained

Cherrypicker may offer Clients access to Introduction Credit Subscriptions on a trial or annual basis, providing discounted pricing for bulk purchases of Introduction Credits. These Credits can only be used within the Hiring Platform for Candidates represented by Cherrypicker Recruiters.

Credits issued under an Introduction Credit Subscription will expire at the end of the subscription term unless otherwise stated. If a Client renews their subscription, any remaining unused Credits will roll over and remain valid for the term of the renewed agreement.

Cherrypicker reserves the right to:

• Offer trial subscriptions that include a limited number of free Introduction Credits
• Cancel or modify trial offers at any time
• Adjust pricing for Introduction Credits at its sole discretion

Credits are subject to the additional terms outlined in the Introduction Credits definition provided in this Agreement.

HIRING PLATFORM TERMS OF USE

Once a Client is registered and approved by Cherrypicker, they gain access to the Hiring Platform and may:

• Browse available Candidate profiles (limited view)
• Submit non-binding Introduction Requests
• Distribute job opportunities to Candidates
• Communicate directly with Candidates upon profile unlock

By using the Service, Clients agree to submit all Introduction Requests exclusively through the Cherrypicker platform. Upon unlocking a Candidate’s full profile (following the Candidate’s consent), Clients and Candidates may continue communication by any means they mutually agree upon.

Important Disclaimer:
CHERRYPICKER DOES NOT CONDUCT BACKGROUND CHECKS OR VERIFY USER STATEMENTS.
YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO PERFORM ANY BACKGROUND CHECKS, REFERENCE CHECKS, OR OTHER DUE DILIGENCE PRIOR TO HIRING A CANDIDATE.

Candidate and Client Responsibilities

Candidate Non-Circumvention:
Candidates discovered on the Service agree not to bypass the Cherrypicker platform by initiating direct communication with Clients outside the platform post discovery.

Introduction Requests and Mutual Interest:
When a Client submits an Introduction Request, they are expressing Initial Interest in a Candidate. A Candidate may respond via the Cherrypicker Mobile App to express Mutual Interest, thereby granting the Client permission to unlock their full profile.

Mutual Interest is defined as the Candidate’s affirmative response that:

• Grants the Client the right to view their full profile;
• Represents that the Candidate has not applied to the Client’s company within the past 180 days; and
• Commits the Candidate to participate in at least one first-round video or in-person interview if requested.

Please Note:

• Mutual Interest does not obligate the Client to unlock the Candidate’s profile, proceed with an interview, or extend an offer.
• Introduction Requests can not be withdrawn by Clients at any time prior to Mutual Interest being expressed.
• Cherrypicker cannot manually unlock Candidate profiles—only Candidates can provide such consent.

Prohibited Conduct:
If a Candidate or Client attempts to initiate unauthorized communication, misrepresents prior application history, or violates these Terms, Cherrypicker reserves the right to suspend or permanently remove the offending party from the Service.

INTRODUCTION CREDITS EXPLAINED

“Introduction Credit(s)” are digital tokens, purchased either individually directly on the Cherrypicker platform or in bulk through a Cherrypicker Sales Representative via Cherrypicker’s approved third-party integrated payment system. These Credits are used exclusively by Clients to initiate Cherrypicker’s proprietary proactive recruiting process and unlock a Candidate’s full profile after Mutual Interest has been established on the Cherrypicker Hiring Platform.

Unlocking a Candidate Profile Requires All of the Following:

1. Initial Interest by the Client
   A Client must first express Initial Interest in a Candidate either by:
   • Sending an Introduction Request through the platform; or
   • Posting a job on the Service that algorithmically matches the Candidate’s profile.
2. Mutual Interest by the Candidate
   A Candidate must then affirm interest by:
   • Accepting the Client’s Introduction Request; or
   • Indicating interest in a job match received via the Cherrypicker Mobile App.

Important Note:
Clients may search the Hiring Platform and preview limited Candidate details. However, they may not unlock a Candidate’s full profile until Mutual Interest is confirmed.

Introduction Credits are consumed in the following fashion: 

1. • When a Client sends an Introduction Request to a Candidate
   • When a Client unlocks a Candidate Profile who has shown Mutual Interest to a job posting. 

CHERRYPICKER SEARCH SERVICE TERMS OF USE

The Cherrypicker Search Service (also referred to as “Cherrypicker Search” or “Cherrypicked Ventures LLC”) is a specialized executive search service operated in direct affiliation with Cherrypicker Inc. This service is designed to support Clients who are unable to locate qualified candidates through the Hiring Platform and wish to engage Cherrypicker’s recruitment team to conduct a targeted search.

Engagement Requirements

• All Clients utilizing Cherrypicker Search must enter into a formal Cherrypicker Search Agreement prior to engagement.
• This Agreement will outline the scope of services, fee structure, and specific terms applicable to the Client’s unique search needs.

Staffing Partnerships

• Cherrypicker may partner with approved Third-Party recruiting firms to fulfill the obligations of the Cherrypicker Search Service.
• These Third-Party partners act on behalf of Cherrypicker and are bound by confidentiality and service-level agreements.

Limitations

While Cherrypicker and its partners will make commercially reasonable efforts to identify and present qualified candidates:

• We do not guarantee that a suitable candidate will be found.
• All final hiring decisions remain solely at the discretion of the Client.

Clients are advised to review the terms outlined in their Cherrypicker Search Agreement and/or Service Agreement for additional details regarding timelines, responsibilities, and fees related to the Cherrypicker Search engagement.

CHERRYPICKER SEARCH CANDIDATE OWNERSHIP TERMS

Any Candidate referred to a Client by a Recruiter through the Cherrypicker Search Service is considered the property of Cherrypicker for a period of three hundred sixty-five (365) days from the date of referral.  If the Client hires that Candidate at any time during this period—whether for a full-time, part-time, or contract role—the Client agrees to pay a Cherrypicker Search Placement Fee in accordance with the terms outlined in the applicable Cherrypicker Search Service Agreement.

Prior Candidate Contact Clause

In the unlikely event that a Client has previously identified a Candidate through their own recruiting efforts but has not engaged in an interview or substantive hiring process with that Candidate within the past three (3) months, and the Candidate is subsequently referred through Cherrypicker and hired, Cherrypicker will be credited with the placement and is entitled to the full Placement Fee. It is agreed that, absent Cherrypicker’s involvement, the hire would not have occurred.

Fee Structure

• The Placement Fee is calculated as a percentage of the Candidate’s first-year base salary or prorated contractor compensation, as agreed upon in the Search Agreement.
• The Client must provide Cherrypicker with a copy of the executed offer letter that includes:
  • Candidate’s full name
  • Job title
  • Start date
  • Base salary or compensation
  • Any other relevant metadata pertaining to the role

Recruiter Compensation

• The Recruiter who introduced the Candidate to Cherrypicker will receive their share of the Placement Fee in accordance with their Service Agreement with Cherrypicker Inc.

Conflicts Between Services

• If a Client unlocks a Candidate through the Cherrypicker Hiring Platform before receiving a referral from the Cherrypicker Search Service, the hire will be governed by the Hiring Platform Terms.
• If a Candidate is first presented via Cherrypicker Search, and is later unlocked by the Client on the Hiring Marketplace, the Search Service Terms and Fees will apply.

Non-Disclosure of Hires

• If a Client hires a Candidate referred through Cherrypicker Search and fails to notify Cherrypicker of the hire within thirty (30) days, Cherrypicker reserves the right to terminate the Client’s account and pursue the full Placement Fee, as per the Search Agreement.

SUBSCRIPTION AGREEMENTS

Clients who enter into a Subscription Agreement with Cherrypicker (individually, a “Subscription Client” and collectively, “Subscription Clients”) agree to pay a subscription fee (the “Subscription Fee”) for a defined term length (the “Subscription Period”) as outlined in the applicable Subscription Agreement. All applicable state and local taxes (including sales, use, excise, value-added, and similar taxes) will be invoiced separately from the Subscription Fee.

During the Subscription Period, Subscription Clients receive access to premium features, including the ability to:

• Post job openings;
• Browse and search Candidate profiles on the Hiring Platform;
• Send non-binding Introduction Requests (defined as an expression of Initial Interest);
• Receive and view Candidates who express Mutual Interest;
• Unlock Candidate profiles using Introduction Credits (defined in these Terms); and
• Extend Job Offers (defined as offers of employment or contractor engagements) to Candidates found through the Service.
• Utilize Cherrypicker’s menu of professional services add-ons

Each Subscription Agreement will specify:

• The number of Introduction Credits issued during the Subscription Period;
• Whether the Subscription includes any bundled professional services add-ons (including but not limited to: sourcing, recruitment automation consulting, Cherrypicker Search Services);
• The pricing for additional Introduction Credits (bulk discounts may apply).

Payment Authorization: Clients may be required to complete a Direct Debit Authorization Form to allow Cherrypicker to automatically withdraw monthly Subscription Fees. By agreeing to these Terms, the Client authorizes Cherrypicker to initiate recurring charges without additional notice or consent. Clients are responsible for notifying Cherrypicker immediately of any changes to billing information.

• The Candidate’s name;

Out-of-Scope Hires: Standard Placement Fees will apply for any Candidate hires made:

• Outside the Subscription Period; or
• Outside the scope of the Subscription Agreement (e.g., for roles or Candidate types not included in the agreed Subscription terms).

If You do not agree with these Terms, You must cease use of the Service and terminate Your account. YOUR OBLIGATION TO PAY ANY SUCCESS FEES SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

 AUTHORIZED USERS AND DEVICES

Clients will receive login credentials to access the Cherrypicker Service. These credentials may be shared only with employees of the Client’s organization, such as talent acquisition professionals and hiring managers (each an “Authorized User”). Authorized Users may post jobs, send Introduction Requests, interact with Candidates, and extend Job Offers through the Service.

Each purchased license must be assigned to a designated Authorized User. The Client agrees not to share any Authorized User’s login credentials with any individual outside of its organization. If an Authorized User leaves the company, takes leave, or changes roles, the license may be reassigned to another employee, subject to Cherrypicker’s right to limit excessive license transfers.

If Cherrypicker determines that any license is being shared with an Unauthorized User (defined as any user who accesses the Service without a valid, assigned license), such action will constitute a material breach of this Agreement. In such case, Cherrypicker reserves the right to invoice the Client for the unauthorized usage at a rate equal to 1.5x the prorated cost of each improperly accessed license.

Device Access and Browser Sessions

Authorized Users may access the Service from multiple devices or browser sessions simultaneously. At the time this Agreement was executed, there is no limit on concurrent browser logins per Authorized User within a single Client organization.

The Hiring Platform is designed to be collaboratively accessed by hiring stakeholders within a Client’s organization. However, each Client organization must have a valid assigned license unless otherwise permitted in writing by Cherrypicker.

Adding Additional Seats

Clients may request additional licenses at any time during the active Service term. Upon written notice and prompt payment of the applicable invoice, Cherrypicker will provision the requested number of licenses. The cost for such seats will be prorated based on the remaining duration of the current term, and billed according to the applicable pricing set forth in the Client’s Subscription or Order Form.

INTRODUCTION CREDIT REFUND POLICY
Due to third-party data enrichment and proactive outreach costs, all sales are final. Credits are non-refundable, and Cherrypicker retains full discretion in issuing replacement credits.

We work diligently to ensure Candidates on our platform are responsive, qualified, and actively represented by Recruiters. If a Candidate fails to respond to outreach, Cherrypicker may review their account and take internal action as needed, but no refund will be issued. 

Clients are encouraged to report unresponsive Candidates so we can uphold the integrity of our Hiring Platform.

If a Candidate’s profile contains invalid contact data (e.g., email bounces, wrong phone number), Cherrypicker may issue a replacement Introduction Credit at its sole discretion.

To qualify for a replacement, the Client must report the issue within seven (7) days of unlocking the Candidate. Cherrypicker will investigate and determine if the data is materially incorrect.

All other Introduction Credit purchases are final and non-refundable.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information made available through the Service by its Users are solely those of the respective authors and should not be relied upon as professional advice or endorsements. Cherrypicker is not responsible for the accuracy, completeness, or usefulness of any User Content, and disclaims any liability arising from reliance on such content. We do not endorse or adopt any statements made by Users and assume no liability for any loss or damage resulting from User Content shared via the Service.

While Cherrypicker strives to enforce its Terms of Use, you may encounter content that is inaccurate, offensive, or inappropriate. We reserve the right—but not the obligation—to review, moderate, or remove such content. We also reserve the right to deny access to the Service to any User who violates our terms or engages in unlawful, abusive, or harmful behavior. Unauthorized use may lead to civil or criminal penalties. To report misuse, please contact us at support@getcherrypicker.com.

LINKS TO THIRD-PARTY SITES AND APPLICATIONS

The Service may contain links to third-party websites (“Third-Party Sites”) and content, tools, or applications (“Third-Party Applications” or “Third-Party Software”) that are not owned or controlled by Cherrypicker. These links are provided for convenience and informational purposes only. We do not review, endorse, or guarantee the content, products, or services available on these Third-Party Sites and disclaim any liability for their use.

Users may not integrate or install third-party applications without prior written approval from Cherrypicker. Any unauthorized integration violates these Terms and may result in removal from the Service. If you choose to leave the Cherrypicker platform to access a Third-Party Site or Application, you do so at your own risk. You should carefully review their terms and privacy policies before proceeding.

COPYRIGHT COMPLAINTS

Cherrypicker respects the intellectual property rights of others and expects its Users to do the same. In accordance with the Digital Millennium Copyright Act (17 U.S.C. §512), we have adopted a policy that allows for the termination of accounts belonging to repeat infringers. To report copyright violations, please contact support@getcherrypicker.com.

LICENSE GRANT

By submitting any User Content via the Service, you grant Cherrypicker a perpetual, royalty-free, worldwide, transferable, sublicensable, and non-exclusive license to use, reproduce, display, modify, publish, distribute, and create derivative works of your content—including your name, voice, likeness, logo(s), and trademarks—as applicable, for purposes related to the operation and promotion of the Service.

Use of the platform is limited to authorized Users for business purposes and may not be shared with third parties without express written consent from Cherrypicker.

INTELLECTUAL PROPERTY

Cherrypicker and its licensors own all rights, title, and interest in and to the Service, including trademarks, copyrights, logos, and proprietary technology. You agree not to reproduce, distribute, or otherwise exploit any part of the Service beyond the scope of your authorized use. All rights not expressly granted are reserved.

EMAIL AND LEGAL NOTICE

Cherrypicker communicates with Users via email and in-app messages regarding account activity, updates, and promotional content. These communications do not constitute legal notice. Any legal notices should be sent to support@getcherrypicker.com.

CONSENT TO ELECTRONIC COMMUNICATIONS

You consent to receive communications from Cherrypicker electronically and agree that such communications satisfy any legal requirement for written notice. You may opt out of non-essential communications at any time by contacting support@getcherrypicker.com.

BETA SERVICES

Beta features are provided “as is” for evaluation purposes without warranties or guarantees. Cherrypicker reserves the right to modify, discontinue, or charge for beta features at any time.

WARRANTY DISCLAIMER

The Services are provided “as is” without warranties of any kind. Cherrypicker disclaims all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and data accuracy. We do not guarantee uninterrupted or error-free access and make no representations regarding reliability or suitability for your needs.

You are solely responsible for your interactions through the Service. Communications may be viewed by others and are not considered confidential.

California users waive rights under Civil Code §1542, and similar provisions in other jurisdictions are waived to the extent permitted.

LIMITATION OF LIABILITY

To the maximum extent allowed by law, Cherrypicker will not be liable for indirect, incidental, special, consequential, or exemplary damages, including loss of data, profits, or business opportunities. Total liability is limited to the greater of $100 or the amount paid by you to Cherrypicker in the past 12 months.

Some jurisdictions do not allow such limitations; in those cases, our liability is limited to the fullest extent allowed by law.

Cherrypicker is not liable for: (a) content posted by Users; (b) obligations arising between Users; (c) any unauthorized interactions; (d) disputes, feedback, or negative reviews; (e) the performance of Third-Party Services; or (f) your use of third-party data on our platform.

You may not bring a claim under this Agreement more than twelve (12) months after it arises.

INDEMNIFICATION

You agree to indemnify and hold harmless Cherrypicker from any claims, damages, or expenses arising from: (a) your User Content; (b) your use of the Services; (c) your violation of these Terms; (d) your violation of laws or third-party rights; and (e) your use of Third-Party Services.

JURISDICTION

All disputes will be resolved under the laws of the State of New York. Venue for any proceedings shall be in the courts of New York, NY. Parties consent to jurisdiction and service of process in such courts.

GENERAL TERMS

Cherrypicker does not guarantee job placement or hiring outcomes. If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in effect. This Agreement, along with any signed Subscription Agreement and our Privacy Policy, constitutes the entire agreement between you and Cherrypicker.

Unauthorized assignment of this Agreement is void. Cherrypicker may assign this Agreement without your consent.

ACKNOWLEDGEMENT

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy at https://www.getcherrypicker.com/privacypolicy.

CONTACT INFORMATION

If You have any questions about this Agreement, the Services, or need to provide legal notice, please contact us at:

Cherrypicker Inc.
2248 Broadway #1443
New York, NY
Email: support@getcherrypicker.com

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