Terms & Conditions

Effective Date: Jan. 14, 2025

1. Agreement to Terms

By accessing eliostalent.com or using the Elios Insights platform (collectively, "the Platform"), you agree to these Terms and Conditions. If you disagree, do not use the Platform.

These Terms apply to all users: website visitors, employers, and candidates. Employer clients with Master Service Agreements (MSAs) are subject to both these Terms and their MSAs. In case of conflict, the MSA controls.

About Elios: Elios, Inc. (doing business as "Elios") is a recruiting services company connecting employers with candidates through AI-powered matching and human expertise.

2. User Categories
  • General Users: Anyone accessing the website for information about our services.
  • Employer Clients: Organizations engaging Elios recruiting services under separate MSAs.
  • Candidates: Individuals seeking employment who submit applications or resumes through Elios.
3. Accounts and Access

If provided with Platform credentials, you must maintain confidentiality and notify support@eliostalent.com immediately of any unauthorized access. You are responsible for all activity under your account.

You must provide accurate, complete, and current information. Providing false information may result in immediate termination and potential legal action.

4. Acceptable Use
You may not:
  • Violate any laws or regulations
  • Impersonate others or misrepresent your affiliation
  • Transmit viruses, malware, or harmful code
  • Attempt unauthorized access to the Platform
  • Scrape or harvest data through automated means
  • Send spam or unsolicited communications
  • Interfere with Platform operations
  • Reverse engineer or extract source code
  • Infringe intellectual property rights
  • Damage Elios's reputation or business
5. Employer Terms
5.1 Job Postings
Employers must ensure job postings:
  • Are accurate and complete
  • Comply with all employment laws, including anti-discrimination laws (EEOC, Title VII, ADA, ADEA, etc.)
  • Do not discriminate based on race, color, religion, sex, national origin, age, disability, genetic information, or any other protected characteristic
  • Reflect bona fide occupational qualifications
5.2 Hiring Responsibility

Employers are solely responsible for all hiring decisions, candidate selection, interviews, employment offers, compliance with employment laws, background checks, I-9 verification, and all employment relationships with hired candidates.

Elios does not make hiring decisions and is not liable for any employment-related claims.

5.3 Content Moderation

Elios may remove job postings containing discriminatory language or violating applicable laws. Elios responds to complaints but does not pre-screen all postings. Employers certify their postings comply with all laws.

5.4 Candidate Information

Elios provides candidate information in good faith but does not guarantee accuracy. Employers must conduct their own due diligence, including background checks and verification.

6. Candidate Terms
6.1 No Employment Relationship

Submitting applications or resumes does not create employment with Elios. Elios is a recruiting service, not an employer. Employment relationships are between candidates and employer clients. Elios makes no hiring decisions and has no control over employer practices.

6.2 No Guarantees

Submission does not guarantee interviews, job offers, or placement. Elios shares candidate information with potential employers. Employers make all final hiring decisions.

6.3 Truthful Information

Candidates must provide accurate information in all applications, resumes, and communications, including work history, education, skills, certifications, and references.

Providing false information may result in:
  • Immediate disqualification from opportunities
  • Termination of any resulting employment
  • Legal action at Elios's discretion
6.4 Content License

By submitting your resume or application materials, you grant Elios a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, display, and share your materials with potential employers for recruiting services. You retain ownership but grant Elios these rights to operate effectively.

You represent that you have the right to submit all materials, they don't infringe third-party rights, and all information is accurate.

6.5 Data Retention

Elios retains candidate resumes and applications for as long as necessary to identify future opportunities unless you request deletion at support@eliostalent.com.

6.6 Communication

By providing contact information, you consent to receive communications from Elios regarding job opportunities, application status, and Platform updates. Opt out by contacting support@eliostalent.com, though some service communications remain necessary.

7. Intellectual Property

The Platform, including all content, features, technology, algorithms, and intellectual property, is owned by Elios, Inc. and protected by U.S. and international law. This includes the Elios Insights platform, AI matching algorithms, proprietary processes, design, and all Elios trademarks and branding.

Users retain ownership of submitted content but grant Elios the licenses described in these Terms. You may not copy, modify, create derivative works, use Elios trademarks without permission, or remove proprietary notices.

8. Privacy and Data

Your use of the Platform is governed by our Privacy Policy, incorporated by reference. Elios collects candidate information to provide recruiting services and shares it with potential employers. Elios implements reasonable security measures, but no method is completely secure.

9. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

Elios does not warrant that the Platform will be uninterrupted, timely, secure, or error-free, or that results will be accurate or reliable.

Elios makes no guarantee regarding:
  • Candidate placement or employment outcomes
  • Interview opportunities or employer interest
  • Accuracy of candidate or employer information
  • Employer hiring decisions or practices
  • Suitability of candidates for positions or positions for candidates

Elios is not responsible for third-party content, including job postings or candidate information. Nothing on the Platform constitutes legal, employment, or professional advice.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELIOS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, EMPLOYMENT-RELATED DAMAGES, OR INTANGIBLE LOSSES.

ELIOS'S TOTAL LIABILITY SHALL NOT EXCEED $100.

Elios is not liable for employment disputes between candidates and employers, hiring decisions, employment practices (discrimination, harassment, wrongful termination), wage disputes, workplace conditions, inaccurate candidate information, or candidate misrepresentations.

These limitations form the basis of the bargain between the parties.

11. Indemnification

You agree to indemnify and hold harmless Elios from all claims, damages, losses, and expenses (including attorneys' fees) arising from your use of the Platform, violation of these Terms, violation of laws, violation of third-party rights, content you submit, or any misrepresentation.

Employers additionally indemnify Elios from claims arising from: discriminatory job postings or hiring practices, employment relationships with hired candidates, employment law violations, and workplace disputes.

Candidates additionally indemnify Elios from claims arising from: false information in applications, infringement of third-party rights, breach of confidentiality to former employers, and disputes with employer clients.

12. Termination

You may stop using the Platform anytime. Candidates may request data deletion at support@eliostalent.com.

Elios may terminate your access immediately for violation of these Terms, fraudulent activity, false information, discriminatory conduct, harm to users or the Platform, non-payment (employer clients), or any conduct Elios deems harmful.

Upon termination, your access ceases, Elios may delete your account, and candidate data may be retained per Section 6.5 unless deletion is requested. Surviving provisions include ownership, disclaimers, indemnity, and liability limitations.

13. Dispute Resolution
13.1 Governing Law and Venue

These Terms are governed by Texas law. Any legal action must be brought in state or federal courts in Harris County, Texas. You consent to jurisdiction and waive objections to venue.

13.2 Arbitration

To the extent permitted by applicable law, any dispute arising from these Terms or the Platform shall be resolved by binding arbitration in Houston, Texas, under American Arbitration Association (AAA) Commercial Arbitration Rules before a single arbitrator.

Exception: Either party may seek injunctive relief in court for intellectual property or confidentiality without arbitration.

The arbitrator's award is final and binding. Each party bears its own costs unless otherwise awarded.

13.3 Class Action Waiver

To the extent permitted by applicable law, you agree to resolve disputes individually, not through class action or representative proceedings. You waive any right to participate in class actions. If this waiver is unenforceable, the arbitration agreement is void.

13.4 Time Limit

Any claim must be filed within one (1) year after it arises or be forever barred.

14. General Provisions
  • Entire Agreement: These Terms, the Privacy Policy, and any MSA constitute the entire agreement and supersede all prior understandings.
  • Modifications: Elios may modify these Terms anytime by posting updates and notifying registered users. Continued use constitutes acceptance.
  • Severability: If any provision is invalid, the remaining provisions remain in effect, and the invalid provision will be modified minimally to be enforceable.
  • Waiver: Failure to enforce any provision does not waive that right.
  • Assignment: You may not assign these Terms without Elios's written consent. Elios may freely assign these Terms.
  • Force Majeure: Elios is not liable for failure or delay due to circumstances beyond its reasonable control.
  • Independent Contractors: These Terms create no partnership, joint venture, employment, or agency relationship.
  • No Third-Party Beneficiaries: These Terms confer no rights on non-parties.
  • Notices: Send notices to Elios at the address below. Elios may notify you via email or Platform posting.
  • Electronic Communications: You consent to electronic communications, which satisfy legal writing requirements.
15. Contact Information

Elios, Inc.

2339 Commerce Street, Suite 150

Houston, Texas 77002

By using the Elios Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.