ShiftGate · Terms
ShiftGate (AI Recruiter) — Version of October 19, 2026
Provider: Wealthboosterpro LLC, a Wyoming limited liability company doing business as Business Intelligence DNA, 5830 E 2nd St Ste 7000, Casper, WY 82609 (support@businessinteldna.com).
Customer: [Legal Name, Entity Type, State of Formation] · EIN: [__________] · Address: [__________] · Website: [__________] · Primary Contact: [Name, Title, Email, Phone] · Hiring Manager / ADA Contact: [Name, Phone, Email] · State(s) of Job Locations: [__________].
| Feature / Term | 1. SINGLE | 2. PRO (TRADES) | 3. MULTI-FLEET |
|---|---|---|---|
| One-Time Setup Fee | $1,000 | $1,500 | $2,500 |
| Monthly Subscription | $490 / month | $890 / month | $1,490 / month |
| Locations / Active Jobs | 1 location / up to 5 Active Jobs | 3 locations / up to 10 Active Jobs | 10 locations / unlimited Active Jobs |
| Included Volume | Up to 200 Completed Applications/mo | Up to 500 Completed Applications/mo | Up to 1,500 Completed Applications/mo |
| Channels | Web chat + US SMS | Web chat + US SMS + WhatsApp | All channels + Webhook/API |
| Document Check | Photo check: document type, legibility, expiration, name match | Photo check + public state license & FMCSA medical examiner registry check where available; 30-day expiry alerts | As PRO, with priority support |
| Voice Notes | — | Included (EN/ES) | Included (EN/ES) |
| Notifications & Calendar | Calendar + email | Slack + SMS + calendar | Slack + ATS + calendar |
| Item | Governing Commercial Terms |
|---|---|
| Launch Quarter Option | $1,950 in one upfront payment: covers SINGLE setup plus the first three (3) months of the SINGLE plan (list price $1,000 + 3 × $490 = $2,470; $520 prepayment savings). The three prepaid months run from the Go-Live Date. Beginning on the first day after that initial 90-day live period, the plan renews month-to-month at $490/month unless cancelled under the Term & Cancellation row below. |
| Trial-to-Paid & Go-Live Billing | The One-Time Setup Fee is billed at checkout. Customer's recurring monthly subscription begins on the Go-Live Date (the date Provider activates the live phone/chat line), or thirty (30) calendar days after checkout, whichever occurs first. Provider will send an automated billing reminder email at least one (1) day prior to the first recurring monthly charge and prior to any Launch Quarter conversion to month-to-month billing. |
| Feature Activation Date | Where a feature of the selected plan (WhatsApp Business verification, public registry checks, API, Slack or ATS integration) requires third-party approval or staged rollout not yet live on the Start Date, its target activation date is: [__________]. If not live within 15 business days of that date, Customer's sole remedy is a pro-rata credit of the difference between the selected plan and the SINGLE plan until activated. |
| Term & 1-Click / Email Cancellation | Month-to-month after initial period. Either party may cancel effective at the end of the then-current monthly billing cycle by giving at least thirty (30) days' written notice via email to support@businessinteldna.com or through the billing portal cancellation link. Fees already paid or accrued for the current billing cycle are non-refundable except as expressly stated under Performance Remedies below. |
| Performance Remedies (FTC 16 CFR Part 239) | (a) Next-Day Live Setup Remedy: If Provider fails to have the Service's web chat line live and answering applicants within one (1) business day after Customer delivers its completed job requirements sheet and calendar access, Customer may elect a full refund of the One-Time Setup Fee (or $1,000 of a Launch Quarter payment) by emailing support@businessinteldna.com within 14 days after the missed deadline. Text messaging is activated after carrier approval of the registration filed under Customer's EIN, which Provider does not control and which is not part of this remedy. (b) Booked-or-Free Service Extension: If zero applicants who pass Customer's deterministic yes/no requirements book an interview during the first thirty (30) days after Go-Live, Provider will waive the monthly subscription fee for subsequent months until the first qualified applicant books an interview (for a Launch Quarter, the prepaid period is instead extended by one month for each such month), provided Customer has kept the Service's apply link or text-to-apply number continuously published on at least one active, publicly visible job posting during that 30-day period. |
| Pilot Option (If Checked: [ ]) | 30-Day Pilot: $0 Setup Fee and $0 Subscription Fee for the first thirty (30) days after Go-Live (up to 200 Completed Applications). In consideration of the waived fees, Customer agrees to provide a candid written review of its experience by Day 25 and grants Provider permission to publish an anonymized or named case study displaying Customer's name, logo, and verified hiring metrics (subject to Customer's review of accuracy prior to publication). Unless Customer cancels by email before Day 30, the Service converts on Day 31 to the selected paid plan above. |
| Overage Billing | $1.50 per Completed Application above the monthly included volume, billed in arrears on the next monthly invoice. The monthly fee includes up to two (2) changes to Customer's questions or job text per month. Incomplete chats, candidates stopped at Stage 1 knockout rules, duplicate applications by the same candidate for the same job within the same calendar month, and test runs do not count toward volume or overages. |
1. Service. Provider makes available the ShiftGate (AI Recruiter) platform described in the Order Form: candidate web chat, SMS/MMS and WhatsApp conversations; document checks; interview scheduling; employer dashboard and notifications (the "Service"). Provider may update the Service provided it does not materially reduce the compliance and security controls in Exhibit B.
2. Default Mode — Non-AEDT. The Service operates by default in Non-AEDT mode without AI-based scoring, ranking, weighting, or candidate selection. The only automated filter is Customer's own deterministic yes/no knockout rules executed by fixed code logic. Candidates may correct input mistakes (FIX) or request human review (APPEAL), and Customer's hiring manager retains sole authority over every hiring decision.
3. Customer Responsibilities. Customer determines all job qualifications, deterministic yes/no knockout rules, and screening questions, and bears sole legal responsibility for their lawfulness and for all recruiting and hiring decisions under Title VII, the ADEA, the ADA, IRCA (8 U.S.C. § 1324b), state and local Fair Chance / "Ban-the-Box" laws, the Fair Credit Reporting Act (FCRA), and state equivalents. Provider's compliance templates are configuration aids and do not constitute legal advice. Customer shall review forwarded appeals, ADA accommodation requests, and privacy requests without undue delay, and shall conduct any background or MVR checks only after a conditional offer of employment using its own FCRA-compliant disclosures and authorizations.
4. Text Messaging, Carrier Registration & TCPA Allocation. (a) Principal & Sender of Record: Customer is the legal maker, initiator, and sender of record of all recruiting messages sent on its behalf. Provider acts solely as the technical platform and service provider processing messages on Customer's instructions, and registers a dedicated A2P 10DLC or Toll-Free campaign under Customer's EIN.
(b) Platform-Collected Consents: For candidates who initiate contact via SMS/WhatsApp or submit the Service's webchat form with its unchecked TCPA opt-in box, Provider warrants that the Service's native opt-in workflow, instant STOP handling, local quiet-hour controls (8:05 AM–7:55 PM), and 24-hour message caps conform to the specifications in Exhibit B.
(c) Job-Board Application Notifications (Optional Flow): If Customer enables automated first-touch outreach to applicants who applied via third-party job boards (such as Indeed or ZipRecruiter), Customer authorizes Provider to send a single informational text message per application strictly to confirm interest and invite the applicant to reply YES to begin screening, subject to state exclusions configured in the Service (excluding Florida, Oklahoma, Washington, and Maryland phone numbers unless direct opt-in was captured on the job board). Customer warrants that the phone numbers forwarded to the Service were voluntarily submitted by the applicants in connection with the specific open job.
(d) Customer-Supplied Lists & Indemnity: If Customer uploads external contact lists, past-applicant spreadsheets, or instructs Provider to send messages outside the workflows in Sections 4(b)–(c), Customer warrants that it holds valid, documented consent under the TCPA and applicable state laws and shall defend, indemnify, and hold harmless Provider against any third-party claim, statutory penalty, carrier fine, or regulatory proceeding arising from such Customer-supplied lists or instructions.
5. AI-in-Hiring Laws (NYC, Illinois, Colorado). If Customer hires in New York City or configures any feature as an Automated Employment Decision Tool (AEDT), Customer is responsible as employer for the bias audit and candidate notices under NYC Local Law 144 (N.Y.C. Admin. Code § 20-871 et seq.). If Customer employs applicants in Illinois, Customer is responsible for providing any employer notices required under the Illinois Human Rights Act (775 ILCS 5/2-102(L)). In Colorado, Customer, as deployer, is responsible for deployer obligations under C.R.S. § 6-1-1703 unless exempt (fewer than 50 full-time equivalent employees under § 6-1-1703(6)); Provider supplies its developer documentation and public statement under C.R.S. § 6-1-1702.
6. Fees & Suspension. Fees are stated in the Order Form and exclude applicable taxes. Provider may suspend the Service for non-payment if an undisputed invoice remains unpaid ten (10) days after written notice.
7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST REVENUE; AND (b) PROVIDER'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY TWELVE-MONTH PERIOD SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL SUBSCRIPTION AND SETUP FEES ACTUALLY PAID BY CUSTOMER TO PROVIDER IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (ii) ONE THOUSAND NINE HUNDRED FIFTY DOLLARS ($1,950). Nothing in this Agreement limits liability for gross negligence, willful misconduct, or liabilities that cannot be limited by law.
8. Governing Law, Pre-Suit Negotiation & Arbitration. (a) Governing Law: This Agreement is governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles, except that the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of the arbitration agreement below.
(b) Informal Resolution: Before filing any claim, a party must send a written Notice of Dispute by email and allow thirty (30) days for good-faith negotiation.
(c) Binding Individual Arbitration & Remote Hearings: Any unresolved dispute arising out of or relating to this Agreement shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (Expedited Procedures for claims under $75,000). The legal seat of arbitration is Casper, Wyoming, provided that for claims under $50,000 all proceedings and hearings shall be conducted remotely by video conference or document submission unless both parties agree otherwise.
(d) Carve-Outs (Small Claims & Injunctive Relief): Either party may bring an individual action in small-claims court of competent jurisdiction if the claim qualifies, or seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property, confidential information, or prevent unauthorized system abuse.
(e) Class Action Waiver: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
9. General & Severability. This Agreement together with the Order Form and Part B (DPA) constitutes the entire agreement between the parties. Amendments must be in writing. Notices may be sent by email to the addresses on the Order Form. If any provision (including any venue term) is held unenforceable under mandatory state law, it shall be modified to the minimum extent necessary to be enforceable while preserving individual arbitration and the remaining provisions in full force.
1. Roles & CCPA/CPRA Service Provider Certification. Customer is the Controller / "Business" and Provider is the Processor / "Service Provider" under the CCPA/CPRA (Cal. Civ. Code § 1798.100 et seq.) and other applicable US state privacy laws. Provider processes candidate Personal Information solely on Customer's documented instructions to provide the Service. Provider certifies that it does not "sell" or "share" Personal Information (as defined by the CCPA), does not retain, use, or disclose Personal Information outside the direct business relationship with Customer, does not combine it with personal data from other sources, and never uses Customer data to train AI models.
2. Sub-Processors. Customer authorizes the sub-processors listed in Exhibit A. Provider shall give at least thirty (30) days' prior email notice before engaging any new sub-processor that processes candidate Personal Information. Customer may object in writing on reasonable data-protection grounds within fifteen (15) days of notice; if the parties cannot resolve the objection within the notice period, Customer may terminate the affected Service without penalty.
3. Security, Incident Notice, DSARs & Deletion. Provider implements the technical and organizational security measures in Exhibit B and enforces the three-tier retention and anonymization schedule in Exhibit C. Provider notifies Customer within 48 hours of confirming a personal-data security incident affecting Customer data and assists Customer with statutory notifications and candidate privacy requests (PRIVACY / DELETE commands) within CCPA timelines (10 business days to acknowledge, 45 calendar days to fulfill). On termination, Provider returns Customer data upon request and deletes remaining candidate records within 30 days, except for anonymized TCPA consent skeletons and EEOC records required by law to be held until their statutory expiration.
| Sub-Processor | Location | Purpose & Data Governance Controls |
|---|---|---|
| DigitalOcean, LLC | United States | Cloud server and PostgreSQL database hosting; AES-256-GCM encryption at rest. |
| OpenAI OpCo, LLC | United States | LLM extraction, Whisper STT, and GPT-4o Vision document inspection under OpenAI Data Processing Addendum; API calls sent with store:false; no model training. |
| Twilio Inc. / Telnyx LLC | United States | A2P 10DLC SMS/MMS and WhatsApp Business API delivery; inbound media deleted from carrier storage immediately after inspection. |
| Anthropic, PBC | United States | Failover LLM extraction under Anthropic commercial terms; no model training. |
| Resend, Inc. | United States | Transactional email delivery (manager notifications and confirmations). |
| Google LLC / Slack Technologies, LLC | United States | Google Calendar scheduling and Slack Block Kit manager notifications (enabled only if connected by Customer). |
| Data Category | Retention Period | Legal & Compliance Basis |
|---|---|---|
| Raw document photos & voice files | 24 hours after verification (AES-256-GCM encrypted at rest) | Illinois BIPA (740 ILCS 14/10) & state PII minimization; no facial geometry scanned; no DL# or DOB stored in DB. |
| Application content, chat log & checklist | 2 years from application (4 years for California employers), then content is automatically anonymized | EEOC 29 CFR § 1602.14 & California Government Code § 12946 (FEHA). |
| TCPA consent skeleton & opt-out list | 5 years from the last outbound message sent to the number; opted-out numbers retained permanently on Do-Not-Text blocklist | 4-year federal TCPA statute of limitations (28 U.S.C. § 1658(a)) + 1-year buffer; FTC TSR 16 CFR § 310.5; CCPA § 1798.105(d)(8). |
| Server request & security logs | 90 days | Platform security, rate limiting, and webhook verification. |
PROVIDER: Wealthboosterpro LLC (DBA Business Intelligence DNA) | CUSTOMER: [Customer Legal Name]
By: ____________________________________ · Name: Andrii Zhyla · Title: Chief Executive Officer · Date: __________________________________ | By: ____________________________________ · Name: __________________________________ · Title: __________________________________ · Date: __________________________________
Questions: support@businessinteldna.com · Back to ShiftGate