Last updated May 4, 2026
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions, unless defined elsewhere:
These Terms and Conditions govern the use of and access to the Website, the Service and is the agreement that operates between You and the Company. Please read these Terms and Conditions carefully before you start using the Website. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website and Service, whether as a guest or as a registered user. Your access to and use of the Website and Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. By accessing or using the Website, You hereby consent to and agree to be legally bound by these Terms and Conditions, our Privacy Policy, found at https://atsmako.com/privacypolicy, and any additional terms or policies incorporated by reference. If You disagree with any part of these Terms and Conditions then You may not access or use the Website.
This Website and Our Services are offered and available only to users who are 18 years of age or older. By using this Website and the Service, You represent that You are over the age of 18.
Additionally, if You are using this Website on behalf of a company or other legal entity, You represent and warrant that You are authorized to bind that entity to these Terms and Conditions.
If You do not meet the above requirement(s), You may not access or use the Website.
Your privacy is important to us. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using the Website.
All ATS Mako subscription plans operate on a subscription-based model. A list of Our subscription plans and pricing can be found at https://atsmako.com/pricing/. The Company shall have the right to update its subscription plans and pricing with 30 days' prior written notice to You. If You do not agree to the pricing increase, You may cancel Your Subscription in accordance with the cancellation policy herein.
You shall be solely responsible for all fees and charges associated with Your Subscription, Your Account and Your use of the Service.
All charges in connection with the Service and Your use of the ATS Mako platform will appear on Your account invoice at the close of each billing period.
The Service and use of some parts of the Website are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each Subscription period, Your Subscription will automatically renew until cancelled in accordance with these Terms.
Your Subscription shall commence upon activation of Your Account and shall continue for a minimum initial term of twelve (12) months (the "Initial Term") unless cancelled or otherwise terminated (a) by You within thirty (30) days of Your Account's activation by providing the Company with written notice of cancellation, or (b) by the Company as set forth in the Termination section below. In the event that Your Subscription is not cancelled prior to the expiration of the Initial Term, Your Subscription shall automatically renew for successive one (1) month terms (each, a "Successive Term"), unless terminated by You or the Company in accordance with the provisions contained herein. For purposes herein, the Initial Term and each Successive Term shall constitute the "Term". If You properly cancel Your Subscription within the first thirty (30) day period after activation, You will not be responsible for the remainder of the Initial Term, and will not be responsible for any applicable fees, charges and payment obligations thereafter. After the thirty (30) day period, You will be responsible for all applicable fees, charges and payment obligations in connection with the Subscription during the Term.
Any new user who has not previously had an Account with the Company is eligible for a one (1) time thirty (30) day Free Trial. You will be required to enter Your billing information in order to sign up for the Free Trial, however, You will not be charged by the Company until the Free Trial has expired, at which point You authorize the Company to charge Your credit card. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected. At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
If You accept, redeem or otherwise take advantage of any Promotion provided by the Company, You agree to an Initial Term commencing upon the earlier of Your Account's activation or acceptance of the Promotion.
You may cancel Your Subscription at any time during the Term by providing the Company with no less than thirty (30) days written notice prior to the end of the Initial Term or the applicable Successive Term, as the case may be. Such written notice may be done through Your Account settings page or by contacting the Company as provided below.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that You must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to cancel Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Any Promotion made available through the Website may be governed by rules that are separate from these Terms. If You participate in any Promotion, please review the applicable rules for the Promotion as well as Our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply for the duration of the Promotion. After the Promotion term has expired, these Terms will apply.
You agree to use the Service for the exclusive purpose of recruiting employees for Your company. Any other use of the Service is strictly prohibited. Your use of the Service for any purpose other than recruiting for Your company shall result in the immediate termination of Your Subscription and access to the Service.
When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on the Website. You are responsible for updating all necessary information to ensure compliance with these Terms and for safeguarding the password that You use to access the Website and for any activities or actions under Your password, whether Your password is with Our Website or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You must ensure that Your use of Our Website and Services complies with all applicable laws and regulations, including those related to data protection, privacy, and telecommunication. You are responsible for managing Your account and ensuring only authorized users access the Website and Services. You must also ensure that any AI-powered scripts used do not infringe on any third-party rights.
The Company offers Subscription plans that include SMS Messaging as well as Subscription plans that do not include SMS Messaging as part of the Service. If You elect a plan that includes SMS Messaging, use of the SMS Messaging are governed by this section.
Upon activating Your Subscription and opting into SMS Messaging, You will be issued a unique phone number exclusively for Your use that can be used for sending basic text messages ("SMS Messages") to third parties (the "SMS Messaging System"). By using the SMS Messaging System, You acknowledge and agree that the phone number issued to You is provided exclusively for Your use of the Service, and that no third party may use the phone number issued to You for any purpose, regardless of affiliation to You. You are fully responsible for all SMS Messages sent by You and/or from the phone number issued to You through the SMS Messaging System.
By using the SMS Messaging System, You agree that you are responsible for and will comply with all applicable federal, state and local laws, rules and standards governing SMS communications, including without limitation, the Telephone Consumer Protection Act ("TCPA"), Federal Communications Commission ("FCC") regulations, Federal Trade Commission ("FTC") guidelines, anti-spam laws, service carrier requirements and any applicable opt-in/opt-out consent and messaging frequency requirements. You, and not the Company, are responsible for obtaining and maintaining any required consents from third party users at all times while using the SMS Messaging System.
SMS Messages for the SMS Messaging System are provided to You exclusively in connection with the Service. This includes interview scheduling, interview confirmations, interview reminders and follow up communications directly related to the Service. Unauthorized use of the SMS Messaging System beyond the Service are strictly prohibited. By using the SMS Messaging System, You agree that you shall not use the SMS Messaging System for any purpose outside of the Service, including, without limitation sending SMS Messages pertaining to sales, marketing, promotions, lead generation or any non-recruiting purpose. Any violation or other unauthorized use of the SMS Messaging System may result in the immediate suspension or termination of Your Account with or without notice at the sole discretion of the Company. In the event of any disruption to Your Account for such violation of the SMS Messaging System, You shall not receive, and the Company shall not be responsible for any refund to You for Your Subscription.
All SMS Messages initiated, sent or otherwise transmitted by You are deemed Your communications. You, and not the Company, are responsible for the content, legality, accuracy and compliance of all SMS Messages sent by You or through the phone number issued to You through the Service.
To the maximum extent permitted by law, the Company and its Affiliates shall not be liable for any claims, penalties, damages or losses resulting from Your use of the SMS Messaging System, including, but not limited to any message content, compliance failures, third party service carrier regulations or deliverability issues, unauthorized use of the phone number issued to You.
The Website, Service and its original content (excluding any Uploaded Content, as defined bellow) features and functionality, including, but not limited to, software, algorithms, trademarks, logos, copyrights, communications, messaging, and content, are and will remain the exclusive property of the Company and its licensors. All data and information entered into or generated through the Website or the Service are and shall remain the exclusive property of the Company.
During Your Subscription, provided that You remain in compliance with these Terms and Conditions, You are granted a temporary, revocable, non-assignable, non-transferrable right and license to use the Service.
The materials on the Website and the Service are protected by Country and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, modify, distribute, or otherwise use Our intellectual property without prior written consent of the Company.
Additionally, all modifications, enhancements, improvements, translations, adaptations or derivatives work of the Website, Service and its content, whether created by or for You or provided by or for You (collectively, "Derivatives"), are and will remain the exclusive property of the Company. You hereby assign to the Company all rights, title and interest in and to any such Derivatives and agree not to claim any ownership or other rights in them. If for any reason such assignment is ineffective, You agree to grant the Company an exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Derivatives without restriction.
Any attempt by you to download, store, or transmit any of the materials on our Website for any purpose not expressly authorized under these Terms is strictly prohibited without Our consent. If We have not given You written permission, You may not display, duplicate, modify, distribute, sell, license, display, reverse-engineer, or create derivative works of the materials on our Website.
You acknowledge that no right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may be fully prosecuted to the extent permissible by law.
Any Uploaded Content provided by You through the Website for the Service and all SMS Messages initiated by You to any third party are and will remain the exclusive property of You and/or its creators. "Uploaded Content" includes, but is not limited to resumes, job descriptions, new hire paperwork and other employment forms, policies and procedures.
In the event the Uploaded Content is in the nature of an unsolicited idea submission, the Company has no obligation of any kind in connection therewith unless it is expressly stated in these Terms and Conditions or in any other written contract with the Company. You acknowledge that the Company is constantly working to improve its products and services, and to develop new products and services for its customers. You therefore acknowledge and agree that it is possible that an idea similar to Yours is already being considered or developed by the Company, which reserves the right to develop such ideas independent of any unsolicited submission.
By providing such Uploaded Content to the Website for the Service, You hereby grant the Company a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license and right to use, reproduce, distribute, perform, publicly display, modify and/or prepare derivative works of such Uploaded Content.
Any Derivatives of the Uploaded Content created by the Company become the property of the Company as set forth above.
By providing Uploaded Content through the Website for the Service, You represent and warrant that:
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
The Website may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. If You decide to access any third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Website and Service will cease immediately. If You wish to terminate Your Account in accordance with our cancellation policy as set forth above, You may email Us at hello@atsmako.com to having billing stopped and Your account frozen.
You agree to defend, indemnify and hold harmless Company and its subsidiaries and Affiliates and their respective licensors, contractors, agents, and advertising and promotions agency, together with each of their respective employees, agents, directors, officers and shareholders from and against all liabilities, claims, damages and expenses, including reasonable attorneys' fees and costs, arising out of Your use of the Website, Your breach or alleged breach of any of these Terms and Conditions, or Your breach or alleged violation of the intellectual property or other rights of third parties with respect to your use of the Website and any of its features.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website within the 12 months immediately preceding the event that gave rise to the claim or $100 USD if You haven't purchased anything through the Website. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Service, incorrect information provided in the Uploaded Content, communication or messaging to any third parties (including but not limited to SMS Messages sent through the SMS Messaging System and communications with third parties indicating job offers and acceptances), or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Website is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website and the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided on or through the Website, including but not limited to the Uploaded Content; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
By providing Your contact information, including Your phone number, You consent to receive communications from ATS Mako via SMS Messages, MMS, and voice calls. These communications may include updates, promotional offers, account notifications, and other information related to Our services.
To receive communications from Us, You must provide explicit consent. This can be done by:
The frequency of communications You receive may vary based on Your interactions with Us and the nature of the information We need to share. For voice calls, the frequency will depend on Your consent and the purpose of the communication.
Standard message, data, and voice call rates may apply to each communication sent or received, as determined by Your service provider. Please consult Your mobile or phone service plan for details.
You may opt out of receiving communications at any time by:
Upon receipt of Your opt-out request, We will confirm Your opt-out status and cease further communications to Your number, except for administrative messages related to Your account.
If you need assistance or have questions about Our communications program, you can reply "HELP" to any SMS message received or contact Our customer support team at hello@atsmako.com. For voice call-related inquiries, You may also call Our support line directly.
These Terms are governed by and interpreted in accordance with the laws of the State of Arizona, without reference rules regarding conflicts of law. Your use of the Service may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting the Company. If the dispute cannot be resolved by informally contacting the Company, any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved by binding arbitration on an individual basis in Maricopa County, Arizona, in Phoenix, pursuant to the rules of American Arbitration Association, before one arbitrator selected in accordance with such rules.
NO ARBITRATION PROCEEDING MAY BE CONSOLIDATED OR JOINED WITH ANY OTHER PROCEEDING. BY CONSENTING TO ARBITRATION, YOU UNDERSTAND AND VOLUNTARILY WAIVE YOUR RIGHT AND OPPORTUNITY TO LITIGATE DISPUTES WITH ANY OF THE COMPANY PARTIES IN A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
The parties to the arbitration shall equally share in the costs for the arbitration, with each party to bear its own attorneys' fees and costs. Any final award or judgment may be filed and enforced in any court of competent jurisdictions.
Notwithstanding the foregoing, nothing in these Terms prohibit the Company from, without waiving the right or obligation to arbitrate, immediately seeking injunctive relief or a temporary restraining order against You in a court of competent jurisdiction in the event of any actual, alleged, or threatened violation of Company's intellectual property or other proprietary rights without posting of a bond, proof of damages, or other similar requirements.
If a court of competent jurisdiction finds that this arbitration provision is unenforceable or does not apply to a given dispute, You agree and hereby accept the Superior Courts of Arizona, Maricopa County, in Phoenix, Arizona as the exclusive jurisdiction and venue over such dispute. You also agree to waive the right to a jury trial in any such dispute.
This arbitration provision will survive the termination of these Terms.
All dispute resolution proceedings, whether in arbitration in court, will be exclusively conducted on an individual basis and not in a class or representative action, multi-district litigation, consolidated action, or private attorney general action.
BY CONSENTING TO THESE TERMS, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS.
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.
These Terms were posted on the date set forth above. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time, with or without notice. You are advised to periodically review these Terms for any changes. Any such changes will take effect immediately upon its posting on the Website. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined in Our sole discretion. By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the Terms, as amended.
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
If You have any questions or concerns regarding these Terms, please contact Us at: https://atsmako.com/contact/, or by mail at 3219 E. Camelback Road, Ste. 315, Phoenix, Arizona 85018.