Terms of Use

Top Applicant LLC
4201 Greystone Drive, St. Joseph, MO 64505

Effective Date: August 24, 2026
Last Updated: August 24, 2026

PLEASE READ CAREFULLY. These Terms of Use contain a binding arbitration agreement and a class action waiver in Section 21. By using Top Applicant, you agree to resolve disputes with us through individual arbitration in Missouri rather than in court, and you waive your right to a jury trial and to participate in a class action. You have 30 days from first accepting these Terms to opt out of arbitration, as described in Section 21.7.

These Terms also limit our liability to you (Section 19) and require you to indemnify us in certain circumstances (Section 20).

1. Agreement to these Terms

These Terms of Use (the “Terms”) are a legal agreement between you and Top Applicant LLC, a Missouri limited liability company (“Top Applicant,” “we,” “us,” or “our”), governing your access to and use of:

the website at com and any subdomains;
the Top Applicant mobile applications for iOS and Android (each, the “App”); and
all related features, content, tools, and services

(collectively, the “Services”).

By creating an account, accessing, or using the Services, you agree to these Terms and to our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Services.

If you are using the Services on behalf of a company, organization, or other entity, you represent that you have authority to bind that entity, and “you” refers to both you and that entity.

2. Eligibility

To use the Services, you must:

be at least 18 years of age;
be located in and using the Services from the United States;
have the legal capacity to enter into a binding contract;
not be barred from using the Services under applicable law; and
not have previously had an account terminated by us for violation of these Terms, unless we expressly authorize a new account.

The Services are not offered to individuals located outside the United States. We do not represent that the Services are appropriate or available for use outside the United States.

Employer users additionally represent that they are authorized to act on behalf of the organization identified in their account and to post the job opportunities they submit.

3. What Top Applicant is, and what it is not

Top Applicant operates a platform that helps job applicants (“Applicants”) and employers (“Employers”) find one another. Please understand the following clearly:

We are not an employer. We do not employ Applicants, do not make hiring decisions, and are not a party to any employment relationship, offer, contract, or negotiation between an Applicant and an Employer.
We are not a recruiter, staffing agency, or career counselor, and we do not represent Applicants to Employers or Employers to Applicants.
We are not a consumer reporting agency as defined by the Fair Credit Reporting Act (“FCRA”), and the Services are not a consumer report or investigative consumer report. We do not conduct or provide background checks, credit checks, criminal history checks, reference checks, or drug screening. You may not use the Services, or any information obtained through them, for any purpose regulated by the FCRA, including determining eligibility for credit, insurance, housing, or employment in a manner that would make the Services a consumer report.
We do not guarantee outcomes. We do not guarantee that any Applicant will receive an interview, offer, or job, or that any Employer will find a suitable candidate, receive applications, or fill any position.
We do not verify user-submitted content. We do not routinely verify the accuracy of profiles, résumés, credentials, work history, job postings, compensation figures, company identities, or any other information users provide. You are responsible for exercising your own judgment and diligence.

4. Your account

Creating an account. You must provide accurate, current, and complete information when registering and keep it updated. You may not create an account for anyone other than yourself, impersonate any person or entity, or misrepresent your affiliation with any person or entity.

Account security. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Use a strong, unique password. Notify us immediately at [Insert support email] if you suspect unauthorized access.

One account per person. You may maintain only one Applicant account. Employer organizations may have multiple authorized users, subject to your plan.

No transfer. You may not sell, transfer, lease, or assign your account or any account rights to another person.

5. Terms for Applicants

Your profile. You choose what to include in your profile and whether to make it visible to Employers. You may adjust visibility at any time in your settings. You are responsible for the accuracy of everything you submit, including your work history, education, skills, credentials, and salary expectations. Misrepresenting your qualifications may result in termination of your account.

What Employers can see. When you apply to a job, or when your profile visibility is enabled, Employers can view your profile information, your answers to their application questions, and your résumé if you have uploaded one. Employers can download your résumé file. Once an Employer has your information, it is in their possession and subject to their own practices — we cannot retrieve or delete it. This is explained further in our Privacy Policy.

Sensitive information. Employers may create their own free-form application questions. Do not include information you would not want an Employer to have, such as Social Security or government ID numbers, financial account numbers, health or medical information, or information about your race, ethnicity, religion, disability, or other protected characteristics. Top Applicant does not request this information.

Applying to jobs. You are responsible for reviewing job postings and for any communications you have with Employers. Any interview, offer, negotiation, or employment relationship is solely between you and the Employer.

Scam awareness. Although we work to detect and remove fraudulent postings, we cannot guarantee that every posting is legitimate. Never send money, provide financial account or Social Security numbers, purchase equipment, or accept a payment-forwarding arrangement in connection with a job opportunity found through the Services. Report suspicious postings to [Insert support email] immediately.

6. Terms for Employers

By using the Services as an Employer, you agree to the following. These obligations are material to this agreement.

6.1 Legitimate use only. You may use the Services and any Applicant information obtained through them solely for legitimate recruiting, evaluation, and hiring purposes in connection with a genuine job opportunity. You may not use Applicant information to market or sell products or services, build or supplement a separate database or product, conduct research unrelated to a specific opening, or for any FCRA-regulated purpose.

6.2 Job postings must be genuine. Every posting must describe a real, currently available position with your organization or a client you are authorized to recruit for, and must accurately state the role, location, work arrangement, compensation or compensation range, and requirements. You may not post:

fake, expired, speculative, or “pipeline-building” listings without disclosing them as such;
multi-level marketing, commission-only “business opportunity,” franchise, investment, or pay-to-work arrangements presented as employment;
positions requiring the Applicant to pay any fee, purchase anything, or provide financial account information;
listings on behalf of a third party without disclosing that relationship; or
listings that are misleading about the identity of the hiring organization.

6.3 Compliance with employment law. You are solely responsible for compliance with all laws applicable to you as an employer, including federal, state, and local equal employment opportunity, anti-discrimination, wage transparency, pay disclosure, fair chance and ban-the-box, and applicant privacy laws. You may not use the Services to discriminate on the basis of any characteristic protected by law, or to screen or filter candidates in a manner that has an unlawful discriminatory effect.

6.4 Automated tools and AI notices. If you use compatibility results, matching, ranking, or any other automated feature of the Services in connection with an employment decision, you are the deployer of that tool and are responsible for your own compliance obligations, which may include:

New York City Local Law 144, requiring an annual bias audit, public posting of the audit summary, and notice to candidates at least 10 business days before use of an automated employment decision tool;
Illinois requirements to notify applicants and employees when artificial intelligence is used in connection with covered employment decisions, and the prohibition on using ZIP codes as a proxy for a protected class;
Colorado and other state requirements regarding automated systems used in consequential decisions; and
any successor or additional laws applicable to your jurisdictions.

Information about our matching functionality, including its inputs and limitations, is available in our Privacy Policy and AI and Automated Decision-Making Notice to help you meet these obligations. We do not provide legal advice, and providing this information does not transfer your compliance obligations to us.

6.5 Handling of Applicant data. You will: (a) keep Applicant information confidential and secure; (b) limit internal access to those with a need to know for the relevant opening; (c) not disclose Applicant information to third parties except to service providers bound by comparable obligations, or as required by law; (d) retain it only as long as necessary for the recruiting purpose and applicable recordkeeping laws; (e) delete it on an Applicant’s reasonable request, subject to your legal obligations; and (f) comply with applicable privacy laws in your own right with respect to information you obtain.

6.6 No bulk extraction. You may not scrape, crawl, harvest, bulk-download, or systematically copy Applicant profiles or platform data, or use any automated means to access the Services, except through interfaces we expressly provide. We do not currently offer applicant tracking system integrations or bulk data export.

6.7 Communications with Applicants. Messages you send through the Services must relate to a genuine opportunity and must comply with applicable law, including anti-spam and telemarketing laws. Do not use the Services to send unsolicited commercial messages.

6.8 Accountability. You are responsible for the acts and omissions of every authorized user on your account.

7. Assessments

We may make assessments available within the Services, including the Bruder Index.

Assessments are provided as one input among many for informational purposes. They are not a measure of your worth, intelligence, or ability, and they are not a substitute for an Employer’s independent evaluation.
We make no representation that any assessment is validated for any particular role, jurisdiction, or purpose.
Employers who use assessment results in employment decisions are solely responsible for ensuring that their use is job-related, consistent with business necessity, and compliant with applicable anti-discrimination and disability law, including providing reasonable accommodations.
Applicants who need a reasonable accommodation to complete an assessment may contact us at support@topapplicant.com and should also contact the Employer directly.

8. Compatibility results and matching

The Services generate compatibility and matching results to suggest potentially relevant jobs and candidates.

Compatibility results are suggestions and rankings, not evaluations, endorsements, recommendations, or predictions of job performance or hiring outcomes.
They are generated from information you and the Employer provide. Their usefulness depends on the accuracy and completeness of that information.
All hiring decisions are made by Employers exercising human judgment. Top Applicant does not make, and does not participate in making, employment decisions.
A low compatibility result does not prevent an Applicant from applying to any posted job.
We may change, improve, or discontinue how compatibility results are generated at any time.

Further detail is in Section 8 of our Privacy Policy.

9. Subscriptions, sponsored boosts, and billing

9.1 Free and paid accounts. Basic accounts are available at no cost. Paid subscriptions and sponsored boosts provide additional features, such as increased exposure for profiles or job postings. Current features and pricing are shown on the applicable pricing or checkout page, which is incorporated into these Terms.

9.2 Where purchases are made. Paid features are purchased through the web interface at topapplicant.com. We do not currently offer in-app purchases through the Apple App Store or Google Play. Nothing you purchase from us is a transaction with Apple or Google.

9.3 Payment processing. Payments are processed by Stripe, Inc. You authorize us and Stripe to charge your designated payment method for all amounts due, including applicable taxes. You represent that you are authorized to use the payment method you provide. Your use of Stripe is subject to Stripe’s own terms, and we do not store your full payment card details. See our Privacy Policy for how billing information is handled.

9.4 Automatic renewal — please read.

Subscriptions automatically renew. Unless you cancel before the end of the then-current term, your subscription will automatically renew for successive periods of the same length, and your payment method will be charged the then-current rate for the renewal term without further action by you.

The length of your term, the renewal period, and the amount to be charged are disclosed at checkout before you provide or confirm billing information, and again in the confirmation we send you.
We will obtain your express affirmative consent to these automatic renewal terms at checkout, separately from your agreement to these Terms.
For annual subscriptions, we will send you a reminder before each renewal disclosing the service, the amount and frequency of charges, and how to cancel.
If we change your subscription fee, we will notify you at least 7 and no more than 30 days before the change takes effect, along with instructions for cancelling. Continued use after the effective date constitutes acceptance of the new fee.

9.5 Cancellation — how to cancel.

You may cancel your subscription at any time, online, in your account billing settings. Cancellation is available through the same medium in which you purchased, with no requirement to call, email, or chat with anyone. If we present a retention or discount offer during cancellation, a clearly labeled option to complete the cancellation immediately will be displayed alongside it.

Cancellation takes effect at the end of the current paid term. You retain access to paid features until then.
Cancel before you delete your account. If you delete your account with an active paid subscription, cancel the subscription first or follow the prompt in the deletion flow.

9.6 Refunds. Except as required by law or expressly stated at the point of purchase:

Fees are non-refundable, and we do not provide refunds or credits for partial periods, unused time, or features you did not use.
Sponsored boosts are non-refundable once the boost has begun running. We do not guarantee any particular level of impressions, views, applications, or results from a boost.
If we terminate your account for violation of these Terms, no refund is due.
We may, at our sole discretion, issue a refund or credit in individual cases. Doing so does not obligate us to do so in the future.

9.7 Taxes. Prices exclude applicable sales, use, and similar taxes unless stated otherwise. You are responsible for all such taxes other than taxes on our net income.

9.8 Failed payments. If a charge fails, we may retry it, suspend access to paid features, and, after reasonable notice, downgrade or terminate the account. You remain responsible for amounts owed.

9.9 Chargebacks. If you dispute a charge with your card issuer without first contacting us, we may suspend your account pending resolution. Please contact [Insert billing email] first — most issues are resolved quickly.

9.10 Price and feature changes. We may change pricing and the features included in any plan. Changes to the fee for an existing subscription are subject to the notice requirements in Section 9.4.

10. Your content

10.1 What is Your Content. “Your Content” means everything you submit to or through the Services, including profile information, résumés, photos, job postings, application answers, messages, reviews, and feedback.

10.2 You own it. You retain all ownership rights in Your Content. These Terms do not transfer ownership to us.

10.3 License you grant us. You grant Top Applicant a non-exclusive, worldwide, royalty-free, sublicensable (to our service providers) license to host, store, reproduce, modify (for formatting and display), create derivative works of (such as extracting structured data from a résumé), publish, transmit, and display Your Content solely to operate, provide, secure, and improve the Services as described in these Terms and our Privacy Policy.

This license exists so we can do things like show your profile to Employers you apply to, display your job postings, parse your résumé to populate your profile, generate compatibility results, and back up your data. It does not permit us to sell Your Content, license it to third parties for their own purposes, or use it in advertising without your permission.

10.4 De-identified and aggregated data. We may create aggregated or de-identified information derived from Your Content and use it for any lawful purpose, including analytics, research, and publishing labor market insights. Such information will not identify you.

10.5 AI training. We do not use Your Content to train artificial intelligence or machine learning models offered to third parties. We may use Your Content to develop, test, and improve the matching and compatibility functionality within the Services.

10.6 Duration. This license ends when you delete Your Content or your account, except that: (a) it survives to the extent needed for backups, legal compliance, and dispute resolution as described in our Privacy Policy; and (b) it does not affect content already delivered to Employers, including downloaded résumés and submitted applications.

10.7 Your representations. You represent and warrant that you own or have all necessary rights to Your Content, that it is accurate and not misleading, and that it does not infringe any third party’s rights or violate any law or contractual obligation (including any non-disclosure or non-solicitation agreement).

10.8 Our discretion. We have no obligation to monitor Your Content, but we may review, screen, edit, refuse, remove, or restrict access to any content at any time, with or without notice, for any reason, including suspected violation of these Terms. We are not responsible for content posted by users.

10.9 Feedback. If you send us suggestions or feedback about the Services, you grant us an unrestricted, perpetual, royalty-free right to use it without obligation or compensation to you.

11. Acceptable use

You may not, and may not permit anyone else to:

Misuse the platform

Violate any applicable law, regulation, or third-party right
Post false, misleading, fraudulent, or deceptive content, including fake job postings or misrepresented credentials
Impersonate any person or entity, or misrepresent your identity or affiliation
Use the Services for any purpose regulated by the FCRA
Use Applicant information for anything other than legitimate recruiting, or Employer information for anything other than seeking employment

Harm other users

Harass, threaten, defame, stalk, or intimidate any person
Post content that is discriminatory, hateful, obscene, sexually explicit, violent, or otherwise objectionable
Solicit money, financial account information, or personal identification documents from other users
Send unsolicited commercial messages, spam, chain letters, or pyramid or MLM schemes
Recruit users to competing platforms or off-platform for purposes unrelated to a genuine opportunity

Attack or exploit the Services

Scrape, crawl, harvest, index, mirror, or bulk-collect any data from the Services by automated or manual means
Use bots, scripts, headless browsers, or other automated tools to access, create accounts on, or interact with the Services
Circumvent, disable, or interfere with security, authentication, rate-limiting, or access-control features
Probe, scan, or test the vulnerability of the Services, or breach any security or authentication measure, except under a written authorization from us
Reverse engineer, decompile, or disassemble any part of the Services, except to the extent this restriction is prohibited by law
Introduce viruses, malware, or any harmful code
Impose an unreasonable load on our infrastructure, or interfere with the proper working of the Services
Access the Services to build a competing product, or to benchmark or copy their features
Frame, mirror, or resell any part of the Services
Remove or obscure any proprietary notices

Circumvent our terms

Create an account after termination without our authorization
Share, sell, or transfer account access
Use a paid feature in a way that exceeds the scope of your plan

We may investigate suspected violations and cooperate with law enforcement. Violations may result in content removal, account suspension or termination, and legal action.

12. Reporting problems

Report fake job postings, harassment, security vulnerabilities, or other violations to [Insert support email]. Please include enough detail for us to investigate. We appreciate reports but do not commit to any particular response, and we may act or decline to act at our discretion.

13. Our intellectual property

The Services, including all software, design, text, graphics, logos, interfaces, and the compilation and arrangement of content — but excluding Your Content and third-party content — are owned by Top Applicant or our licensors and are protected by copyright, trademark, trade secret, and other laws.

“Top Applicant,” the Top Applicant logo, “Bruder Index,” and our other marks are our trademarks. You may not use them without our prior written permission.

Limited license to you. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal job-seeking purposes or your organization’s internal recruiting purposes. All rights not expressly granted are reserved.

14. Copyright complaints (DMCA)

If you believe content on the Services infringes your copyright, send a notice to our designated agent containing: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement that you have a good-faith belief the use is unauthorized; and (f) a statement, under penalty of perjury, that the information is accurate and you are authorized to act.

DMCA Agent
Top Applicant LLC — DMCA Agent
4201 Greystone Drive, St. Joseph, MO 64505
Email: dmca@topapplicant.com

We will respond as required by the Digital Millennium Copyright Act, and may remove content and terminate repeat infringers’ accounts. If you believe your content was removed in error, you may submit a counter-notice.

15. Third-party content and services

The Services contain links to and integrations with third-party websites and services, including Employer websites and Stripe. We do not control and are not responsible for third-party content, products, services, or practices. Your dealings with any third party are solely between you and that third party. Our inclusion of a link or integration is not an endorsement.

16. Mobile application terms

16.1 License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use one copy of the App on a device you own or control, for your personal or internal business use. You may not distribute, sublicense, or make the App available over a network where it could be used by multiple devices at once.

16.2 App store terms. Your use of the App is also subject to the terms of the app store from which you obtained it. You represent that you are not located in a country embargoed by the U.S. government or designated as supporting terrorism, and that you are not on any U.S. government list of prohibited or restricted parties.

16.3 Updates. We may issue updates, and your device may download and install them automatically. Some updates may be required for continued use of the App.

16.4 Data and device charges. You are responsible for any mobile data, carrier, or device charges arising from your use of the App.

16.5 Additional terms applicable to Apple App Store users. The following applies if you obtained the App from the Apple App Store. In the event of any conflict, this Section 16.5 controls as to Apple:

These Terms are between you and Top Applicant only, not Apple. Apple is not responsible for the App or its content.
Scope of license. Your license to the App is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
Maintenance and support. Top Applicant, not Apple, is solely responsible for providing maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services.
To the maximum extent permitted by law, Apple has no warranty obligation with respect to the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the App to you (if any). Apple has no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are Top Applicant’s sole responsibility.
Product claims. Top Applicant, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your use of it, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
Intellectual property claims. In the event of any third-party claim that the App or your use of it infringes intellectual property rights, Top Applicant, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
Third-party beneficiary. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the App, and that Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Questions, complaints, or claims regarding the App should be directed to Top Applicant at [Insert support email].

17. Suspension and termination

17.1 By you. You may stop using the Services at any time and may delete your account under Settings → Profile, on the web or in the App. Cancel any active paid subscription first, as described in Section 9.5.

17.2 By us. We may suspend or terminate your access to the Services, or remove your content, at any time, with or without notice, if we reasonably believe you have violated these Terms, if your account creates legal risk or harm to us or other users, if required by law, or if we discontinue the Services. Where practical and lawful, we will provide notice and an opportunity to cure.

17.3 Effect of termination. On termination, your license to use the Services ends immediately, and your profile and postings will be removed from public visibility. Data handling after termination is described in our Privacy Policy. Information already delivered to Employers, including submitted applications and downloaded résumés, cannot be retrieved.

17.4 Survival. Sections 3, 6.5, 9.6, 10.3–10.6, 10.9, 13, 18, 19, 20, 21, 22, and 23 survive termination, along with any other provision that by its nature should survive.

18. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. To the fullest extent permitted by law, Top Applicant disclaims all warranties, express, implied, and statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that:

the Services will be uninterrupted, timely, secure, or error-free;
defects will be corrected;
the Services or any content will be accurate, complete, reliable, or current;
job postings are genuine, available, or accurately described;
Applicant profiles, résumés, credentials, or qualifications are accurate or truthful;
any Applicant will obtain an interview, offer, or employment, or that any Employer will fill any position;
compatibility results will identify the best candidate or opportunity for you; or
any assessment is valid or predictive for any particular purpose.

You are solely responsible for your decisions about whom to hire, whom to apply to, what information to share, and what agreements to enter into.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

19. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

19.1 Top Applicant and its members, managers, officers, employees, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, employment opportunity, goodwill, or data, arising out of or relating to these Terms or the Services, regardless of the theory of liability and even if we have been advised of the possibility of such damages.

19.2 Top Applicant will not be liable for: (a) the conduct, content, or omissions of any user, Applicant, or Employer, whether on or off the Services; (b) any hiring, employment, compensation, or termination decision; (c) any loss arising from a fraudulent job posting or scam, or from information you chose to disclose to another user; (d) unauthorized access to or alteration of your data, except to the extent caused by our failure to use reasonable care; or (e) any third-party service, including Stripe or app store operators.

19.3 Cap. Our total aggregate liability for all claims arising out of or relating to these Terms or the Services will not exceed the greater of (a) the total amount you paid us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).

19.4 These limitations apply even if a remedy fails of its essential purpose, and they reflect an allocation of risk that is a fundamental element of the bargain between us. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

20. Indemnification

You agree to defend, indemnify, and hold harmless Top Applicant and its members, managers, officers, employees, and agents from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

your use of the Services;
Your Content;
your breach of these Terms or of any representation you make in them;
your violation of any law or of any third party’s rights;
for Employers: your employment and recruiting practices, your use of Applicant information, your job postings, your use of automated tools or assessments in employment decisions, and your compliance obligations under Section 6; and
any dispute between you and another user.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate with our defense.

21. Dispute resolution and binding arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

21.1 Informal resolution first. Before initiating arbitration, you agree to first send a written Notice of Dispute to privacy@topapplicant.com and to the mailing address in Section 24, describing the nature of the claim, the specific facts, and the relief sought. We will do the same for any claim we have against you. The parties will attempt in good faith to resolve the dispute for 60 days after the notice is received. This step is a condition precedent to arbitration, and the applicable limitations period is tolled during it.

21.2 Agreement to arbitrate. If the dispute is not resolved, you and Top Applicant agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Services — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after termination — will be resolved exclusively by final and binding individual arbitration, and not in court.

21.3 Exceptions. This Section does not apply to: (a) claims that qualify for small claims court, which either party may bring individually; (b) claims for injunctive or other equitable relief to prevent actual or threatened infringement or misappropriation of intellectual property or unauthorized access to the Services, which may be brought in court; or (c) any claim that applicable law does not permit to be arbitrated.

21.4 Rules and forum. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (for individual users) or Commercial Arbitration Rules (for Employer entities), as modified by these Terms. The rules are available at adr.org. The arbitration will be conducted by a single arbitrator.

21.5 Location and format. Arbitration will be seated in Buchanan County, Missouri. Hearings may be conducted by telephone or videoconference, and either party may request that. If an in-person hearing is required and travel to Missouri would be an undue hardship for an individual consumer, the arbitrator may hold the hearing in the federal judicial district where you reside, or by remote means.

21.6 CLASS ACTION AND JURY WAIVER. YOU AND TOP APPLICANT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND TOP APPLICANT WAIVE THE RIGHT TO A TRIAL BY JURY. If this Section 21.6 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and may proceed in court, while all other claims remain in arbitration.

21.7 YOUR RIGHT TO OPT OUT OF ARBITRATION. You may reject this arbitration agreement by sending written notice to privacy@topapplicant.com with the subject line “Arbitration Opt-Out,” or by mail to the address in Section 24, within 30 days after you first accept these Terms. Your notice must include your name, the email address on your account, and a clear statement that you decline arbitration. Opting out affects only the arbitration agreement — the rest of these Terms, including the jury waiver in Section 21.6 to the extent permitted by law and the governing law and venue provisions in Section 22, continue to apply. Opting out will not affect your access to the Services or how we treat you in any way.

21.8 Fees. Payment of filing, administrative, and arbitrator fees will be governed by the applicable AAA rules. For individual consumer claims, if the AAA rules require you to pay a filing fee that exceeds what you would pay to file in court, we will pay the difference on request. Each party otherwise bears its own attorneys’ fees unless the arbitrator awards them under applicable law.

21.9 Arbitrator’s authority. The arbitrator has exclusive authority to resolve all disputes about the interpretation, applicability, enforceability, and scope of this arbitration agreement, except that a court decides whether Section 21.6 is enforceable. The arbitrator’s award is final and binding, may be entered as a judgment in any court of competent jurisdiction, and must include a written statement of the essential findings and conclusions on which it is based.

21.10 Mass and coordinated filings. If 25 or more similar claims are filed against us by or with the assistance of the same counsel or coordinated entity, the parties agree that the AAA’s Multiple Consumer Case Filing rules or supplementary procedures will apply, and that the claims may be batched for administrative and fee purposes.

21.11 Changes. If we materially change this Section 21 after you accept these Terms, you may reject the change by written notice within 30 days of the change taking effect, in which case the version in effect immediately before the change will govern disputes between us.

21.12 Survival. This Section 21 survives termination of these Terms and your account.

22. Governing law and venue

These Terms and any dispute between you and Top Applicant are governed by the laws of the State of Missouri, without regard to its conflict-of-laws principles, and by applicable federal law, including the Federal Arbitration Act. For any claim not subject to arbitration, you and Top Applicant consent to the exclusive jurisdiction and venue of the state and federal courts located in Buchanan County, Missouri, and waive any objection to that venue.

23. General provisions

23.1 Changes to these Terms. We may modify these Terms. When we do, we will update the “Last Updated” date. For material changes, we will provide reasonable advance notice — by email to the address on your account, an in-app notice, or a prominent notice on the website — before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree, stop using the Services and delete your account. Changes to Section 21 are governed by Section 21.11.

23.2 Entire agreement. These Terms, together with the Privacy Policy and any order or checkout terms for a paid plan, constitute the entire agreement between you and Top Applicant regarding the Services and supersede all prior agreements and understandings.

23.3 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions will remain in full force.

23.4 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later. Waivers must be in writing and signed by us.

23.5 Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

23.6 No third-party beneficiaries. Except as stated in Section 16.5 regarding Apple, there are no third-party beneficiaries to these Terms.

23.7 Relationship. Nothing in these Terms creates any partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and Top Applicant.

23.8 Force majeure. Neither party is liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor disruption, governmental action, epidemic, internet or utility failure, or third-party service outage.

23.9 Notices. We may provide notices to you by email to the address associated with your account, by in-app or in-Service notification, or by posting on the website. You are responsible for keeping your email address current. Notices to us must be sent to the addresses in Section 24.

23.10 Consent to electronic communications. You consent to receive all communications, agreements, notices, and disclosures from us electronically, and you agree that electronic delivery satisfies any legal requirement that such communications be in writing. You may withdraw this consent by closing your account, though doing so means you can no longer use the Services.

23.11 Headings and interpretation. Headings are for convenience only. “Including” means “including without limitation.”

23.12 U.S. only. The Services are controlled and operated from the United States and are intended for U.S. users only. We make no representation that the Services are appropriate or available in other locations.

24. Contact us

Top Applicant LLC
4201 Greystone Drive
St. Joseph, MO 64505
United States

Purpose	Contact
General support	support@topapplicant.com
Billing and subscriptions	billing@topapplicant.com
Privacy requests and legal notices	privacy@topapplicant.com
Copyright / DMCA	dmca@topapplicant.com
Arbitration opt-out and Notice of Dispute	privacy@topapplicant.com, or the mailing address above