Terms of Service

1. Agreement to Terms

By accessing or using the MillerSoft website and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms apply to all visitors, users, and clients who access or use the Services. If you are using the Services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

MillerSoft provides pre-employment and ongoing background screening services, including but not limited to:

• Identity verification
• Employment history verification
• Education verification
• Criminal record checks
• Reference checks
• Credit checks (where legally permitted)
• Right to work verification
• Professional license verification

3. Account Registration

To use our Services, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information remains accurate and up-to-date

We reserve the right to suspend or terminate accounts that violate these Terms or are used for fraudulent purposes.

4. Client Responsibilities

As a client using our Services, you agree to:

• Use the Services only for lawful purposes in compliance with all applicable laws
• Obtain proper consent from candidates before initiating background checks
• Provide accurate information about candidates and screening requirements
• Use screening results in compliance with employment laws (including GDPR, FCRA, and local regulations)
• Not discriminate against candidates based on protected characteristics
• Maintain confidentiality of screening reports and candidate information
• Provide adverse action notices to candidates when required by law

5. Candidate Consent and Rights

Clients must ensure that candidates have provided explicit, informed consent before initiating any background check. This consent must:

• Be freely given, specific, informed, and unambiguous
• Clearly explain the types of checks to be performed
• Inform candidates of their rights under applicable data protection laws
• Be documented and retained for compliance purposes

Candidates have the right to access, correct, and dispute information in their background check reports as required by law.

6. Data Protection and GDPR Compliance

We process personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. By using our Services:

• Clients act as Data Controllers for candidate data
• MillerSoft acts as a Data Processor processing data on behalf of clients
• We will enter into a Data Processing Agreement (DPA) with clients
• We implement appropriate technical and organizational security measures
• We will assist clients in responding to data subject requests

For more information, please see our Privacy Policy.

7. Fees and Payment

Our Services are provided on a fee basis as specified in your service agreement. You agree to:

• Pay all fees in accordance with your pricing plan or quote
• Provide accurate billing information
• Pay invoices within the specified payment terms

We reserve the right to modify our pricing with reasonable notice. Continued use of the Services after a price change constitutes acceptance of the new pricing.

8. Accuracy of Information

While we strive to provide accurate and reliable screening results, we cannot guarantee 100% accuracy due to factors outside our control, including:

• Incomplete or inaccurate source records
• Common names or identity confusion
• Delays in updating public records
• Limitations in international data sources

Clients should not rely solely on background check results when making employment decisions and should give candidates an opportunity to explain or dispute findings.

9. Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, and software, are owned by MillerSoft and are protected by intellectual property laws.

You may not copy, modify, distribute, or create derivative works based on our Services without our express written permission.

10. Limitation of Liability

To the maximum extent permitted by law, MillerSoft shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Damages resulting from your use of or inability to use the Services
• Claims by third parties arising from your use of screening results

Our total liability for any claims arising from the Services shall not exceed the fees paid by you in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless MillerSoft, its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your failure to obtain proper candidate consent
• Your misuse of screening results
• Your violation of any applicable laws

12. Termination

Either party may terminate the service relationship with written notice as specified in your service agreement. We may suspend or terminate your access immediately if:

• You violate these Terms
• You fail to pay fees when due
• We are required to do so by law
• We discontinue the Services

Upon termination, your right to use the Services ceases, but provisions regarding data protection, limitation of liability, and indemnification survive.

13. Governing Law and Disputes

These Terms are governed by the laws of [Your Jurisdiction]. Any disputes arising from these Terms or the Services shall be resolved through:

1. Good faith negotiation between the parties
2. Mediation by a mutually agreed mediator
3. Binding arbitration or litigation in the courts of [Your Jurisdiction]

14. Changes to Terms

We may modify these Terms at any time by posting the revised Terms on our website. Material changes will be communicated via email or prominent notice on the website. Your continued use of the Services after changes become effective constitutes acceptance of the new Terms.

15. Contact Information

If you have questions about these Terms, please contact us: