Terms of Service

Zerva is an applicant tracking platform operated by Divinify LLC, a Georgia limited liability company ("Divinify," "we," "us"). These Terms of Service ("Terms") govern your access to and use of Zerva at zerva.us (the "Service").

These Terms incorporate the Zerva Master Service Agreement (MSA), Privacy Policy, and Data Processing Addendum (DPA) by reference. All four documents are available at zerva.us/legal. The MSA is the primary contract for your subscription — if these Terms conflict with it, the MSA controls. Capitalized terms not defined here have the meaning given in the MSA.

By checking the acceptance box at signup or checkout, or by accessing or using the Service, you agree to these Terms and the documents they incorporate. If you are accepting on behalf of a business, you represent that you are authorized to bind it.

Zerva is a business tool offered to businesses in the United States only. It is not intended for consumers or for personal, family, or household use. Users must be at least 18 years old. This age requirement applies to the people who use the Service on your behalf — separate rules apply to job applicants whose information you process through the Service (Section 1.5).

1. Your Account

1.1 Account setup. You must provide accurate, complete, and current information when creating your account and keep it up to date. This includes the business information required for carrier messaging registration (Section 5.1 of the MSA).

1.2 Users. You may authorize employees and agents to use the Service under your account. You are responsible for everything your Users do, and for making sure they follow these Terms.

1.3 Account security. Keep your credentials confidential. Do not share logins between people — give each User their own account. Enable available security features. Tell us promptly at info@zerva.us if you suspect any unauthorized access or security issue with your account.

1.4 Your data and your applicants. Applicant information in your account belongs to you and is your responsibility. You are the controller of that data and we process it on your behalf — see the DPA and Section 3 of the MSA for what that means.

1.5 Applicants under 18. The Service does not set an age floor for job applicants, and we recognize that some of your applicants may be minors. If you collect information from an applicant under 18, you are solely responsible for: (a) complying with child labor and employment laws in your jurisdiction; (b) obtaining any parent or guardian consent required before recording, transcribing, or running AI analysis on that applicant's interview — a minor may not be able to give valid recording consent on their own in some states; and (c) meeting any heightened privacy requirements that apply to minors' personal information under applicable state law. We recommend collecting a simple age confirmation rather than a full date of birth.

1.6 United States only. The Service is offered for use in the United States and for recruiting applicants located in the United States. Do not use it to collect or process information about individuals outside the United States — see MSA Section 4(e).

2. Acceptable Use

You agree not to use the Service to do any of the following, and not to let anyone else use it that way.

2.1 Messaging and calling. You will not:

• send messages or place calls to anyone who has not given you the consent required by law;
• ignore, delay, or work around opt-out requests — you must remove a recipient within 24 hours of a STOP, UNSUBSCRIBE, or similar request, and honoring it sooner is better;
• send messages outside applicable quiet hours;
• send unsolicited bulk messages, spam, or messages to purchased, borrowed, rented, or scraped contact lists;
• collect a phone number for one purpose (such as verifying an application) and then message that person for an unrelated purpose;
• send more than 10 messages to a recipient in any 24-hour period, unless that recipient is in an active two-way conversation with you or has expressly opted in to frequent messages;
• misrepresent who you are, spoof numbers, or use a message body or phone number in a way that leads a recipient to think you are a different person or business;
• send messages on behalf of a business other than your own, or route another office's traffic through your registered campaign — each business must be registered separately;
• use public URL shorteners such as bit.ly or tinyurl; use a branded domain instead, and make sure any link you send is live, accessible without a login, and consistent with your registered use case;
• use the Service for content categories carriers and providers prohibit, including: cannabis, CBD, and hemp-derived products (regardless of state legalization); tobacco, vape, and e-cigarette products; firearms and weapons; illegal substances; gambling; adult or sexual content; hate speech; cryptocurrency-related content; high-risk financial offers (payday and short-term high-interest lending, debt collection, debt relief, credit repair); deceptive get-rich-quick or income-claim recruitment pitches; phishing or fraudulent content; or
• take any action that causes carriers or providers to filter, block, or penalize traffic on the platform.

Alcohol-related content is conditionally restricted rather than flatly prohibited, and requires appropriate age verification and compliance controls — ask us before sending it.

⚠️ Carrier and provider rules change frequently. If a carrier, our messaging provider, or the CTIA prohibits a category or practice, that prohibition applies to your use of the Service whether or not it is listed above. The current acceptable use policies of our messaging provider are available at zerva.us/legal.

2.2 Recording and interviews. You will not record or transcribe any session without the disclosures and consents required by the laws that apply to every participant — including all-party-consent states. See Section 6 of the MSA.

2.3 Hiring and AI. You will not use AI Features as the sole basis for any employment decision, and you will not use the Service in any way that violates employment, anti-discrimination, or automated-employment-decision laws. See Section 7 of the MSA.

2.4 Platform integrity. You will not:

• scrape, crawl, or bulk-extract data from the Service (exporting your own Customer Data through provided tools is fine);
• reverse engineer, decompile, or try to derive source code;
• copy, modify, or create derivative works of the Service;
• resell, sublicense, or run the Service as a service bureau for others;
• use the Service to build or train a competing product or AI model;
• probe, scan, or test the security of the Service without our prior written permission;
• interfere with or overload the Service, or bypass rate limits, access controls, or usage restrictions;
• upload malware, or use the Service to distribute harmful code; or
• access the Service through automated means other than our documented APIs.

2.5 Content and conduct. You will not upload, store, or transmit content that is unlawful, defamatory, harassing, fraudulent, or that infringes anyone's intellectual property or privacy rights, or that you do not have the right to submit.

2.6 Legal compliance. You will use the Service in compliance with all laws that apply to you, your Users, and your Applicants — including employment, telemarketing, privacy, recording, and data protection laws.

3. Reporting Problems

If you believe someone is misusing the Service, or you discover a security vulnerability, contact us at info@zerva.us. Please give us a reasonable opportunity to investigate and respond before disclosing a vulnerability publicly. We appreciate good-faith security research and will not pursue action against researchers who report responsibly, act in good faith, and avoid accessing other customers' data.

4. Enforcement

If we believe you have violated these Terms, we may — depending on the situation — contact you, restrict or suspend affected features, suspend your account, or terminate it. Section 9 of the MSA governs suspension and termination, including the notice we provide.

For issues that create immediate legal, security, or carrier-compliance risk, we may act first and notify you afterward. We aim to keep any action as narrow as the circumstances allow.

5. Availability and Changes to the Service

We work to keep the Service running well, and we improve it continuously. Features may be added, changed, or removed over time. We do not offer an SLA, uptime guarantee, or service credits — see Section 12 of the MSA for how we handle support and availability, and Section 19 of the MSA for your rights if a change materially reduces the Service.

Features labeled beta, preview, or early access are provided as is and may change or be withdrawn at any time (MSA Section 2.4).

6. Our Rights

Divinify owns the Service and everything in it — software, code, design, and content — other than your Customer Data and configurations. These Terms grant you no ownership. See Section 13 of the MSA.

"Zerva" and "Divinify" and our logos are our trademarks. Don't use them without our written permission, except to accurately refer to the Service.

7. Fees

Subscription and usage fees, billing, price changes, refunds, and chargebacks are governed by Section 8 of the MSA.

8. Privacy

How we handle data is described in our Privacy Policy and, for applicant data we process on your behalf, in the DPA. Both are at zerva.us/legal.

Applicants: if you applied to a job and have questions about your information, contact the hiring office you applied to. They control that data — we process it for them.

9. Third-Party Services

The Service relies on third-party providers (communications, AI, recording, storage, billing, and others listed in the DPA), and may connect to services you choose, such as your video conferencing platform. Your use of those services is governed by their own terms, and you agree to comply with the third-party acceptable use policies we make available at zerva.us/legal (MSA Section 7.5). We are not responsible for third-party services we do not control.

10. Disclaimers and Liability

The Service is provided "as is." Disclaimers, indemnification, and limitations of liability are set out in Sections 15, 16, and 17 of the MSA and apply fully to these Terms.

11. Governing Law and Disputes

Georgia law governs, and disputes are resolved as described in Section 18 of the MSA, including the venue and class-action waiver.

12. Changes to These Terms

We may update these Terms. For material changes, we will give at least 30 days' notice by email or in the Service, and the updated version gets a new version number and effective date. Continued use after the effective date means you accept the updated Terms. If you don't agree, you may cancel under Section 9 of the MSA.

13. General

• Notices to us: info@zerva.us. Notices to you: your account email.
• Entire agreement: these Terms, together with the MSA, Privacy Policy, and DPA, are the entire agreement about the Service.
• Severability: if any provision is unenforceable, the rest remains in effect.
• No waiver: not enforcing a provision isn't a waiver of it.
• Assignment: as provided in Section 19 of the MSA.

Questions about these Terms? Email info@zerva.us.