Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and HireFractional.ai ("Company," "we," "our," or "us"), governing your access to and use of the platform and services available at hirefractional.ai (the "Platform").

By registering an account, accessing the Platform, or using any of our services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not use the Platform.

2. Platform Description

HireFractional.ai operates a marketplace that connects growth-stage and mid-market companies ("Employers") with experienced fractional executives and specialized consultants ("Executives"). The Platform facilitates discovery, matching, and engagement of fractional C-suite professionals for part-time, project-based, or engagement-based work arrangements.

Additional services available on the Platform include, but are not limited to:

• ApexAlign™ Assessment Platform — organizational intelligence and team optimization tools
• Executive Profile Directory — searchable listings of fractional executives by role, city, and specialization
• Matching Engine — algorithmic recommendations based on role, location, industry, and engagement fit
• AI-Powered Business Tools — CFO, CHRO, CPO, and other role-specific advisory tools
• Certification Programs — professional development and accreditation for consultants

HireFractional.ai is a marketplace and technology platform. We are not an employer, staffing agency, or employment agency. We do not employ the Executives listed on the Platform. All engagements are directly between Employers and Executives.

3. User Accounts & Eligibility

3.1 Eligibility

You must be at least 18 years of age and have the legal authority to enter into a binding contract to use the Platform. By creating an account, you represent and warrant that you meet these requirements.

3.2 Account Registration

You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for safeguarding your account credentials and for all activity that occurs under your account.

3.3 Account Types

The Platform supports two primary account types:

• Employer Account — for companies seeking fractional executive talent. Employers may post briefs, search profiles, request matches, and manage engagements.
• Executive/Consultant Account — for fractional executives and consultants. Executives may create or claim profiles, manage availability, and respond to opportunities.

3.4 One Account Per User

You may not create multiple accounts or transfer your account to another person. Violation of this restriction may result in immediate account termination.

4. Employer Terms

4.1 Use of Executive Profiles

Employer access to executive profiles, matching results, and assessment outputs is provided for the sole purpose of evaluating fractional engagements through the Platform. You may not use profile information to solicit Executives outside the Platform in circumvention of these Terms (see Section 7).

4.2 Hiring Briefs & Assessment Data

Information submitted through Get Started flows, assessments, and hiring briefs is used to generate match recommendations. You represent that all information you submit is accurate and not misleading. Fabricating company information to access the Platform or manipulate matching results is prohibited.

4.3 Employer Responsibilities

Employers are responsible for:

• Conducting their own due diligence on any Executive before entering into an engagement
• Verifying that any Executive has the credentials, licenses, or certifications required for the role
• Complying with all applicable employment, contractor, and tax laws for engagements they initiate
• Treating Executives with professional respect and courtesy

4.4 No Guarantee of Results

HireFractional.ai does not guarantee that use of the Platform will result in a successful hire or that any Executive will meet your specific business needs. Match recommendations are provided as a starting point for your evaluation, not as an endorsement of any individual's qualifications.

5. Executive & Consultant Terms

5.1 Profile Accuracy

Executives who claim or create profiles on the Platform agree to provide accurate and truthful information about their professional background, credentials, experience, and availability. Misrepresentation of qualifications is grounds for immediate account termination.

5.2 Claimed Profiles

Some profiles on the Platform were compiled from publicly available professional sources prior to being claimed. When you claim your profile, you take responsibility for the accuracy of all information displayed. You have the right to update, correct, or request removal of any information.

5.3 Profile Visibility

By creating or claiming a profile, you consent to your profile being visible to Employers and users of the Platform. You may control your visibility settings, set your availability status, and opt out of the matching engine at any time through your account settings.

5.4 Independent Contractor Status

All Executives listed on the Platform are independent contractors, not employees of HireFractional.ai. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between HireFractional.ai and any Executive.

5.5 Certification Programs

Executives who participate in HireFractional.ai certification programs agree to the additional terms and code of conduct applicable to those programs. Certifications may be revoked for conduct that violates these Terms or the standards of the certification program.

6. Subscriptions & Billing

6.1 Subscription Plans

The Platform offers the following subscription tiers:

Employer Subscriptions:

Executive/Consultant Subscriptions:

6.2 Billing Cycle

Subscriptions are billed on a recurring monthly basis starting from the date of initial enrollment. Billing automatically renews at the end of each billing period unless cancelled prior to renewal.

6.3 Price Changes

We reserve the right to modify subscription pricing with at least 30 days' advance notice. Notice will be provided via email and/or a prominent in-platform notification. Continued use of a paid subscription after the effective date of a price change constitutes acceptance of the new pricing.

6.4 Free Trials

Where offered, free trials are available to new subscribers only. One free trial per person or organization. At the end of a free trial, your subscription will automatically convert to a paid plan unless cancelled before the trial expires.

6.5 Taxes

Subscription prices are exclusive of applicable taxes. Where required by law, applicable sales, use, or value-added taxes will be added to your invoice.

7. Non-Circumvention

7.1 Scope of Non-Circumvention

For a period of twenty-four (24) months following any introduction made through the Platform ("Platform Introduction"), you agree not to directly or indirectly engage, hire, contract, or otherwise establish a working relationship with any party introduced through the Platform — outside of and without conducting that relationship through the Platform.

A "Platform Introduction" occurs when:

• An Employer views an Executive's profile as a result of Platform matching or browsing
• An Employer receives contact information, a profile link, or a recommendation for an Executive through the Platform
• An Executive is introduced to an Employer opportunity through the Platform's systems
• A booking, session, or paid engagement is initiated through the Platform

7.2 Prohibited Circumvention Actions

Following a Platform Introduction, the following actions are prohibited without conducting the engagement through the Platform:

• Directly contracting with or employing an Executive discovered through the Platform
• Paying an Executive directly for services that were initiated through a Platform connection
• Soliciting an Executive via personal communication channels (email, LinkedIn, phone) with the intent to establish a paid working relationship outside the Platform
• Facilitating or assisting a third party in circumventing this restriction

7.3 Circumvention Fee

If a circumvention violation is established, the violating party agrees to pay a circumvention fee equal to the greater of: (a) 15% of the total estimated annual value of the engagement, or (b) $10,000, in addition to any other remedies available at law or equity.

7.4 Exceptions

This non-circumvention clause does not apply to:

• Executives or Employers who had a pre-existing documented relationship prior to their Platform Introduction (documentation must be available upon request)
• Public engagements that are unrelated to the specific introduction made through the Platform

8. Payments & Refunds

8.1 Payment Processing

All payments on the Platform are processed through Stripe, a third-party payment processor. By making a payment, you also agree to Stripe's Terms of Service. HireFractional.ai does not store credit card numbers or other sensitive payment instrument data.

8.2 Subscription Refunds

Subscription fees are generally non-refundable. If you cancel a subscription, you will retain access to paid features until the end of your current billing period. No partial-month refunds are provided.

Exception: If you experience a technical failure that prevents you from accessing Platform features for more than 72 consecutive hours, and the failure is attributable to our systems, you may request a pro-rated credit for the affected period. Credit requests must be submitted within 30 days of the incident.

8.3 Session and Booking Fees

For any paid session bookings or one-time service fees conducted through the Platform:

• Cancellations made 48 or more hours before a scheduled session may receive a full refund
• Cancellations made less than 48 hours before a session are non-refundable
• No-shows (failure to attend a scheduled session without prior cancellation) are non-refundable

8.4 Disputes

All billing disputes must be submitted in writing to hello@hirefractional.ai within 60 days of the disputed charge. Disputes submitted after 60 days may not be eligible for review.

8.5 Failed Payments

If a payment fails, we will attempt to retry the charge. If payment cannot be collected within 7 days, your account may be downgraded or suspended until payment is resolved.

9. Intellectual Property

9.1 HireFractional.ai Ownership

All content, technology, design, algorithms, and materials on the Platform — including but not limited to the HireFractional.ai brand, trade dress, matching technology, and assessment systems — are the exclusive intellectual property of HireFractional.ai and are protected by copyright, trademark, and other applicable laws.

9.2 ApexAlign™ and Branded Assessment Terms

ApexAlign™ and all associated branded assessment methodology names, frameworks, scoring systems, and terminology are proprietary trademarks and intellectual property of HireFractional.ai. You may not reproduce, resell, license, or create derivative works from ApexAlign™ materials without express written authorization.

This includes all branded components of the ApexAlign™ platform: organizational intelligence frameworks, assessment instruments, output reports, certification curricula, and all associated visual and textual materials.

9.3 User Content License

By submitting content to the Platform (profile information, bios, assessments, briefs), you grant HireFractional.ai a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute that content solely for the purpose of operating and improving the Platform. You retain ownership of your content.

9.4 Restrictions

You may not:

• Scrape, crawl, or systematically collect Platform content or executive profile data
• Reverse engineer or attempt to extract the Platform's algorithms or matching logic
• Use HireFractional.ai branding or trademarks without written permission
• Reproduce or redistribute assessment outputs, reports, or certification materials for commercial purposes

10. Data Usage Consent

By using the Platform, you consent to the collection, storage, and processing of your data as described in our Privacy Policy. Key consent points include:

• Profile data — information you provide for your profile or account is used to facilitate matching and improve the Platform
• Assessment data — responses to assessment flows and organizational tools are used to generate recommendations and improve matching quality
• Usage analytics — anonymized usage data helps us improve the Platform; no personally identifiable data is shared with third-party advertisers
• Communications — by creating an account, you consent to receive transactional emails, match notifications, and platform updates. You may unsubscribe from non-transactional communications at any time
• Profile visibility — Executive profiles are visible to Employer subscribers. You may manage your visibility settings at any time

For full details on data collection, use, and your rights, see our Privacy Policy →

11. Prohibited Conduct

When using the Platform, you agree not to:

• Provide false, misleading, or fraudulent information in your account, profile, or Platform interactions
• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation
• Harass, threaten, or engage in abusive conduct toward other users
• Attempt to gain unauthorized access to the Platform, other user accounts, or our systems
• Introduce viruses, malware, or other malicious code into the Platform
• Use automated means to access the Platform without our express written consent
• Spam or send unsolicited communications to other users
• Interfere with or disrupt the integrity or performance of the Platform
• Circumvent any access controls or usage limitations of the Platform
• Use the Platform to recruit for competing marketplace services
• Post or transmit content that is defamatory, obscene, or infringes the rights of any third party

12. Account Termination

12.1 Termination by You

You may cancel your subscription and close your account at any time through your account settings or by contacting us at hello@hirefractional.ai. Cancellation takes effect at the end of your current billing period. Closing your account does not entitle you to a refund of any prepaid fees.

12.2 Termination by Us

We reserve the right to suspend or terminate your account, with or without notice, if we reasonably believe you have:

• Violated these Terms or our policies
• Engaged in fraudulent, abusive, or harmful conduct
• Failed to pay fees when due
• Provided materially false information in your account or profile

12.3 Effect of Termination

Upon termination: (a) your license to use the Platform immediately ceases; (b) you must stop using all Platform materials; (c) we may delete your account data in accordance with our Privacy Policy; (d) provisions of these Terms that by their nature should survive termination (including non-circumvention, limitation of liability, and dispute resolution) will survive.

13. Disclaimers & Warranties

To the fullest extent permitted by law, HireFractional.ai disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components
• Any warranty regarding the accuracy, reliability, or completeness of any Executive profiles, match recommendations, or assessment outputs
• Any warranty that engagements facilitated through the Platform will meet your business needs or expectations

HireFractional.ai does not verify, endorse, or guarantee the identity, credentials, or performance of any Executive listed on the Platform. All hiring decisions are solely the responsibility of the Employer.

14. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will HireFractional.ai, its officers, directors, employees, affiliates, or agents be liable for any:

• Indirect, incidental, special, exemplary, punitive, or consequential damages
• Loss of profits, revenue, data, business opportunity, or goodwill
• Costs of substitute services
• Damages arising from your reliance on any Executive profile, match recommendation, or assessment output
• Damages resulting from any engagement or dispute between an Employer and an Executive

arising out of or in connection with these Terms or the Platform, even if HireFractional.ai has been advised of the possibility of such damages.

In jurisdictions that do not allow the exclusion of certain damages, our liability is limited to the fullest extent permitted by law. In all other cases, HireFractional.ai's total aggregate liability to you for any claims arising under these Terms shall not exceed the greater of: (a) the amount you paid to HireFractional.ai in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100.00).

15. Indemnification

You agree to defend, indemnify, and hold harmless HireFractional.ai and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any engagement or dispute between you and another Platform user
• Any content you submit to the Platform that infringes a third party's intellectual property or other rights

16. Dispute Resolution

16.1 Informal Resolution First

Before initiating any formal legal proceeding, you agree to first contact us at hello@hirefractional.ai with a written description of the dispute and your proposed resolution. We will attempt to resolve the dispute informally within 30 days.

16.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform — except for claims for injunctive or equitable relief — will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Delaware, USA, and the proceedings will be conducted in English.

16.3 Class Action Waiver

You waive any right to participate in a class action lawsuit or class-wide arbitration. All claims must be brought in your individual capacity, not as a plaintiff or class member in any class or representative proceeding.

16.4 Exceptions to Arbitration

Either party may seek relief in a court of competent jurisdiction for: (a) intellectual property infringement claims; (b) violations of the non-circumvention clause; or (c) emergency injunctive relief to prevent imminent harm.

17. Governing Law

These Terms and any disputes arising hereunder are governed by the laws of the State of Delaware, USA, without regard to its conflict of law provisions. Any legal actions not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.

18. Changes to These Terms

We reserve the right to update these Terms at any time. When we make material changes, we will provide at least 14 days' advance notice via email (to the address associated with your account) and/or a prominent in-platform notification. The "Last updated" date at the top of this page reflects the most recent revision.

For non-material changes (such as formatting corrections or clarifications that do not affect your rights), we may update these Terms without advance notice. Continued use of the Platform after the effective date of any revision constitutes your acceptance of the updated Terms.

19. Contact

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

• General inquiries: hello@hirefractional.ai
• Legal inquiries: Contact Form
• Website: hirefractional.ai

These Terms of Service were last updated on April 11, 2026. See also our Privacy Policy →