Last updated: February 4, 2026
By accessing or using the Black Swan Candidate Portal ("Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform. These Terms constitute a legally binding agreement between you and Black Swan ("Company," "we," "us," or "our").
Black Swan provides executive recruitment and talent acquisition services through this Platform. Our services include candidate sourcing, screening, profile presentation, and placement facilitation. The Platform enables employers to view candidate profiles, manage orders, and track recruitment progress.
To access certain features of the Platform, you must create an account. You agree to:
Our recruitment services are subject to the following fee structure:
Detailed payment terms are outlined in your Client Fee Agreement. All fees are non-refundable once a candidate begins employment, as specified in your agreement.
We provide a 90-day replacement guarantee. If a placed candidate leaves or is terminated within 90 days of their start date, we will conduct a replacement search at no additional fee, subject to the terms in your Client Fee Agreement. This guarantee does not apply to layoffs, position eliminations, or changes in job requirements.
You agree not to:
The Platform and its original content, features, and functionality are owned by Black Swan and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.
Candidate profiles and related information provided through the Platform are confidential. You agree to use such information solely for evaluating candidates for employment and not to disclose it to third parties without our consent. This obligation survives termination of these Terms.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CANDIDATE INFORMATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLACK SWAN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE PLATFORM OR SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless Black Swan and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Platform, violation of these Terms, or infringement of any third-party rights.
We may terminate or suspend your account and access to the Platform at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the Platform will immediately cease.
These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts of [Your State/County].
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform. Your continued use of the Platform after such modifications constitutes your acceptance of the revised Terms.
If you have questions about these Terms, please contact us at: