Terms of Use
Effective October 3, 2026
These Terms of Use (the "Terms") are an agreement between you and Desmata Inc. ("Desmata", "we", "us" or "our"), a company headquartered at 5151 Headquarters Dr., Suite 140, Plano, TX 75024. They govern your access to and use of www.desmata.com and related pages, including job listings, application and enquiry forms and any content we publish there (together, the "Site").
Please read these Terms carefully. By accessing or using the Site, you agree to be bound by them and by our Privacy Policy, which explains how we handle personal information. If you do not agree, do not use the Site.
1. Who may use the Site
You may use the Site only if you can form a binding contract under applicable law and you are not barred from doing so. The Site is intended for adults; you must be at least 16 to use it, and old enough to work in any role you apply for.
If you use the Site on behalf of a company or other organization, you confirm that you are authorized to accept these Terms for it, and "you" includes that organization.
2. Information about our services
The Site describes the IT staffing, recruiting, consulting and technology services Desmata offers. Content on the Site, including service descriptions, case highlights, industry pages and insights articles, is provided for general information only. It is not professional, legal, financial or technical advice for your situation, and it is not an offer to provide services on any particular terms.
Any services we provide to a client are governed by a separate written agreement, such as a master services agreement, statement of work or staffing agreement. If that agreement conflicts with these Terms, the agreement controls for those services.
Results described on the Site, including any metrics in case highlights, reflect specific engagements. They are not a promise that you will achieve the same results.
3. Job listings and applications
Job listings on the Site describe roles that Desmata is recruiting for, either with Desmata as the employer or on behalf of our clients. We try to keep listings accurate and current, but roles may be filled, changed or withdrawn at any time without notice, and details such as pay ranges and locations are estimates until confirmed in a written offer.
Submitting an application, joining our talent network or speaking with a recruiter does not create an employment relationship, a contract or any promise of an interview, placement or employment. Any offer of employment or of an assignment will be made separately and in writing, and may depend on conditions such as client approval, reference checks, verification of work authorization and, where the role requires it and you authorize it, a background check.
When you apply, you agree that:
- the information and documents you provide are true, accurate, complete and your own, and you will update them if they change;
- you will not include confidential information, trade secrets or proprietary materials belonging to a current or former employer or client;
- you have the right to share any information about other people you include, such as references; and
- Desmata may use your application as described in the Privacy Policy, including sharing it with a client for a role after you have agreed to that submission.
Desmata never charges candidates fees to apply, interview or be placed. If anyone claiming to represent Desmata asks you for money, equipment purchases or bank details in connection with a job, please do not respond and report it to info@desmata.com.
Desmata is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information, veteran status or any other characteristic protected by law.
4. Information and content you send us
When you submit a form, upload a resume or send us a message, you keep any rights you have in that content. You grant Desmata a non-exclusive, royalty-free license to store, copy, use and share it as needed to respond to you, to provide our services and to consider you for roles, in each case as described in the Privacy Policy.
Please do not send us confidential or proprietary business information through the Site unless we have agreed in writing to receive it. Ideas, suggestions or feedback you send about our services or the Site may be used by us without any obligation to you.
You are responsible for the content you submit. It must not be unlawful, misleading, defamatory, infringing or harmful, and must not contain viruses or other malicious code.
5. Acceptable use
You agree to use the Site only for lawful purposes and in line with these Terms. You must not:
- submit false information, apply in someone else's name or impersonate any person or organization, including Desmata or its staff;
- send spam, chain letters or unsolicited advertising through our forms;
- attempt to gain unauthorized access to the Site, its administration area, its servers or any data, or probe, scan or test the Site's vulnerability without our written permission;
- interfere with or disrupt the Site, for example by overloading it, flooding forms or bypassing security, rate limits or bot protection;
- use automated tools such as bots, scrapers or crawlers to copy job listings, content or data from the Site, except for search engines indexing public pages in line with our robots.txt file;
- upload files that contain malware or that you do not have the right to share;
- use the Site to collect personal information about other people, or to recruit Desmata's consultants or staff by misleading means; or
- use the Site in any way that breaks any applicable law or regulation.
We may suspend or block access to the Site, remove content and reject submissions if we reasonably believe you have broken these Terms or the law.
6. Intellectual property
The Site and its content, including text, graphics, page layout, illustrations, software and the selection and arrangement of content, are owned by Desmata or its licensors and are protected by United States and international copyright, trademark and other laws.
You may view, download and print pages from the Site for your own personal or internal business use, for example to consider a role or to evaluate our services, as long as you keep any copyright and other notices. You may not otherwise copy, modify, republish, distribute, sell or create derivative works from any part of the Site without our prior written permission.
"Desmata", the Desmata logo, "RetailGeo Insights" and our other product and service names are trademarks of Desmata Inc. You may not use them without our prior written permission, except to refer to Desmata accurately and fairly.
7. Client names, logos and third-party content
Names and logos of companies we have worked with, and names of technology platforms and standards mentioned on the Site, belong to their respective owners. We show them to describe our experience and the technologies we work with. Their appearance does not mean that those companies sponsor, endorse or are affiliated with Desmata, unless we say so expressly.
References to regulations, frameworks and standards, such as HIPAA, PCI DSS, NIST or ISO, describe the requirements our work is designed to support. They do not mean that Desmata holds a certification or accreditation under that standard, unless we say so expressly. Desmata is a certified Minority Business Enterprise (MBE).
8. Links to other websites
The Site may contain links to websites and services run by others, such as job boards, social networks, client websites and maps. We provide those links for convenience only. We do not control and are not responsible for their content, availability, terms or privacy practices, and a link does not mean we endorse them. Your use of another website is at your own risk and subject to that website's terms.
9. Availability and changes to the Site
We may change, suspend or discontinue any part of the Site at any time, including job listings and content, without notice. We do not promise that the Site will always be available, uninterrupted, secure or free of errors, and we may restrict access for maintenance or security.
10. Disclaimers
THE SITE AND ALL CONTENT ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, DESMATA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY.
Without limiting the above, we do not warrant that the Site or its content is complete, accurate or current, that any job will remain open or that you will be offered an interview or a role, that the Site will meet your requirements, or that the Site or the servers that make it available are free of viruses or other harmful components.
Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, DESMATA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED US DOLLARS (US$100).
These limits apply to every theory of liability, whether in contract, tort (including negligence), strict liability or otherwise. They do not limit liability that cannot be limited by law, such as liability for fraud or for gross negligence or willful misconduct where the law does not allow it to be limited. They also do not apply to services provided under a separate written agreement, which has its own terms.
12. Indemnification
You agree to defend, indemnify and hold harmless Desmata and its officers, directors, employees, consultants and agents from any claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees, arising out of or related to your breach of these Terms, your misuse of the Site, or content you submit, including any claim that it infringes another person's rights.
13. Governing law and disputes
These Terms and any dispute arising out of or related to them or to the Site are governed by the laws of the State of Texas and applicable federal law of the United States, without regard to conflict of laws rules.
Before starting any formal proceeding, please contact us at info@desmata.com so we can try to resolve the issue informally. If we cannot resolve it within 30 days, either party may bring a claim.
You and Desmata agree that any lawsuit relating to these Terms or the Site will be brought only in the state courts located in Collin County, Texas, or the United States District Court for the Eastern District of Texas, and you consent to the personal jurisdiction of those courts. Either party may still seek urgent injunctive relief in any court with jurisdiction to protect its intellectual property or confidential information.
To the extent permitted by law, any claim must be brought individually and not as a plaintiff or class member in any purported class or representative proceeding, and any claim relating to the Site must be filed within one year after it arose.
14. Copyright complaints
We respect the intellectual property rights of others. If you believe content on the Site infringes your copyright, send a written notice to info@desmata.com or to our postal address with: your contact details; a description of the copyrighted work; the location of the material on the Site; a statement that you have a good-faith belief the use is not authorized by the owner, its agent or the law; a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature. We will review the notice and remove material where appropriate.
15. Accessibility
We want the Site to be usable by everyone and design it with the Web Content Accessibility Guidelines (WCAG) 2.2 at level AA in mind. If you have difficulty using any part of the Site, or need information or an application form in another format, contact us at info@desmata.com or +1 (214) 407-8089 and we will help.
16. Changes to these Terms
We may update these Terms from time to time. When we do, we will change the effective date at the top of this page. Changes apply from that date to your later use of the Site. If you continue to use the Site after a change, you accept the updated Terms. If you do not agree, please stop using the Site.
17. General
- Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and Desmata about the Site. They do not replace any separate written agreement for our services.
- Severability: if any part of these Terms is found unenforceable, it will be limited to the minimum extent needed, and the rest will stay in effect.
- No waiver: our failure to enforce any part of these Terms is not a waiver of our right to do so later.
- Assignment: you may not transfer your rights under these Terms. We may assign them, for example as part of a reorganization or sale of our business.
- Termination: we may end or suspend your access to the Site at any time. Sections that by their nature should survive, including those on intellectual property, disclaimers, limitation of liability, indemnification and governing law, will survive.
- Headings are for convenience only and do not affect the meaning of these Terms.
18. Contact us
Questions about these Terms can be sent to:
- Email: info@desmata.com
- Post: Desmata Inc., 5151 Headquarters Dr., Suite 140, Plano, TX 75024, United States
- Telephone: +1 (214) 407-8089