1. Mitratech Terms and Conditions.

This Addendum (the "Addendum") is hereby incorporated into the BambooHR Terms of Service (the “Agreement”) by reference and your use of the I-9 Services is also governed by Mitratech's Terms and Conditions, available at https://mitratech.com/legal-notice/terms-and-conditions/, as may be updated by Mitratech from time to time. By enabling or using the I-9 Services, you agree to be bound by Mitratech's Terms and Conditions. In the event of a conflict between Mitratech's Terms and Conditions and this Addendum, this Addendum shall control with respect to the relationship between you and BambooHR.

2. Permitted Use; Territory.

The I-9 Services are licensed to you for your own internal business purposes only. You may not use the I-9 Services to provide processing services to third parties or on a service bureau basis. The I-9 Services are available only to customers located in the United States, and you may not permit access to or use of the I-9 Services from countries subject to a U.S. embargo, including Cuba, Iran, North Korea, Sudan, Syria, and Crimea.

3. Prohibited Uses.

You shall not, and shall ensure that your authorized users do not:
(a) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, algorithms, or other elements of the I-9 Services;
(b) sublicense, assign, or transfer access rights to the I-9 Services to any third party;
(c) create derivative works based upon the I-9 Services or Mitratech's confidential information;
(d) copy, frame, or mirror any part of the I-9 Services other than for your own internal business purposes;
(e) store or transmit malicious code, or material in violation of applicable law or third-party rights, through the I-9 Services;
(f) use the I-9 Services to develop or support any product or service that competes with the I-9 Services;
(g) disclose or publish performance statistics or benchmark test results relating to the I-9 Services without Mitratech's prior written consent; or
(h) remove or obscure any proprietary notices, labels, or marks within the I-9 Services.

4. Intellectual Property.

All intellectual property rights in and to the I-9 Services, including all derivative works and enhancements thereto, are exclusively owned by Mitratech. Your use of the I-9 Services does not convey any ownership rights. You acquire only the limited right to access and use the I-9 Services for your internal business purposes as described in this Section.

5. Feedback.

Any suggestions, feedback, improvement requests, or recommendations you provide regarding the I-9 Services are subject to a perpetual, irrevocable, worldwide, royalty-free license in favor of Mitratech to use such feedback without restriction or compensation to you.

6. Data Privacy and Processing.

For purposes of applicable data protection laws, you are the data controller with respect to employee data processed through the I-9 Services, and Mitratech acts as a data processor or service provider on your behalf. Prior to processing your data, Mitratech will enter into a separate service provider agreement directly with you that complies with applicable privacy laws, including the California Consumer Privacy Act and the California Privacy Rights Act (together, "CPRA").

Mitratech and its affiliates may use data submitted through the I-9 Services to provide the I-9 Services, develop de-identified or aggregated analytics, improve and develop new features, and share with authorized subprocessors as necessary to deliver the I-9 Services.

You are responsible for the accuracy and completeness of all data you submit through the I-9 Services and for ensuring that data subject requests are submitted by or on behalf of a verified data subject.

7. No Legal or Compliance Advice.

The I-9 Services are a technology tool designed to assist with the completion and storage of Form I-9 documentation. Neither BambooHR nor Mitratech provides legal or business compliance advice regarding Form I-9 requirements or compliance with the requirements of the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), or any other governmental agency. You are solely responsible for your organization's compliance with all applicable immigration and employment verification laws and regulations.

8. Support.

BambooHR is responsible for providing first-line support to you for the I-9 Services, including general inquiries, account setup, and basic issue resolution. Mitratech will provide escalated technical support for complex or critical issues that cannot be resolved by BambooHR. Mitratech does not provide support directly to you except through escalation from BambooHR.

9. Remote I-9 Verification - Cancelled Sessions.

If you utilize Mitratech's remote I-9 verification network for Section 2 verifications, you acknowledge that if a scheduled remote verification session cannot be completed for reasons not attributable to Mitratech or its authorized contractor (including, without limitation, employee no-shows or failure to present required documentation), you remain responsible for 100% of the applicable service fee for that session.

10. Disclaimer of Warranties.

BAMBOOHR AND MITRATECH MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE I-9 SERVICES, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION REGARDING THEIR AVAILABILITY, RELIABILITY, UPTIME, PERFORMANCE, SECURITY, OR COMPLIANCE. BAMBOOHR AND MITRATECH EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. NEITHER BAMBOOHR NOR MITRATECH WARRANTS THAT THE I-9 SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, WILL MEET YOUR REQUIREMENTS, OR WILL ACHIEVE ANY INTENDED RESULT. THE I-9 SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

11. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BAMBOOHR NOR MITRATECH, NOR THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE I-9 SERVICES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BAMBOOHR'S AGGREGATE LIABILITY WITH RESPECT TO THE I-9 SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU TO BAMBOOHR FOR THE I-9 SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. MITRATECH'S AGGREGATE LIABILITY WITH RESPECT TO THE I-9 SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU TO MITRATECH FOR THE I-9 SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE CAPS APPLY SEPARATELY AND INDEPENDENTLY TO EACH PARTY AND SHALL NOT BE CONSTRUED TO CREATE ANY JOINT OR SHARED LIABILITY BETWEEN BAMBOOHR AND MITRATECH.

Contact Information.

If you have any questions about the Service or this Agreement, you may call us at 801-724-6600, email us at support@bamboohr.com, or write to us at:

Bamboo HR LLC
BambooHR Payroll LLC
ATTN: Legal
42 Future Way
Draper, UT 84020

BambooHR® is a registered trademark of Bamboo HR LLC. © Bamboo HR LLC 2025. All rights reserved.