Payscale^® Documentation

Customer agrees that the below Documentation (“Documentation”) applies to those Payscale Services used, accessed, or purchased by Customer. This Payscale Services Documentation, together with the Master Subscription Agreement, the applicable Order Form(s), and any amendments, serves as the agreement between the Parties (“Agreement”). All capitalized terms used and not defined in the Documentation will have the meanings given to them in the Master Subscription Agreement or Order Form. Payscale’s current Master Subscription Agreement is available at
https://www.payscale.com/content/legal/msa.pdf and will apply (unless the parties have separately negotiated and executed a Master Subscription Agreement). All terms apply only where the Customer has purchased the specific Payscale Service described.

Documentation also includes terms relating to Implementation, Subscription Services, Professional Services and Managed Services available at: Implementation, Subscription Service, and Managed Services

Documentation relating to Success Tier and Professional Service Projects is available at: Success Tiers

Table of Contents

• Compensation Management Services
  • General Terms
  • Product Specific Terms
    • Payscale Payfactors™
    • Payscale Marketpay™
    • Payscale Paycycle™
    • Payscale® Pay Equity
    • Payscale® AI Match Suggestions
    • Payscale® AI-Generated Job Summaries
• Payscale® Data Services
  • Payscale® Data
  • Payscale® Data Sharing Services
  • Payscale® Licensed Third Party Surveys
• Third Party Services
  • Payscale Marketpay™ Jobs (powered by JDXpert)
  • Payscale® Integrations
• Payscale® for Consultants
• Payscale® Services for Renewal Only
  • Payscale® Advanced Pay Equity
  • Payscale® Benchmark
  • Payscale® Insight
  • Payscale® Insight Lab
  • Payscale® Pay Equity Services with USC Race and Equity Center

Subscription Scope

Unless otherwise agreed by the parties in the Order Form, the Annual Subscription Fee is based on a combi: (a) the number of employees covered by Customer’s subscription to the Compensation Management Service; (b) the quantity of Third Party Surveys Customer may load into the Customer’s Account where each survey is counted independently at the time of loading and is counted regardless if the form of the survey is regular or customized; or (c) a combination of the foregoing (“Subscription Scope”). The Subscription Scope is set out in the applicable Order Form. If Customer exceeds the Subscription Scope during the Subscription Term, Payscale reserves the right to increase the Annual Subscription Fee or charge an overage fee to reflect the additional usage based on the pricing set out in the Order Form (or if no pricing is specified, based on the pricing then in effect).

Product Specific Terms

Payscale Marketpay^™

Marketpay™ is a compensation platform that delivers survey management and compensation management functionality that helps strategize for the future and execute across global markets. The following modules are included in Marketpay:

• Survey Participation: Complete participation templates for specific formats needed for major data providers
• Survey Management: Manage all surveys in a centralized location and automatically receive updates as they are available.

• Structure and Merit Modeling: Model scenarios for how changes to ranges, structures and merit will impact your pay strategy and budget.
• Price at Scale: Apply your company’s pricing philosophy across groups of jobs
• Market Pricing: Match jobs to market data with a variety of tools either one by one multiple jobs at a time.
• Reporting and Analytics: Access over 100 pre-built reports that can be customized. Integration with Tableau available for more visualized reporting is available.
• AI Match Suggestions to streamline the job match process for Customer’s surveys.
• Settings: Customize User permissions to provide groups access based on their role.

Payscale Paycycle^™

Paycycle is a compensation review and adjustments solution that helps facilitate the increase cycle by bringing together market data, compensation budgets and internal guardrails to frontline managers and their HR team.

The following items are included as part of a standard Paycycle Implementation:

• Live environment with single sign on and branding (Logo and 2 colors) and user acceptance testing environment
• One language
• Schedulable flat data import and historical information loaded (Up to three years of data imported and displayed in drilldowns)
• Up to 5 simple awards (per review)
• Up to 3 review screens (per review)
• HRBP Access (4 HRBP accounts per 1,000 employees per review
• Budgets and guideline recommendations: Allow managers to allocate dollars as they see fit while allowing them to see varying scenarios and potential impact
• Recommendation history panel: Allow managers to see historical pay information of an employee for added context in their decision-making process
• Constraints: Apply hard and soft constraints on managers to maintain governance
• Actionable insights: Dashboards allow managers to review impact of award allocation before submitting.
• Customizable letters: Share updates with employees with a personalized compensation letter or email.
• Benchmarking data: Incorporate raw or blended salary benchmarks to ensure awards are in line with the market.

The following items can be added to the contract. Additional fees may apply:

• Complex awards (non-discretionary)
• Training environment one-time (1 month, 3 months, 6 months, 1 year)
• Training environment recurring (1 year)
• Additional languages (translation must be provided by customer)

Payscale^® Pay Equity

Pay Equity is a self-service pay equity analysis solution that provides functionality to complete controlled and uncontrolled pay equity analysis. Organizations can use this data to develop remediation plans with current budgets.

Payscale^® AI Match Suggestions

The AI Match Suggestions feature (“AI Match Suggestions”) is a feature available in select Payscale products. AI Match leverages an artificial intelligence (“AI”) model to analyze and compare information about jobs in a Customer’s loaded surveys in order to automatically produce a list of the most relevant job matches. The user may subsequently review these suggestions and, as if they are deemed appropriate, accept or ignore them.

Model and training. AI Match Suggestions is powered by a large language model that has been fine-tuned using Payscale product usage data. The model is trained and hosted within Payscale’s firewall and no training data is, or will be, shared externally. The model is used to index textual information about the survey jobs (job title, job description, job family, and job code) that each Customer has loaded into Payscale’s systems. This index is utilized to power search and match recommendations within the product.

Functionality. The AI Match Suggestions feature enables Customers to streamline the process of finding a job match within a given survey set. The model underlying this feature operates by processing and indexing the textual descriptions of jobs (job title, job family, job description, level, level description) from the Customer’s survey library to present recent survey jobs that are most similar to the Customer’s jobs. This index powers searching and match recommendations. In the case of the year-over-year survey update workflows, the index is used to find current survey jobs that are the most similar to out-of-date, previously matched jobs. These top survey job matches are then presented to the user, who has the option to either accept or ignore them as appropriate.

Questions? If you have any questions about the AI Match Suggestions feature, please contact support@payscale.com.

Payscale^® AI-Generated Job Summaries

The AI-Generated Job Summaries feature (“Job Summaries”) is an integration to Payscale’s Job Description Manager functionality. The job descriptions produced by Job Summaries are generated by an artificial intelligence (“AI”) language model, ChatGPT-3.5-turbo, made available through the Azure OpenAI Service and trained on data provided by Payscale. The following terms apply to your use of the Job Summaries feature. If you do not agree with these terms, or if you do not wish to engage with an AI language model, please do not use this feature.

Input. You are solely responsible for any input you provide to the Integration (the “Input”). We will use the Input to provide the service subject to your agreement with Payscale. Once the Input has been used to generate a job summary, we do not store the Input to further train the AI language model that supports the Job Summaries feature. Please do not provide sensitive, personal, or highly confidential information as Input.

Output. The use of generative AI requires human review. The Job Summaries feature is not a substitute for human or professional advice or judgment. The Output should always be reviewed by a human with appropriate qualifications for accuracy and propriety before it is used. Payscale is not responsible for the content generated by Job Summaries (the “Output”) and expressly disclaims all liability in connection with your use of the Output. While we believe Job Summaries can generate compelling job descriptions quickly and easily, we do not guarantee that it is error-free, up-to-date, appropriate, suitable for its intended purposes, or free of bias, and you should not rely on it to perform in this way. Please note that failure to provide clear prompts to the AI (e.g., shorthand or undefined acronyms) may result in the AI’s failure to generate responsive job descriptions.

Additional terms. Your use of the Job Summaries feature is subject to the terms contained in the Microsoft Azure Legal Information, the Azure OpenAI Service Documentation, the applicable Microsoft Azure Product Terms, and the Code of Conduct for Azure OpenAI Service. For more information on the Azure OpenAI Service, you may further consult the Transparency Note for Azure OpenAI Service and this note on Azure OpenAI’s privacy and security practices. If you have any questions about these terms, please contact Microsoft directly.

Questions? If you have any questions about the Job Summaries feature, please contact support@payscale.com.

Payscale^® Data Services

Payscale^® Data Sharing Services

Customer’s access to and use of the Payscale^®️ Data Sharing Services are subject to the following terms and conditions. All Data included in the Payscale^®️ Data Sharing Services is Payscale Data.

“Job Description Management” is an online central repository to manage job descriptions. Users have access to a library of over 2000+ robust job descriptions. The job descriptions contained in the library are Payscale Data.

“Peer™” is the dynamic compensation benchmarking service developed by Payscale using Aggregated Data provided and sourced by Payscale’s customers. Peer™ allows customers to create custom data sets by using filtering tools to select group of participants by name, industry, size, geography or other company, job or employee attributes. A minimum number of customers must be selected in each data set. Customers participating in Payscale^®️ Data Sharing Services will have their name included in the Peer™ service. Peer™ customers may remain selectable in Peer™ for a period of time post-termination. All data contained in Peer™ is Payscale Data. Peer™ is currently available as a stand-alone service and as a feature in Payscale Payfactors™ compensation management service.

• Peer™ Participation Requirements:
  • Customer must upload its employee salary data to Peer™ within 120 days of initial activation.
  • Customer must update its employee salary data at least once per year in order to maintain access to Peer™. Payscale recommends that customers update their employee salary data once per quarter. Updates can occur through manual files, automated SFTP feeds, or API integration with your HRIS system. In the event that Customer does not update its employee salary data at least once per year, in Payscale’s sole discretion, Customer will either lose access to Peer™ until it updates such data or be required to pay the difference between a “Non-Participant” rate and the discounted “Participant” rate.
  • Customer must use best efforts to match at least 60% of internal Customer jobs to Peer™ jobs. This can be achieved by leveraging the in-product workflows on the Manage Jobs page, including Peer™ Auto-Match, uploading an .xls file, or purchasing our job matching services.

“Peer™ Auto-Match” is a feature that recommends matches to Peer™ jobs based on Customer’s unmatched jobs. The deep learning AI model that powers this feature is trained using Aggregated Data related to past job matches. In its default setting, this feature will automatically assign high-confidence participation matches after thirty days, but Customer can turn off this feature so that no matches are made without Customer’s review.

“Peer™ Data Networks” are available subsets of the larger Peer™ data set that allow for industry specific data cuts. All Peer™ terms apply to the Peer™ Data Networks. Current Peer™ Data Networks are as follows:

• Global Network
• Airlines Network
• Retail Network
• Homebuilders Network
• Hospitality Network (Customers who participate in the Hospitality Network are required to submit data for all positions—including corporate, managerial, and hourly—on a quarterly basis.

“Payscale Pulse™” (formerly named “Payscale Compensation Survey”)  is the dynamic compensation benchmarking survey developed by Payscale using Aggregated Data provided and sourced by Payscale’s customers. Payscale Pulse is updated quarterly. Payscale Pulse may be published in several different data reports and versions, each of which will be separately listed and billed on the applicable Order Form. All data contained in Payscale Pulse is Payscale Data. Payscale Pulse is currently available as a feature in Payscale Marketpay™ and Insight Lab.

• Payscale Pulse Participation Requirements:
  • Customer must update its employee salary data at least once per year in order to maintain access to Payscale Pulse. Payscale recommends that customers update their employee salary data once per quarter. Updates can occur through manual files or automated SFTP feeds from your HRIS system. In the event that Customer does not update its employee salary data at least once per year, in Payscale’s sole discretion, Customer may lose access to Payscale Pulse until it updates such data.

Payscale^® Licensed Third Party Surveys

Customer’s use of Third Party Surveys licensed to Customer by Payscale through the Compensation Management Services is subject to the Survey Publisher’s terms below:

Aon Consulting, Inc. (“Aon”). Compensation surveys and publications published by Aon are subject to the terms and conditions available here: Terms and Conditions (https://www.payscale.com/content/dg/faq/Aon+Product+Terms+for+Payscale.pdf)

Culpepper and Associates, Inc. ("Culpepper"). Compensation surveys, data, and services provided by Culpepper are subject to the terms of service available here: Terms and Conditions (https://ww3.culpepper.com/TermsofService)

Empsight International, LLC (“Empsight”). Compensation surveys and publications published by Empsight are subject to the terms and conditions available here: Terms and Conditions (https://755961.app.netsuite.com/core/media/media.nl?id=419940&c=755961&h=feSYdnWda0-fmE0JZWiJGjvdpMoh33z7DAq8t4V54dNlFefM)

Korn  Ferry (US) (“Korn Ferry”). Compensation surveys and publications published by Korn Ferry are subject to the terms and conditions available here: Terms and Conditions (https://www.kornferry.com/terms/korn-ferry-order-form-terms-and-conditions)

Mercer (US) Inc. (“Mercer”). Compensation surveys and publications published by Mercer are subject to the terms and conditions available here: Terms and Conditions (https://www.imercer.com/productuseterms).

Pearl Meyer & Partners, LLC ("Pearl Meyer"). Compensation surveys and publications published by Pearl Meyer are subject to the terms and conditions available here: Terms and Conditions (https://pearlmeyer.com/terms-use) and as follows:

• The summarized market data contained in the Survey represents the copyrighted work product of Pearl Meyer based upon the contribution of member companies. Distribution to non-member companies is in violation of the terms of survey participation.
• The data and other information reported in the surveys may not be reproduced, stored in a retrieval system, or distributed or disclosed in any form by any means by any non-member company; including but not limited to electronic, mechanical, photocopying, recording or otherwise without the prior written permission of Pearl Meyer.
• The data and other information contained in the survey will be used only in connection with your internal human resources management and in the documents prepared for your company’s management.
• Any data provided to Pearl Meyer will be used only for compensation data reports and will maintain the highest degree of confidentiality.
• Under no circumstances are clients authorized to share their Pearl Meyer Survey Client portal login credentials (user ID, password) with others.

Third Party Services

Payscale^® Integrations

“Payscale Integrations” are APIs or other tools that allow Payscale Services to connect with a Third Party Service.

Support and Training. Customer understands that no training or support is provided by Payscale in connection with the implementation, maintenance, or use of a Payscale Integration.

Payscale^® For Consultants

Consultant Usage: Customer’s use of Payscale Services (including Payscale Data) to provide services to Customer’s clients (“Customer Client”) are subject to being specifically listed on an Order Form (including any scope limitations) and to the following terms and conditions:

Definitions:

“Payscale Report” or “Report” means a report generated through Payscale® Payfactors™ or Payscale® Marketpay™ using Payscale Data and Customer Data and created by running a certain Unique Job Code or Payscale Job Title in a Unique Pay Market.

“Payscale Job Title” means the job title used by Payscale to identify certain jobs tied to Payscale Data and located under the Payscale Job Title header when Customer runs a Report through the Payscale Service.

“Unique Job Code” means the job code used to identify a specific job.

“Unique Pay Market” means a combination of city, state, region, industry, company size, and other relevant labor market factors.

Use Restrictions. Customer may only use the Payscale Data or Payscale Report (together, “Report”), and the information contained in a Report as a part of a comprehensive bundle of services provided to a Customer Client. Customer understands and agrees that Payscale and its licensors have no obligation to provide any services (e.g., support services or Professional Services) directly to Customer Clients and that Customer is solely responsible for interacting with Customer Clients and solely liable to Customer Clients. Customer Clients are not an intended third party beneficiary under this Agreement. Customer must not: (a) grant Customer Clients direct access to Customer’s Account, a Payscale Report, or the Payscale Service; (b) sell the Payscale Reports on a standalone basis or charge a Customer Client a separate fee for all or any part of a Report; (c) advertise, promote, or communicate the sale of a product or service that is the same or similar to a Payscale Service, but at a lower cost than Payscale’s list price for such Payscale Service; (d) in Payscale reasonable discretion, solicit or attempt to sell the Payscale Service or Payscale Reports to any Payscale customer or prospective Payscale customer; or (e) use the Payscale Service or Payscale Reports for the benefit of a Customer Client who has a subscription to a Payscale Service. If Customer violates this Section 2, then such violation will be deemed a material breach by Customer.

Subscription Scope:. Unless otherwise agreed by the parties in the Order Form, the Payscale Service’s Annual Subscription Fee is based on the number of Reports generated by Customer through the Payscale Service. The annual limit on the number of Reports that Customer may generate through the Payscale Service is set out in the applicable Order Form (“Report Count”). For purposes of determining the number of Reports counted toward the Report Count, the following is included: (a) the initial creation of a Report; (b) any refreshes to an existing Report after modification to the Unique Pay Market or the Payscale Job Title; and (c) any refreshes to an existing Report that was created prior to the anniversary date of Customer’s subscription. For clarification, even if Customer deletes a Report in its Account, such deleted Report will still be counted toward the Report Count and any changes made only to the compensable factors of a Report will not create a new Report and is not included in the Report Count. If Customer exceeds the Report Count during the Subscription Term, the Annual Subscription Fee may be increased to reflect the additional usage based on the pricing set out in the Order Form (or if no pricing is specified, based on the pricing then in effect), except that Customer will be notified in advance of any adjustment to the Annual Subscription Fee.

Customer Client Data. For purposes of this Agreement, any Customer Client data provided to Payscale or loaded into a Payscale Service by Customer (or by Payscale on Customer’s behalf) will be deemed “Customer Data” under this Agreement and all licenses, warranties, rights, and other protections Customer has granted to Payscale in this Agreement regarding Customer Data will also apply to such Customer Client data.

Audit Rights. At any time during the Term of this Agreement and for up to 3 years after its termination or expiration, Payscale may (a) access Customer’s Account, and (b) audit Customer’s relevant records and files (including, pertinent portions of Customer’s contract with a Customer Client) (“Customer Records”), to ensure that Customer is using the Payscale Services and Reports only as permitted under this Agreement. Customer Records will be deemed Customer’s Confidential Information subject to the confidentiality requirements set out in the Master Subscription Agreement. Customer will provide Payscale a copy of requested Customer Records within 30 days after a request is sent. If Payscale discovers that Customer is using the Payscale Service or a Report in violation of this Agreement, then such violation will be deemed a material breach and Payscale may immediately suspend Customer’s access to its Account.

Report Count. If no report limit is listed in the Order Form, Customer is limited to a total of 100 reports during the Term.

Payscale^® Services for Renewal Only

Payscale^® Benchmark

Customer’s access to and use of Payscale Benchmark is subject to the following terms and conditions. All data included in Payscale Benchmark is Payscale Data.

Purpose and Definitions. Payscale Benchmark allows Customer to access Payscale Data and generate Market Reports. A “Market Report” means a report generated through the Payscale Service using Payscale Data and created by running a Unique Job Code in a Unique Labor Market. A “Unique Job Code” means the job code used to identify a specific job. A “Unique Labor Market” means a combination of city, state, region, industry, company size, and other relevant labor market factors.

Subscription Scope. Payscale Benchmark’s Annual Subscription Fee is based on: (a) the number of employees covered by Customer’s subscription; (b) the number of Market Reports Customer may maintain under its Account; (c) the job count, which is the number of Unique Job Codes in Customer’s Account; or (d) a combination of any of the foregoing subsections (a), (b), or (c) (“Benchmark Scope”). The Benchmark Scope is set out in the applicable Order Form. For Customers whose Benchmark Scope is based on Market Reports the maximum number of Market Reports that Customer may create through the Payscale Service is as follows:

Once a Market Report is established, a User may:

• Get updated market data on a Market Report an unlimited number of times during the relevant Subscription Term;
• Change any attribute of a Market Report’s Unique Job Code or Unique Labor Market with no effect on the total number of Market Reports that is counted toward the Benchmark Scope;
• Delete a Market Report which will reduce the count of Market Reports and create space for a new Market Report;
• Create a new Market Report that will count toward the Benchmark Scope; and
• view current and historical use of Market Reports, Unique Job Codes, Unique Labor Markets, and data updates to Market Reports through Customer’s Account.

If Customer exceeds the Benchmark Scope during the Subscription Term, the Annual Subscription Fee may be increased to reflect the additional usage based on the pricing set out in the Order Form (or if no pricing is specified, based on the pricing then in effect), except that Customer will be notified in advance of any adjustment to the Annual Subscription Fee.

Payscale^® Insight

Payscale® Insight includes access to Payscale® Pulse, a Data Sharing Service.

The Subscription Scope outlined above is not applicable and the below terms apply:

Subscription Scope. Unless otherwise agreed by the parties in the Order Form, the Annual Subscription Fee for Payscale® Insight is based on: (a) the number of employees covered by Customer’s subscription; (b) the job count, which is the number of unique job codes in Customer’s Account; or (c) a combination of the foregoing (“Insight Scope”). The Insight Scope is set out in the applicable Order Form. If Customer exceeds the Subscription Scope during the Subscription Term, Payscale reserves the right to increase the Annual Subscription Fee or charge an overage fee to reflect the additional usage based on the pricing set out in the Order Form (or if no pricing is specified, based on the pricing then in effect).

Payscale^® Insight Lab

Payscale^® Insight Lab includes access to Payscale® Pulse, a Data Sharing Service.

Payscale^® Pay Equity Services with USC Race and Equity Center

Payscale^® Pay Equity Services with USC Race and Equity Center. Payscale Pay Equity Services with USC Race and Equity Center is a pay equity service provided by Payscale in conjunction with the USC Race & Equity Center (“USC”). As a condition of Customer’s use of Payscale® Pay Equity Services with USC Race and Equity Center through the USC Payscale Account, Customer hereby authorizes (i) Payscale to transfer Customer’s Confidential Information (including Customer Data) to USC and (ii) USC to receive, possess, use and retain such data, in each case as may be required for USC’s implementation, administration, and management of Pay Equity Services with USC Race and Equity
Center.