Terms of Service

1. Acceptance of Terms

By accessing or using Interviewfy's AI-powered interview platform, website, and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Interviewfy provides an AI-powered interview platform that enables organizations to conduct, manage, and evaluate candidate interviews. The Service includes:

• Automated analysis of resumes and job descriptions.
• AI-generated interview questions tailored to specific roles.
• Candidate response evaluation and scoring.
• Interview scheduling and calendar integration.
• Integration with applicant tracking systems (ATS).
• Reporting, analytics, and hiring workflow tools.

The Service is designed to assist in hiring processes. Final employment decisions remain the sole responsibility of the user.

3. Account Registration and Security

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete registration information.
• Maintain and promptly update your account information.
• Keep your password confidential and secure.
• Notify us immediately of any unauthorized access or security breach.
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Upload false, misleading, fraudulent, or unlawful information.
• Use the Service to discriminate against candidates based on race, color, religion, sex, national origin, age, disability, genetic information, or any other protected characteristic.
• Violate any applicable employment laws, regulations, or guidelines.
• Attempt to reverse-engineer, decompile, disassemble, or extract our AI models, algorithms, or source code.
• Interfere with, disrupt, or overburden the Service or its infrastructure.
• Circumvent any security measures or access controls.
• Use the Service to send spam, malware, or other harmful content.
• Scrape, harvest, or collect data from the Service without authorization.
• Share account credentials with unauthorized parties or allow multiple individuals to use a single account.
• Use the Service in any manner that could damage, disable, or impair the Service.

5. User Content and Data

5.1 Your Content

You retain ownership of all data, content, and materials you upload to the Service ("User Content"), including resumes, job descriptions, interview responses, and related materials.

5.2 License Grant

By uploading User Content, you grant Interviewfy a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and display your User Content solely as necessary to provide and improve the Service. This license terminates when you delete your User Content or account, except for content that has been shared with others or incorporated into aggregated, anonymized data.

5.3 Your Responsibilities

You represent and warrant that:

• You have all necessary rights, consents, and permissions to upload and process User Content.
• User Content does not violate any third-party rights, including intellectual property and privacy rights.
• You have obtained appropriate consent from candidates whose data you upload to the Service.
• Your use of the Service complies with all applicable privacy and data protection laws.

6. Third-Party Integrations

6.1 Authorization

The Service may allow you to connect third-party services, including calendar applications, applicant tracking systems, and authentication providers. By connecting these services, you:

• Authorize Interviewfy to access and use data from those services as necessary to provide the integration functionality.
• Acknowledge that your use of third-party services is governed by their respective terms and privacy policies.
• Accept responsibility for ensuring that your use of integrations complies with the third-party's terms of service.

6.2 Disconnection

You may disconnect third-party integrations at any time through your account settings. Disconnecting an integration will stop future data synchronization but will not automatically delete previously synced data.

6.3 Third-Party Terms

We are not responsible for the availability, accuracy, or practices of third-party services. Your use of third-party integrations is at your own risk.

7. AI-Generated Content and Automated Processing

The Service uses artificial intelligence to generate interview questions, evaluate responses, and provide recommendations. You acknowledge and agree that:

• AI-generated outputs are tools to assist decision-making, not definitive assessments or recommendations.
• All AI outputs should be reviewed by qualified human personnel before use in employment decisions.
• Final hiring decisions are your sole responsibility.
• We do not guarantee the accuracy, completeness, or suitability of AI-generated content.
• You are responsible for ensuring that your use of AI-generated insights complies with applicable employment and anti-discrimination laws.
• AI outputs may contain errors, biases, or inaccuracies that require human judgment to identify and correct.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its design, features, functionality, AI models, algorithms, software, documentation, trademarks, and logos, is owned by Interviewfy and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except as expressly stated.

8.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the term of your subscription.

8.3 Restrictions

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Service or any part thereof without our prior written consent.

9. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and not to disclose it to third parties except as necessary to perform obligations under these Terms or as required by law. Confidential information includes, but is not limited to, proprietary technology, business strategies, pricing, and candidate data.

10. Payment Terms

If you subscribe to paid features of the Service:

• Fees are specified at the time of purchase and are due according to the billing cycle selected.
• All fees are non-refundable except as expressly stated or required by law.
• We may change pricing with 30 days' notice; continued use after the change constitutes acceptance.
• Failure to pay may result in suspension or termination of access.

11. Term and Termination

11.1 Term

These Terms remain in effect while you use the Service or maintain an account.

11.2 Termination by You

You may terminate your account at any time through your account settings or by contacting us. You may request export of your data prior to termination.

11.3 Termination by Us

We may suspend or terminate your access to the Service at any time for violation of these Terms, non-payment, or for any other reason at our reasonable discretion, with or without notice.

11.4 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately.
• We may delete your account and User Content after a reasonable retention period.
• Provisions that by their nature should survive termination will survive, including intellectual property, limitation of liability, indemnification, and dispute resolution.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. WE DISCLAIM ALL WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR SUITABILITY OF AI-GENERATED CONTENT OR ANY THIRD-PARTY INTEGRATIONS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INTERVIEWFY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

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

• Your use of the Service.
• Your User Content.
• Your violation of these Terms.
• Your violation of any rights of a third party.
• Your violation of any applicable laws or regulations.
• Employment decisions made using the Service.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at hello@interviewfy.ai and attempt to resolve the dispute informally for at least 30 days.

15.2 Arbitration

If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by a mutually agreed-upon arbitration provider, in accordance with its rules. The arbitration shall be conducted in Hayward, California, and judgment on the award may be entered in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15.4 Exceptions

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. Any legal proceedings not subject to arbitration shall be brought in the state or federal courts located in Hayward, California.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Interviewfy regarding the Service and supersede all prior agreements.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet service failures.

17.6 Notices

We may provide notices to you via email, in-app notifications, or by posting on the Service. You may provide notices to us at the contact information below.

18. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms with a new "Effective Date" and, for significant changes, by sending an email to registered users. Your continued use of the Service after changes constitutes acceptance of the revised Terms.