Terms of Service

These Terms of Service ("Terms") govern your access to and use of Hifinity's AI-powered candidate screening and interview platform ("Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy.

1. Definitions

• "Customer" means the business entity that subscribes to the Service
• "Authorized Users" means Customer's employees, contractors, or agents authorized to use the Service
• "Candidate" means individuals invited by Customer to participate in interviews through the Service
• "Candidate Data" means all information about Candidates, including personal information, resumes, interview responses, audio/video recordings, and assessment results
• "Customer Data" means all data provided by Customer, including job descriptions, interview questions, and evaluation criteria

2. Service Description

Hifinity provides an AI-powered candidate screening platform that enables Customers to:

• Conduct automated AI-powered candidate interviews via video and audio
• Generate role-specific interview questions using AI
• Record, transcribe, and store candidate interview responses
• Analyze candidate responses and generate assessment scores
• Store and manage candidate resumes, CVs, and application materials
• Access analytics and reporting on candidate performance
• Integrate with existing ATS and recruitment workflows

The Service uses artificial intelligence and machine learning to analyze candidate responses. While we strive for accuracy, AI-generated assessments should be used as one factor in hiring decisions, not the sole determining factor.

3. Account Registration and Access

3.1 Business Accounts

To use the Service, Customer must create a business account and provide accurate company information, including company name, business email, billing information, and authorized user details. Customer represents and warrants that it has the authority to enter into this agreement on behalf of the business entity.

3.2 Authorized Users

Customer is responsible for: (a) maintaining the confidentiality of account credentials; (b) all activities conducted under the account; (c) ensuring Authorized Users comply with these Terms; (d) promptly notifying us of any unauthorized access or security breaches.

3.3 User Limits

Customer's subscription plan specifies the number of Authorized Users and monthly interview volume. Customer must not exceed these limits without upgrading to an appropriate plan.

4. Subscription Plans and Billing

4.1 Free Trial

New customers may be eligible for a 30-day free trial. During the trial, Customer has access to Service features as specified in the trial terms. No payment information is required to start a trial. At the end of the trial period, Customer must subscribe to a paid plan to continue using the Service.

4.2 Subscription Plans

Subscription fees are based on: (a) number of Authorized Users; (b) monthly interview volume; (c) storage requirements; (d) additional features selected. Plans are billed monthly or annually in advance. Annual subscriptions receive a discount as specified on our pricing page.

4.3 Payment Terms

• Subscription fees are charged automatically on the billing date
• We accept major credit cards and ACH transfers for enterprise customers
• All fees are exclusive of applicable taxes, which Customer is responsible for
• Late payments may result in service suspension after 15 days notice
• Overages (exceeding plan limits) will be billed at the rates specified in your plan

4.4 Price Changes

We may change subscription prices with 30 days advance notice. Price changes will not affect the current billing period for existing customers. Continued use of the Service after price changes constitutes acceptance of the new pricing.

4.5 Cancellation and Refunds

Customer may cancel their subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds will be provided for partial months or unused interview credits, except: (a) within 14 days of initial subscription for monthly plans; (b) as required by applicable law; (c) at our discretion for service failures or technical issues.

Upon cancellation, Customer will have 30 days to export all Candidate Data before it is permanently deleted.

5. Data Ownership and Usage Rights

5.1 Customer Data

Customer retains all ownership rights to Customer Data and Candidate Data. Customer grants us a limited license to process, store, and analyze this data solely to provide the Service. We will not use Customer Data or Candidate Data for any other purpose without Customer's explicit consent.

5.2 Candidate Data Storage

We store Candidate Data including: (a) resumes and CVs; (b) audio and video interview recordings; (c) interview transcripts; (d) assessment scores and analytics; (e) personal information provided during the application process. Storage duration is configurable by Customer, with default retention of 24 months. Customer may request earlier deletion or extended retention as needed.

5.3 Data Processing

We act as a data processor for Candidate Data. Customer acts as the data controller and is responsible for: (a) obtaining necessary consents from Candidates; (b) providing required privacy notices; (c) ensuring compliance with applicable employment and privacy laws; (d) responding to Candidate data requests.

5.4 Aggregated Data

We may create anonymized, aggregated data from Customer usage for improving our Service, developing new features, and industry benchmarking. This aggregated data does not identify Customer or individual Candidates.

6. Customer Responsibilities and Compliance

6.1 Legal Compliance

Customer is solely responsible for ensuring their use of the Service complies with all applicable laws, including but not limited to: employment laws, anti-discrimination laws, data protection regulations (GDPR, CCPA), and industry-specific regulations. Customer must obtain all necessary consents from Candidates before conducting interviews.

6.2 Candidate Consent and Notice

Customer must: (a) inform Candidates that interviews will be recorded and analyzed by AI; (b) obtain explicit consent for recording and data processing; (c) provide Candidates with access to our Privacy Policy; (d) inform Candidates of their rights regarding their data; (e) comply with all applicable notice requirements under employment and privacy laws.

6.3 Fair and Non-Discriminatory Use

Customer agrees to use the Service in a fair and non-discriminatory manner. AI assessments should be used as one factor in hiring decisions, not as the sole determining factor. Customer is responsible for ensuring their hiring practices comply with equal employment opportunity laws and anti-discrimination regulations.

6.4 Prohibited Uses

Customer agrees not to:

• Use the Service for any illegal or unauthorized purpose
• Conduct interviews without proper Candidate consent
• Share account credentials with unauthorized parties
• Attempt to reverse engineer, decompile, or extract our AI models
• Upload malicious code, viruses, or harmful content
• Interfere with or disrupt the Service or our servers
• Create multiple accounts to circumvent usage limits
• Use the Service to discriminate against protected classes
• Resell or redistribute the Service without authorization

7. Candidate Rights and Data Requests

Candidates have rights regarding their data under applicable privacy laws. When we receive data requests from Candidates:

• Access Requests: We will provide Candidates with copies of their interview data and assessment results
• Correction Requests: We will correct inaccurate Candidate information upon request
• Deletion Requests: We will delete Candidate data subject to Customer's retention requirements and legal obligations
• Objection Rights: Candidates may object to certain data processing activities

Customer acknowledges that we may need to fulfill these requests and agrees to cooperate. Customer remains responsible for responding to Candidate requests related to hiring decisions and employment matters.

8. Intellectual Property Rights

8.1 Our IP

We retain all ownership rights to the Service, including: (a) software, algorithms, and AI models; (b) user interface and design; (c) trademarks, logos, and branding; (d) documentation and training materials; (e) any improvements or derivatives we create. Customer receives only a limited, non-exclusive, non-transferable license to use the Service during the subscription term.

8.2 Customer IP

Customer retains all ownership rights to Customer Data and Candidate Data. Customer grants us only the rights necessary to provide the Service. We will not claim ownership of Customer's proprietary interview questions, evaluation criteria, or other confidential business information.

9. Service Level and Availability

We strive to maintain 99.5% uptime for the Service, excluding scheduled maintenance. We will provide advance notice of scheduled maintenance when possible. We are not responsible for downtime caused by: (a) factors outside our control; (b) Customer's internet connectivity; (c) Customer's equipment or software; (d) force majeure events.

Enterprise customers may be eligible for enhanced SLA terms with guaranteed uptime and priority support. Contact us for Enterprise SLA details.

10. Data Security and Breach Limitations

10.1 Security Measures

We implement industry-standard security measures to protect Customer Data and Candidate Data, including encryption, access controls, and regular security audits. However, no system is completely secure, and we cannot guarantee absolute security of data transmitted or stored through the Service.

10.2 Customer Responsibility for Data Security

Customer is responsible for: (a) maintaining the security of their account credentials; (b) implementing appropriate security measures for their own systems; (c) ensuring Authorized Users follow security best practices; (d) promptly notifying us of any suspected security incidents; (e) maintaining backup copies of critical data.

10.3 Limitation of Liability for Security Incidents

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR:

• UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER DATA OR CANDIDATE DATA
• DATA BREACHES, SECURITY INCIDENTS, OR CYBERATTACKS BY THIRD PARTIES
• LOSS, CORRUPTION, OR DELETION OF DATA DUE TO SECURITY INCIDENTS
• HACKING, PHISHING, MALWARE, RANSOMWARE, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS ACTIVITIES
• MISUSE OF DATA BY UNAUTHORIZED THIRD PARTIES
• DAMAGE OR LOSS RESULTING FROM CUSTOMER'S FAILURE TO SECURE THEIR ACCOUNT
• CONSEQUENCES OF CUSTOMER SHARING ACCOUNT CREDENTIALS
• ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICE
• BUGS, ERRORS, OR TECHNICAL MALFUNCTIONS WHICH MAY BE TRANSMITTED BY ANY THIRD PARTY
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE SERVICE

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA.

10.4 Data Breach Notification

In the event of a confirmed data breach affecting Customer Data, we will notify Customer within 72 hours of discovery, as required by applicable law. Customer acknowledges that: (a) we will cooperate in investigating the breach; (b) Customer is responsible for notifying affected Candidates and regulatory authorities as required by law; (c) our liability for any breach is limited as set forth in Section 11 (Limitation of Liability).

10.5 No Guarantee Against Data Loss

WHILE WE MAINTAIN REGULAR BACKUPS, WE DO NOT GUARANTEE THAT DATA WILL BE RECOVERABLE IN ALL CIRCUMSTANCES. CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF CRITICAL DATA. WE ARE NOT LIABLE FOR ANY DATA LOSS, CORRUPTION, OR UNAVAILABILITY, WHETHER DUE TO TECHNICAL FAILURES, SECURITY INCIDENTS, FORCE MAJEURE, OR ANY OTHER CAUSE.

11. Warranties and Disclaimers

11.1 Our Warranties

We warrant that: (a) we have the right to provide the Service; (b) the Service will perform substantially as described; (c) we will use commercially reasonable efforts to maintain Service security.

11.2 Disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT: (a) THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) AI ASSESSMENTS WILL BE COMPLETELY ACCURATE; (c) THE SERVICE WILL MEET ALL YOUR REQUIREMENTS.

AI-GENERATED ASSESSMENTS ARE TOOLS TO ASSIST HIRING DECISIONS, NOT DEFINITIVE DETERMINATIONS. CUSTOMER REMAINS SOLELY RESPONSIBLE FOR ALL HIRING DECISIONS AND EMPLOYMENT PRACTICES.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE ARE NOT LIABLE FOR LOST PROFITS, LOST DATA, LOST REVENUE, OR BUSINESS INTERRUPTION
• WE ARE NOT LIABLE FOR CUSTOMER'S HIRING DECISIONS OR EMPLOYMENT PRACTICES
• WE ARE NOT LIABLE FOR THIRD-PARTY CLAIMS ARISING FROM CUSTOMER'S USE OF THE SERVICE
• WE ARE NOT LIABLE FOR DATA BREACHES, SECURITY INCIDENTS, UNAUTHORIZED ACCESS, OR CYBERATTACKS
• WE ARE NOT LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES
• WE ARE NOT LIABLE FOR DAMAGE TO CUSTOMER'S REPUTATION OR GOODWILL
• WE ARE NOT LIABLE FOR REGULATORY FINES, PENALTIES, OR LEGAL COSTS INCURRED BY CUSTOMER
• WE ARE NOT LIABLE FOR CLAIMS BY CANDIDATES OR THIRD PARTIES RELATED TO DATA HANDLING

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING THOSE RELATED TO DATA BREACHES, SECURITY INCIDENTS, DATA LOSS, UNAUTHORIZED ACCESS, OR MISUSE OF DATA. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. Indemnification

Customer agrees to indemnify, defend, and hold harmless Hifinity and its officers, directors, employees, agents, and affiliates from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees and court costs) arising from or related to:

• Customer's use or misuse of the Service
• Customer's violation of these Terms or any applicable law or regulation
• Customer's hiring decisions, employment practices, or recruitment activities
• Claims by Candidates related to Customer's collection, use, or disclosure of their data
• Customer Data or content uploaded to the Service, including any infringement of third-party rights
• Data breaches or security incidents resulting from Customer's failure to secure their account
• Unauthorized access to Customer Data due to Customer's negligence or sharing of credentials
• Regulatory investigations, fines, or penalties related to Customer's use of the Service
• Claims of discrimination, bias, or unfair hiring practices related to Customer's use of AI assessments
• Third-party claims arising from Customer's violation of privacy laws or data protection regulations

This indemnification obligation survives termination of these Terms and applies even if the claims arise from our negligence, except to the extent caused by our gross negligence or willful misconduct.

14. Term and Termination

14.1 Term

These Terms begin when Customer creates an account and continue until terminated by either party.

14.2 Termination by Customer

Customer may terminate at any time by canceling their subscription. Termination takes effect at the end of the current billing period.

14.3 Termination by Us

We may suspend or terminate Customer's account immediately if: (a) Customer violates these Terms; (b) Customer fails to pay fees; (c) Customer's use poses security or legal risks; (d) required by law. We will provide notice when possible, except in cases of serious violations.

14.4 Effect of Termination

Upon termination: (a) Customer's access to the Service will cease; (b) Customer will have 30 days to export all data; (c) we will delete all Customer Data and Candidate Data after 30 days; (d) Customer remains liable for all fees incurred before termination; (e) provisions that by their nature should survive (IP, liability, indemnification) will continue.

15. Confidentiality

Both parties agree to maintain the confidentiality of any confidential information disclosed during the term of this agreement. Confidential information includes: (a) Customer Data and Candidate Data; (b) business strategies and plans; (c) technical information and trade secrets; (d) pricing and financial information. This obligation survives termination for 3 years.

Confidential information does not include information that: (a) is publicly available; (b) was known prior to disclosure; (c) is independently developed; (d) is lawfully obtained from third parties; (e) must be disclosed by law.

16. Modifications to Terms

We may modify these Terms at any time. Material changes will be communicated via email at least 30 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If Customer does not agree to the changes, Customer may terminate the subscription before the changes take effect.

17. General Provisions

17.1 Governing Law

These Terms are governed by the laws of the State of Oregon, United States, without regard to conflict of law principles. Any disputes will be resolved in the courts of Oregon.

17.2 Entire Agreement

These Terms, together with our Privacy Policy and any Order Forms, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

17.3 Severability

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

17.4 Assignment

Customer may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

17.5 Force Majeure

Neither party will be liable for failure to perform due to causes beyond their reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18. Contact Information

For questions about these Terms of Service, please contact us: