Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") form a binding agreement between you and AI Recruiting Assistant ("we", "us", "the Service"). By registering for an account, inviting others, clicking a candidate invite link, or otherwise using the Service, you agree to these Terms and to our Privacy Policy.

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

2. Description of the Service

RecruitAbility AI is a multi-tenant software-as-a-service platform that helps companies:

• Conduct AI-assisted, AI-led, or human-led interviews (including async video)
• Parse resumes and compute fit scores against job roles
• Administer coding challenges, skills matrices, and multiple-choice assessments
• Manage candidate pipelines, reference checks, and talent pools
• Verify candidate identity and signatures
• Integrate with ATS platforms, calendar systems, and messaging tools

Features, pricing, and availability may change. We will give reasonable notice of material changes.

3. Eligibility

You must be at least 18 years old and legally capable of entering a binding contract. The Service is not intended for or directed at children under 16. Candidates under 18 but over 16 may participate only at the direction of a Customer who has obtained required parental or guardian consent.

4. Account and Security

• You are responsible for safeguarding your credentials and for all activity under your account.
• You will notify us immediately at security@recruitabilityai.com of any suspected unauthorized access.
• We may suspend or disable accounts that show signs of compromise or that violate these Terms.
• You must provide accurate registration information and keep it current.

5. Acceptable Use

You agree not to:

• Use the Service to discriminate unlawfully against candidates on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or any other protected characteristic
• Scrape, bulk-download, or systematically extract data from the Service except through APIs provided for that purpose
• Reverse-engineer, decompile, or attempt to discover source code except to the extent expressly permitted by law
• Introduce malware, viruses, or malicious code
• Interfere with other users' access, probe for vulnerabilities without authorization, or exceed usage quotas
• Use AI outputs as the sole basis for an adverse employment decision without human review (see Section 8)
• Upload content you do not have the right to share (copyrighted material, third-party confidential information, etc.)
• Impersonate another person or submit someone else's resume as your own
• Use the Service to send spam or unsolicited marketing

6. Plans, Billing, and Cancellation

• Plans — Free Trial, Non-Profit, Professional, and Premium, as described on our pricing page. Features and limits differ per plan.
• Billing cycle — Subscriptions renew automatically each month or year, as chosen at checkout. Fees are charged in advance.
• Payment — We use third-party payment processors (Stripe, PayPal, Square, Braintree, Authorize.net). By providing payment information, you authorize charges for your plan.
• Refunds — Subscription fees are non-refundable except where required by law. Trial codes, when approved and issued, provide access as described in the offer.
• Cancellation — You may cancel at any time from your account dashboard. Cancellation stops future renewals; you retain access through the end of the current billing period.
• Taxes — Prices do not include taxes. You are responsible for applicable sales, use, VAT, or similar taxes.
• Past-due accounts — We may suspend the Service for accounts more than 30 days past due, after notice.

7. Candidate Data and Customer Obligations

When you use the Service as a Customer to interview candidates, you act as the Data Controller for candidate data. You represent and agree that:

• You have a lawful basis to collect and process candidate data, and have given candidates the notices required by applicable law
• You will honor candidate rights under GDPR, CCPA, and similar laws — access, deletion, correction, objection, human review
• You will not use the Service to conduct illegal discrimination or to evade equal-employment obligations
• You will comply with applicable AI-hiring disclosure laws (such as NYC Local Law 144, Illinois AIVI Act, and equivalent state/country laws)
• You will keep a human decision-maker in the loop for every advance/reject decision — AI outputs are decision-support, not substitutes for human judgment
• You will handle any recordings consistent with applicable wiretap and consent laws in the candidate's jurisdiction

Enterprise customers can request a Data Processing Addendum (DPA) with Standard Contractual Clauses for EU data transfers.

8. AI Outputs and Hiring Decisions

We disclose that AI models are used for evaluation, but we do not guarantee accuracy, completeness, fairness, or predictive validity. You are responsible for validating AI outputs against your legal and ethical obligations and for running periodic bias audits (the Service includes a Bias Audit feature to assist with this).

9. Intellectual Property

• Our IP — The Service, its software, designs, trademarks, and documentation are our property or that of our licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription, subject to these Terms.
• Your content — You retain ownership of content you or your candidates submit (resumes, interview recordings, code submissions, etc.). You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display such content as necessary to operate the Service.
• Feedback — If you give us suggestions or feedback, we may use it without obligation or compensation.
• AI training — We do not train our own AI models on your candidate content. We transmit content to third-party AI providers only to fulfill your requests; those providers are bound by contractual terms that prohibit training on your content (for enterprise API tiers of OpenAI, Anthropic, and Google Gemini).

10. Confidentiality

Each party will protect the other's confidential information with at least the same care it uses for its own, and will not disclose it except to employees and contractors with a need to know and under confidentiality obligations. Confidential information does not include information that is public, independently developed, or lawfully received from a third party.

11. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN A WRITTEN ENTERPRISE AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT AI OUTPUTS ARE ACCURATE, BIAS-FREE, OR PREDICTIVE OF JOB PERFORMANCE.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) US$100 OR (B) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOST HIRES, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

Some jurisdictions do not allow exclusion of implied warranties or limitation of liability, so parts of this section may not apply to you.

13. Indemnification

You will defend, indemnify, and hold us harmless from any third-party claim arising from (a) your use of the Service in violation of these Terms or applicable law, (b) candidate data you uploaded or directed us to process, or (c) your hiring decisions. We will promptly notify you of any such claim and cooperate in your defense.

14. Termination

• You may terminate at any time by canceling your subscription from the dashboard.
• We may suspend or terminate your account for material breach of these Terms (including non-payment), after giving notice where reasonable.
• On termination, your right to use the Service ends. We will retain data per our Privacy Policy retention schedule. You can request an export of your data for 30 days after termination.
• Provisions that by their nature should survive termination (IP, confidentiality, liability, disputes, indemnification) will survive.

15. Disputes and Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to conflict-of-laws rules. You agree that any dispute will be resolved first through good-faith negotiation, then through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Harrisburg, PA. Nothing in this section prevents either party from seeking injunctive relief in court for IP infringement or misuse of confidential information.

Small claims court remains available for disputes within the small-claims jurisdictional limit.

16. Changes to Terms

We may update these Terms. Material changes will be announced at least 30 days in advance via email and a banner in the Service. Continued use after the effective date of changes constitutes acceptance. The "Last updated" date above always reflects the current version.

17. Contact

• General: hello@recruitabilityai.com
• Privacy: privacy@recruitabilityai.com
• Security: security@recruitabilityai.com
• Postal: Go Green Paperless Initiative, LLC (DBA RecruitAbility AI), 5904 Locust Ln, Harrisburg, PA 17109, USA