Effective 31 August 2026. Version 3.0. These terms replace all earlier versions.
Please read sections 5, 9, 10 and 11 carefully. They disclaim warranties,
limit what we owe you if something goes wrong, allocate the risk of data loss, and require you to keep your
own records. They are the sections that decide what happens on a bad day.
1. Agreement
These Terms of Service form a binding agreement between you and Xeontrix LLC trading as AIHire
("AIHire", "we", "us"). By creating an account, accessing the platform, or taking an interview or assessment
through it, you accept them. If you accept on behalf of an organisation, you confirm you have authority to
bind it, and "you" means that organisation.
2. Definitions
- Customer - an employer or organisation with an AIHire account.
- Candidate - a person who applies, is invited, or takes an interview or assessment.
- Customer Data - all data a Customer or its Candidates submit to, or that is generated for a Customer through, the platform.
- AI Output - any transcript, translation, score, grade, ranking, summary, report, question, job description or other content generated by the platform's automated systems.
3. The service
AIHire provides AI-assisted hiring software: job publication, candidate applications, automated
assessments, AI-conducted interviews, session recording and analysis, reporting and related tooling. We may
add, change or remove features. Where a change materially reduces core functionality you are paying for, we
will give reasonable notice.
4. Your account and acceptable use
- Keep your credentials secure. You are responsible for everything done under your account, and you must tell us promptly at security@aihire.io if you suspect unauthorised access
- Do not use the platform to break the law, infringe rights, or harass anyone
- Do not upload malware, attempt to breach tenant isolation, probe or load-test the service without written permission, scrape it, or reverse engineer it except to the extent that restriction is unenforceable in your jurisdiction
- Do not resell, sublicense or white-label the service without a written agreement
- Do not use the platform to collect special category data, to ask candidates unlawful questions, or to make decisions on a basis prohibited by employment law
- Do not use AI Output to build a competing model or dataset
We may suspend an account immediately where there is a credible risk to the platform, to other customers,
or of legal liability, and we will tell you why as soon as we reasonably can.
5. Artificial intelligence: what we do and do not promise
AI Output is provided for decision support only, on an "as is" basis, with no
warranty of accuracy, completeness, fairness, reliability or fitness for any hiring decision.
Large language models can produce output that is wrong, biased, fabricated, or inconsistent between runs.
- You must not use AI Output as the sole basis for rejecting, ranking, shortlisting, or selecting any person. Meaningful human review is your responsibility on every decision that affects a candidate
- Scores, integrity summaries and proctoring signals are indicators, not findings of fact and not accusations of misconduct
- AI Output is not legal, employment, medical, financial or immigration advice
- Transcription and translation accuracy varies with audio quality, accent, dialect, speech difference and background noise. Proctoring signals can produce false positives, including for candidates with disabilities, assistive technology, caring responsibilities or poor connectivity. You must account for this and provide reasonable accommodations
- We do not warrant that any hire will be successful, that any candidate assessment is predictive of job performance, or that use of the platform will produce a lawful outcome in your jurisdiction
- Detail on the AI systems, their known limitations and the oversight expected of you is on the AI Disclosure page, which forms part of these terms
6. Your responsibilities as controller and deployer
For Candidate data you are the data controller and we are your processor, on the terms of our
Data Processing Agreement, which is incorporated into these
terms. Under the EU AI Act you are also the deployer of a high-risk AI system when you use
this platform to evaluate people for employment. Accordingly, you are responsible for:
- Having a lawful basis for every use of the platform, and giving candidates the notices their law requires before they are assessed
- Assigning competent human oversight to AI Output, and ensuring reviewers have the authority and the time to override it
- Informing candidates that a high-risk AI system is used in the process, and handling their requests for explanation, human review and appeal
- Compliance with employment, equality and anti-discrimination law wherever you hire. This includes, without limitation, Title VII and the ADA and applicable EEOC guidance in the United States, New York City Local Law 144 and its bias-audit and notice requirements, the Illinois Artificial Intelligence Video Interview Act, the Colorado AI Act, the EU AI Act and the GDPR
- Carrying out any bias audit, data protection impact assessment or fundamental rights impact assessment your law requires. We will provide reasonable information to support one
- Configuring retention, recording and automatic thresholds appropriately for your jurisdiction, and reviewing the effect of any automatic threshold you enable
- The accuracy and lawfulness of everything you upload, including job descriptions, prompts, custom instructions and candidate lists
7. Credits, fees and billing
- Paid features consume credits. Prices, credit costs and included allowances are as shown in the product at the time of purchase
- Credits are consumed when the chargeable action occurs, including per-minute charges for live AI interview time. Consumption is metered server-side and that record is definitive
- Credits are prepaid, non-refundable and non-transferable except where a mandatory consumer or statutory right says otherwise. Unused credits expire on the terms shown at purchase
- We may change prices with thirty days' notice. Changes do not affect credits already bought
- Fees exclude taxes. You are responsible for applicable sales tax, VAT and withholding
- Unpaid amounts may lead to suspension after notice
8. Intellectual property
- We own the platform, its software, models configuration, prompts, and all rights in them. You get a limited, revocable, non-exclusive, non-transferable right to use it during your subscription
- You own your Customer Data. You grant us a licence to host, process, transmit, display and create derived output from it strictly to provide the service, to secure it, and to comply with law
- As between you and us, AI Output generated for you is yours to use for your own hiring, subject to these terms. We make no representation that AI Output is original, non-infringing, or capable of protection
- Feedback you send us may be used freely and without obligation
9. Disclaimer of warranties
To the maximum extent permitted by applicable law, the platform, the AI output and all related
materials are provided "as is" and "as available", without warranty of any kind, whether express, implied
or statutory. We specifically disclaim the implied warranties of merchantability, fitness for a particular
purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or usage of
trade. We do not warrant that the platform will be uninterrupted, timely, secure, error free, free of
harmful components, or that any defect will be corrected, that data will not be lost or corrupted, or that
the results obtained from the platform will be accurate, unbiased, complete or reliable.
No advice or information, oral or written, obtained from us or through the platform creates any warranty
not expressly stated here. Some jurisdictions do not allow the exclusion of certain implied warranties, so
parts of this section may not apply to you, and nothing here limits the statutory rights of a consumer that
cannot be limited by contract.
10. Data loss, backups and your obligation to keep records
You are responsible for maintaining your own copies of anything you cannot afford
to lose. The platform is not, and must not be relied on as, your system of record, your archive, or
your backup.
- We take reasonable measures to protect and back up the platform, but we do not warrant that any particular item of Customer Data will be preserved, recoverable, or restorable, and we offer no recovery time or recovery point objective unless one is stated in a separate signed agreement
- Customer Data may be lost, corrupted, made inaccessible or deleted through causes including hardware and network failure, software defect, third-party provider failure or outage, security incident, your own or your users' actions, deletion by you or by a member of your team, expiry of a retention period you configured, or account termination
- You must export and retain your own copies of applications, reports, recordings, transcripts and any other record you are required to keep or may later need, including for statutory record-keeping, audit or the defence of a legal claim. Export tools are provided in the product and through the ATS API
- Session media is captured and uploaded from the candidate's browser over the public internet. A recording can be incomplete or absent because of a device, browser, permission or connectivity failure on the candidate's side. We do not warrant that any given session will be successfully recorded, uploaded, transcribed or analysed
- Deletion is intended to be permanent. Once data is deleted, whether by you, by your retention settings, or on termination, we cannot recover it
- To the maximum extent permitted by law, we are not liable for any loss, corruption, deletion, inaccessibility or unrecoverability of Customer Data or AI Output, or for any consequence of it, including a hiring decision made or missed, a claim you cannot defend, or a record you cannot produce
- Where a mandatory law makes us liable for data loss despite the above, our liability is subject to the cap in section 11
11. Limitation of liability
11.1 Excluded losses. To the maximum extent permitted by applicable
law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages,
or for loss of profits, revenue, goodwill, reputation, anticipated savings, business opportunity, or the cost
of substitute services, or for loss of, corruption of, or inability to access data, however
caused and on any theory of liability, whether in contract, tort including negligence, strict liability or
otherwise, and whether or not the party was advised of the possibility of such damages.
11.2 Cap. To the maximum extent permitted by applicable law, our
total aggregate liability arising out of or relating to these terms, the platform, or the AI Output, for all
claims in aggregate, will not exceed the total amount you actually paid us for the platform in the twelve
months immediately preceding the event first giving rise to the claim. Where you have paid us nothing in that
period, our total aggregate liability will not exceed one hundred United States dollars.
11.3 Hiring outcomes. To the maximum extent permitted by applicable
law, we are not liable for any hiring, rejection, ranking, shortlisting or employment decision, for any claim
brought by a candidate or an employee against you arising from such a decision, for any regulatory penalty
imposed on you, or for any discrimination, bias or fairness claim arising from your use of AI Output. Those
decisions are yours, and section 6 requires you to make them with human review.
11.4 What is never excluded. Nothing in these terms excludes or limits
liability that cannot lawfully be excluded or limited. That includes liability for death or personal injury
caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct
where applicable law does not permit its exclusion, for a party's own breach of applicable data protection
law to the extent that law forbids limitation, and any non-excludable statutory or consumer right.
11.5 Allocation of risk and severability. The exclusions and limits in
sections 9, 10 and 11 are a fundamental basis of the bargain and reflect the price of the service; they apply
even if a limited remedy fails of its essential purpose. If any part of them is held unenforceable, it is to be
reduced to the minimum extent necessary to be enforceable and the remainder stays in full force.
12. Indemnity
You will defend, indemnify and hold harmless AIHire, its affiliates and their personnel from and against any
third-party claim, and any resulting loss, liability, damage, penalty, cost and reasonable legal fee, arising
out of or relating to: (a) your Customer Data, or the content of any job, prompt or instruction you supply;
(b) your use of the platform or of AI Output, including any hiring, rejection or ranking decision; (c) your
breach of these terms; (d) your breach of employment, equality, privacy, AI or data protection law; or (e) a
claim by a candidate or employee relating to a decision you made. We will notify you of the claim, let you
control the defence with counsel reasonable to us, and cooperate at your expense. You may not settle a claim in
a way that imposes an obligation or admission on us without our written consent.
13. Term, suspension and termination
- These terms run while you have an account. You may close your account at any time
- We may suspend or terminate for material breach that is not cured within fifteen days of notice, for non-payment, for conduct that creates legal or security risk, or immediately where required by law
- On termination your licence ends. Export your data before you terminate. Customer Data is deleted on the schedule set out in the Data Retention Policy, after which it cannot be recovered
- Sections 5, 8, 9, 10, 11, 12, 14 and 15 survive termination
14. Force majeure
Neither party is liable for a failure or delay caused by an event beyond its reasonable control, including
act of God, natural disaster, war, terrorism, civil unrest, epidemic, labour dispute, act of government,
failure of the public internet, failure or outage of a third-party hosting, storage, model or communications
provider, or a large-scale cyber attack. Payment obligations already accrued are not excused.
15. Governing law and disputes
These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict
of laws rules, and the state and federal courts located in Delaware have exclusive jurisdiction, save that
either party may seek injunctive relief in any competent court to protect its intellectual property or
confidential information. If you are a consumer resident in the European Economic Area or the United
Kingdom, this section does not deprive you of the protection of the mandatory law of your country of residence,
nor of the right to bring proceedings in the courts of that country. The parties will attempt to resolve
any dispute in good faith for thirty days before commencing proceedings.
16. General
- Entire agreement. These terms, the Privacy Policy, the Data Processing Agreement, the AI Disclosure and the Data Retention Policy are the entire agreement and supersede all prior understandings
- Order of precedence. Where a signed order form or master agreement conflicts with these terms, the signed document prevails; otherwise these terms prevail over any purchase order or vendor form you issue
- Changes. We may update these terms. Material changes take effect thirty days after we post them or notify you, and continued use after that is acceptance. If you do not accept, stop using the platform and contact us about unused credits
- Assignment. You may not assign without our written consent. We may assign to an affiliate or a successor in a merger or acquisition
- Severability and waiver. If a provision is unenforceable it is modified to the minimum extent needed, or severed, and the rest survives. A failure to enforce is not a waiver
- No third-party beneficiaries, except that our affiliates and personnel may enforce sections 9 to 12
- Notices. To us at legal@aihire.io; to you at the email on your account
Questions about these terms: legal@aihire.io