Terms of Service

Effective Date: January 1, 2025 | Last Updated: November 11, 2025

1. Acceptance of Terms

By accessing, browsing, or using Candidate Audit ("Service," "Platform," "we," "us," or "our"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of that organization.

2. Description of Service

2.1 AI-Powered Candidate Evaluation

Candidate Audit provides an AI-powered platform that:

• Analyzes candidate resumes, cover letters, and supporting documents
• Generates comprehensive hiring assessments using six specialized AI agents
• Provides recommendations and insights to support hiring decisions
• Manages candidate workflows and campaign analytics

2.2 AI Advisory Service

Critical Notice: Our AI system provides advisory assessments only. The Service does not make hiring decisions. All employment decisions, including but not limited to hiring, promotion, and termination, remain solely the responsibility of you and your organization. You must conduct your own evaluation and comply with all applicable employment laws.

2.3 Beta Access

During the beta period, access to the Service is by invitation only. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice.

3. Eligibility and Account Registration

3.1 Age and Capacity

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Service. By using the Service, you represent and warrant that you meet these requirements.

3.2 Account Information

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities under your account

3.3 Organization Accounts

If you create an organization account, you are responsible for all activity within that organization and for ensuring that all members comply with these Terms.

4. Acceptable Use Policy

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. Specifically, you may:

• Upload candidate materials for legitimate hiring evaluation purposes
• Generate AI assessments to inform your hiring process
• Manage hiring campaigns and candidate workflows
• Export reports and data for internal use

4.2 Prohibited Activities

You agree NOT to:

• Discriminate: Use the Service in any manner that violates employment discrimination laws, including Title VII of the Civil Rights Act, ADA, ADEA, or other applicable laws
• Violate Privacy: Upload candidate information without proper authorization or consent
• Reverse Engineer: Decompile, disassemble, or attempt to discover the source code of the Service
• Misuse AI: Attempt to manipulate, bias, or circumvent the AI evaluation system
• Share Access: Share your login credentials or account access with unauthorized parties
• Scrape or Bot: Use automated systems to access the Service without permission
• Overload Systems: Engage in any activity that disrupts or interferes with the Service
• Violate Laws: Use the Service for any illegal or unauthorized purpose
• Resell Service: Resell, sublicense, or redistribute the Service without written permission

5. Candidate Data and Privacy

5.1 Your Responsibilities

When uploading candidate information, you represent and warrant that:

• You have obtained all necessary consents and authorizations to collect and process candidate data
• You will comply with all applicable employment and privacy laws (including EEOC, FCRA, CCPA, etc.)
• You will use candidate data only for legitimate hiring purposes
• You will not upload false, misleading, or discriminatory information
• You are responsible for the accuracy and legality of all uploaded content

5.2 Data Processing Agreement

We process candidate data as a service provider on your behalf. You retain ownership of all candidate data you upload. Our processing is governed by our Privacy Policy.

5.3 EEOC Compliance

Important: You are responsible for ensuring that your use of AI-powered hiring tools complies with EEOC guidelines and does not result in discriminatory hiring practices. We recommend periodic audits of hiring outcomes and consulting with legal counsel regarding AI use in employment decisions.

6. Payment and Billing

6.1 Credit-Based System

The Service operates on a credit-based pricing model. You purchase credits that are consumed when you use AI evaluation services. Credit packages and pricing are available on our pricing page.

6.2 Payment Processing

Payments are processed securely through Stripe. By providing payment information, you authorize us to charge your payment method for the services you purchase. All fees are non-refundable unless otherwise stated.

6.3 Beta Pricing

During the beta period, special pricing may apply. We reserve the right to change pricing at any time with 30 days' notice. Price changes will not affect credits already purchased.

6.4 Taxes

All fees are exclusive of applicable taxes (including sales tax, VAT, and similar taxes). You are responsible for paying all applicable taxes associated with your use of the Service.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including all software, algorithms, AI models, text, graphics, logos, and other content, is owned by Candidate Audit or our licensors and is protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with these Terms. This license does not include any right to:

• Modify, copy, or create derivative works of the Service
• Reverse engineer or attempt to extract source code
• Remove or alter any proprietary notices
• Use the Service to build a competitive product or service

7.3 Your Content

You retain all ownership rights to content you upload (candidate resumes, job descriptions, etc.). By uploading content, you grant us a limited license to:

• Store, process, and analyze the content to provide the Service
• Use aggregated, anonymized data to improve our AI models
• Display assessment results back to you

We will not share your specific candidate data with third parties except as described in our Privacy Policy.

7.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback into the Service without compensation to you.

8. AI System Limitations and Disclaimers

8.1 No Guarantee of Accuracy

Critical Disclaimer: Our AI system is not perfect. AI-generated assessments may contain errors, biases, or inaccuracies. You must independently verify all information and not rely solely on AI recommendations for hiring decisions.

8.2 Human Oversight Required

You acknowledge that:

• AI assessments are probabilistic and may not reflect actual candidate capabilities
• The Service cannot detect all relevant information or context
• Human judgment is essential for fair and legal hiring decisions
• You must conduct interviews, reference checks, and other due diligence

8.3 Bias and Fairness

While we strive to minimize bias in our AI models, no system is completely bias-free. You are responsible for:

• Monitoring hiring outcomes for disparate impact
• Ensuring compliance with equal employment opportunity laws
• Conducting adverse impact analyses as required by law
• Providing human review of AI-generated assessments

9. Service Availability and Modifications

9.1 Availability

While we strive for high availability, we do not guarantee that the Service will be available 100% of the time. The Service may be unavailable due to:

• Scheduled maintenance
• Emergency repairs
• Internet or network failures
• Third-party service disruptions
• Force majeure events

9.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

10. Warranties and Disclaimers

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Merchantability: We do not warrant that the Service is suitable for your purposes
• Fitness for Purpose: We do not guarantee the Service will meet your requirements
• Non-Infringement: We do not warrant that the Service does not infringe third-party rights
• Accuracy: We do not guarantee the accuracy of AI-generated assessments
• Availability: We do not guarantee uninterrupted or error-free service

10.2 No Employment Liability

We are not responsible for any employment decisions you make based on Service output. You assume all risk associated with hiring decisions.

11. Limitation of Liability

11.1 Cap on Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) $100 OR (B) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

11.2 Exclusion of Consequential Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Lost profits or revenue
• Loss of data or information
• Business interruption
• Wrongful hiring or termination claims
• Discrimination lawsuits
• Reputational harm

This limitation applies even if we have been advised of the possibility of such damages.

11.3 State Law Variations

Some states do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

12. Indemnification

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

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights (including employment rights)
• Any hiring decisions you make based on Service output
• Any content you upload to the Service

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us at support@candidateaudit.com. Termination does not entitle you to a refund of unused credits.

13.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your account poses a security risk
• We are required to do so by law
• We discontinue the Service

13.3 Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases
• We may delete your account and data after 30 days
• You remain liable for any outstanding fees
• Sections 7, 10, 11, 12, and 15 survive termination

14. Dispute Resolution

14.1 Informal Resolution

Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us at legal@candidateaudit.com. We will attempt to resolve the dispute within 30 days.

14.2 Arbitration Agreement

If informal resolution fails, you agree that any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Key terms:

• Arbitration will be conducted in [Your State/Location]
• The arbitrator's decision is final and binding
• Each party bears its own costs and attorneys' fees
• Arbitration is confidential

14.3 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive any right to participate in class actions, class arbitrations, or representative actions.

14.4 Exceptions

Either party may seek injunctive relief in court for intellectual property violations or confidentiality breaches.

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of the United States and the state of [Your State], without regard to conflict of law principles.

15.2 Entire Agreement

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

15.3 Severability

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

15.4 No Waiver

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

15.5 Assignment

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

15.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or Internet failures.

15.7 Updates to Terms

We may update these Terms from time to time. Material changes will be notified via:

• Email to your registered address
• Prominent notice on the Service
• Updated "Last Updated" date at the top of these Terms

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

16. Contact Information

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

17. Additional Resources

• Privacy Policy