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Terms and Conditions

Effective Date: May 1, 2026
Last Updated: May 1, 2026

These Terms and Conditions govern your use of the JivaHire Candidate Hub platform (the "Service"). By accessing, registering, or using the Service, you agree to these terms. If you do not agree, you may not use the Service.

1. Eligibility & Account Registration

1.1 Eligibility

You must be:
- At least 18 years of age
- Authorized to act on behalf of your organization
- Not prohibited by law from using the Service

1.2 Organization Email Domains

  • Registration is only allowed with organization/corporate email domains (e.g., @company.com)
  • Public email domains are not allowed (Gmail, Yahoo, Hotmail, Outlook, etc.)
  • The first recruiter to register from a domain becomes the Organization Admin
  • Additional team members from the same domain join as non-admin members

1.3 Your Account is Your Responsibility

  • You are responsible for maintaining the confidentiality of your password and credentials
  • You are liable for all activities under your account
  • Notify us immediately of unauthorized access: support@jivahire.com
  • Do not share your account with others

1.4 Account Termination

  • You may delete your account at any time via account settings
  • We may suspend or terminate your account if you violate these Terms or applicable law
  • Upon termination, your data is retained per our Privacy Policy (2 years retention schedule)

2. Service Description

The Service provides:
- Job posting and management
- Candidate pipeline and application management
- Interview coordination (video, coding, custom)
- AI-powered interview question generation and scoring
- Candidate search and job-candidate matching
- Team collaboration and organization management
- Activity logs and recruitment metrics

2.1 Service Availability

  • We use reasonable efforts to maintain availability
  • No Service Level Agreement (SLA) is guaranteed
  • Service may be subject to scheduled maintenance, emergency patches, infrastructure failures, or force majeure events
  • We will provide advance notice of maintenance when possible

2.2 Third-Party Integrations

  • The Service integrates with Candidate Hub (candidate data), AWS (infrastructure), SendGrid (email), OpenRouter (LLM), and Cloudflare (bot protection)
  • Third-party services are governed by their own terms and privacy policies
  • We are not responsible for third-party performance, security, or compliance

3. Acceptable Use

3.1 You Will

  • Use the Service only for lawful recruitment and hiring purposes
  • Comply with all employment law, anti-discrimination statutes, and privacy regulations
  • Respect candidate privacy and obtain consent where required (e.g., video recording, data sharing)
  • Keep your account information accurate and current
  • Report security vulnerabilities responsibly

3.2 You Will NOT

  • Engage in illegal activity, fraud, harassment, or abuse
  • Attempt to bypass security, circumvent access controls, or scrape data without authorization
  • Introduce malware, viruses, or harmful code
  • Discriminate based on protected characteristics (race, gender, age, religion, disability, national origin, etc.)
  • Harass, threaten, or abuse candidates, recruiters, or team members
  • Sell, rent, or commercialize candidate data beyond recruitment purposes
  • Share credentials or allow unauthorized access to your account
  • Reverse engineer or decompile the Service
  • Spam or send unsolicited messages to candidates outside your pipeline
  • Abuse the Service in ways that degrade performance for other users

4. Intellectual Property

4.1 Our IP

  • The Service (software, code, algorithms, interfaces, templates, documentation, trademarks) is the exclusive property of JivaHire or its licensors
  • We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for recruitment purposes only
  • You may not sublicense, sell, lease, or transfer the Service to unauthorized third parties

4.2 Your Content

  • You retain ownership of content you create (job descriptions, interview notes, feedback)
  • By uploading content, you grant JivaHire a worldwide, royalty-free license to use, display, analyze, and improve the Service
  • You must ensure you have the right to upload and share content with the Service

4.3 Candidate Data

  • Candidate data and resumes are subject to privacy laws and your obligations as a recruiter
  • You are responsible for obtaining candidate consent (e.g., video recording, LLM analysis, data sharing with Candidate Hub)
  • JivaHire is not responsible for your compliance with privacy laws

5. Fees & Payment

Pricing and billing terms are provided separately in your Subscription Agreement. General terms:
- We may change pricing with 30 days' notice
- Payment is due per your agreement (typically 30 days from invoice)
- Late payment may result in service suspension or termination
- You are responsible for all applicable taxes (sales tax, VAT, GST, etc.)
- Refunds are subject to your specific Subscription Agreement

6. Data Responsibility

6.1 You Are the Data Controller

You are responsible for:
- Obtaining recruiter consent for account creation and data processing
- Obtaining candidate consent for data collection, video recording, LLM analysis, and data sharing with Candidate Hub
- Complying with employment law, anti-discrimination statutes, and privacy regulations (GDPR, CCPA, India Privacy Framework)
- Ensuring data accuracy and minimizing unnecessary data collection
- Responding to candidate data subject access, deletion, and portability requests
- Ensuring compliance with applicable privacy laws

6.2 We Are the Processor

We process data on your behalf, per your instructions and applicable law. See our Privacy Policy and Data Processing Agreement (DPA) for details on how we handle personal data.

6.3 GDPR/Data Protection

For customers in the EU/EEA or subject to GDPR:
- We have signed a Data Processing Agreement (DPA) that incorporates EU Standard Contractual Clauses (SCCs)
- We comply with data subject rights: access, rectification, erasure, portability, restriction, objection
- We use industry-standard security measures (encryption, access controls, monitoring)
- We will notify you of data breaches without undue delay (target: within 24–48 hours)
- We comply with legal requests from authorities and will notify you when legally permissible

7. AI/LLM & Automated Content

7.1 AI-Generated Questions & Scoring

  • The Service uses AI/LLM to generate interview questions, analyze job-candidate fit, and score interviews
  • Important: LLM outputs may be inaccurate, incomplete, biased, or harmful
  • You are responsible for reviewing, validating, and approving all AI-generated content before use
  • You must ensure LLM use complies with anti-discrimination and employment laws
  • We do not guarantee accuracy, fairness, or legal compliance of AI-generated content

7.2 Your Hiring Decisions

  • Interview scores and assessments are tools to assist decision-making, not definitive hiring decisions
  • You must apply fair, lawful hiring practices and human review
  • Do not rely solely on automated scoring for hiring decisions

7.3 Video Recording & Consent

  • You are responsible for obtaining candidate consent for video recording
  • You must inform candidates that interviews will be recorded and how data will be used
  • You must comply with all applicable two-party consent laws
  • You must store candidate video data securely

8. Limitation of Liability

8.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. We disclaim warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, or non-infringement.

We do not warrant that:
- The Service will meet your requirements
- The Service will be uninterrupted, error-free, or secure
- Any errors will be corrected
- Candidate matching or interview scoring will be perfectly accurate

8.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- JivaHire shall not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including:
- Lost profits, revenue, business opportunities, or anticipated savings
- Loss of data, reputation, or goodwill
- Costs of substitute services
- Damages arising from third-party claims, even if advised of possibility

8.3 Cap on Total Liability

JivaHire's total liability arising from these Terms or your use of the Service shall not exceed:
- Amounts you paid us in the 12 months preceding the claim, or
- $100 USD (if no payment was made)

Exceptions: This cap does not apply to:
- Your indemnification obligations
- Your violation of our intellectual property rights
- Gross negligence or willful misconduct by JivaHire
- Data breaches caused by our negligence (governed separately by DPA)
- Rights that cannot be waived by law

9. Indemnification

You agree to indemnify, defend, and hold harmless JivaHire from all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of the Service in violation of these Terms or applicable law
- Candidate data you process (privacy violations, data breaches, compliance failures)
- Your content (job postings, interview questions, feedback)
- Your non-compliance with employment law, privacy laws, or anti-discrimination statutes
- Claims by candidates or third parties related to your recruitment process
- AI-generated content to the extent arising from your use or configuration
- Candidate harm or claims related to your interviews/assessments

10. Confidentiality

10.1 Your Obligations

You will maintain confidentiality of JivaHire's proprietary information (Service documentation, APIs, algorithms, security practices, pricing).

10.2 Our Obligations

We will maintain confidentiality of your organization data and candidate data, using the same level of care as our own confidential information (but no less than reasonable care).

10.3 Exceptions

Confidentiality obligations do not apply to information that:
- Was publicly available through no fault of the recipient
- Was rightfully received from a third party without confidentiality obligation
- Was independently developed without use of confidential information
- Is required to be disclosed by law or court order

11. Term & Termination

11.1 Term

  • These Terms are effective when you accept them
  • Your subscription term is specified in your Subscription Agreement (typically month-to-month or annual)

11.2 Termination by You

  • You may terminate by deleting your account or providing 30 days' written notice
  • Termination is effective at the end of the current billing cycle

11.3 Termination by JivaHire

JivaHire may terminate or suspend your access if:
- Material breach: You violate these Terms and fail to cure within 15 days of written notice
- Illegal activity: Your use violates applicable law or we receive a legal order requiring termination
- Abuse: You abuse the Service, harass others, or engage in prohibited conduct
- Non-payment: You fail to pay fees within 15 days of invoice
- Inactivity: Your account is inactive for 120+ days
- Immediate: For security threats, legal compliance, or gross violations, we may terminate immediately

11.4 Effects of Termination

  • Your access ceases immediately
  • Your license to use the Service is terminated
  • You remain responsible for fees accrued through termination
  • Your data is retained per Privacy Policy (2 years retention)
  • You may request data export within 30 days

12. Third-Party Services

The Service integrates with Candidate Hub, AWS, SendGrid, OpenRouter, and Cloudflare. We do not endorse these services and are not responsible for their performance, security, privacy, or legal compliance. Use third-party services at your own risk and review their terms and privacy policies.

13. Prohibited Conduct

13.1 Monitoring & Investigation

We may monitor your use of the Service to detect violations, enforce compliance, investigate security incidents, and prevent fraud.

13.2 Enforcement

If we determine a violation, we may issue a warning, suspend your account, terminate your account, report to authorities, or take legal action.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the United States (State of Delaware) and the laws of India (where applicable to data processing), without regard to conflict of law principles.

14.2 Informal Resolution

Before initiating formal proceedings, the parties agree to attempt informal resolution:
1. Send a written notice describing the dispute to support@jivahire.com
2. Parties will negotiate in good faith for 30 days
3. If unresolved, either party may pursue formal remedies (arbitration or litigation)

14.3 Binding Arbitration (Preferred)

Any dispute arising from these Terms or your use of the Service shall be resolved by binding arbitration under the UNCITRAL Arbitration Rules, not in court:
- Arbitrator: Single arbitrator (for claims under $50,000) or three arbitrators (for larger claims)
- Location: New York, USA (or online if parties agree)
- Language: English
- Costs: Each party pays its own attorneys' fees; arbitrator costs split equally
- Exceptions: IP infringement, confidentiality breaches, and urgent injunctive relief may be brought in court

14.4 Class Action Waiver

You agree that any arbitration or litigation will be conducted on an individual basis only, not as a class action or collective action. You waive the right to participate in class actions against JivaHire.

14.5 Injunctive Relief

Either party may seek temporary restraining orders or injunctive relief from a court of competent jurisdiction to prevent irreparable harm.

15. Entire Agreement & Modifications

15.1 Entire Agreement

These Terms, together with:
- The Privacy Policy
- The Data Processing Agreement (DPA)
- Any Subscription Agreement or Order Form

constitute the entire agreement and supersede all prior negotiations, understandings, and agreements.

15.2 Order of Precedence

In case of conflict:
1. DPA (for data protection-specific terms)
2. Subscription Agreement (for pricing, term, specific commitments)
3. These Terms and Conditions
4. Privacy Policy (for data handling)

15.3 Modifications

JivaHire may modify these Terms at any time. When we make material changes, we will:
1. Provide 30 days' advance notice via email or in-app notice
2. Clearly describe the changes
3. Obtain your acceptance (continued use = acceptance, or explicit consent if required by law)

Non-material changes (clarifications, formatting) are effective immediately.

15.4 Severability

If any provision is found invalid or unenforceable, that provision is severed, and remaining provisions remain in full force.

15.5 Assignment

  • You may not assign your rights or obligations without our prior written consent
  • JivaHire may assign these Terms to successors, acquirers, affiliates, or with your consent

16. Contact & Support

Support inquiries:
Email: support@jivahire.com
Website: https://jivahire.com

Legal matters & disputes:
Email: support@jivahire.com

Response time: We aim to respond within 2–5 business days (support) or 5 business days (legal).

17. Additional Legal

17.1 Survival

Sections that should survive termination include: Intellectual Property, Limitation of Liability, Indemnification, Confidentiality, Dispute Resolution, and Governing Law.

17.2 No Third-Party Beneficiaries

These Terms are between you and JivaHire only. No third party has rights except as expressly provided.

17.3 Counterparts & Electronic Signatures

These Terms may be executed in counterparts and electronically. Electronic signatures and PDFs are valid.

17.4 Export Compliance

You may not use the Service in violation of US export laws, OFAC sanctions, or other export regulations. The Service is not available in countries subject to comprehensive sanctions (Iran, North Korea, Syria, Crimea, etc.).

End of Terms and Conditions