Terms of Service

1. Acceptance of Terms

Welcome to InsightHire. By accessing or using our video pre-screening platform and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all users of the Service, including but not limited to recruiters, hiring managers, candidates, administrators, and any other individuals or entities that access or use the Service.

2. Description of Service

InsightHire provides an AI-powered video pre-screening platform that enables organizations to conduct candidate assessments through video interviews, automated evaluation, and qualification scoring. The Service includes:

• Video interview creation and management tools
• Candidate video response collection and storage
• AI-powered analysis and scoring of candidate responses
• Dashboard and analytics for hiring team collaboration
• Integration capabilities with third-party applicant tracking systems (ATS)
• Reporting and export functionality

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.

3.3 Organization Accounts

If you register on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms and that you agree to these Terms on behalf of that organization.

4. User Responsibilities and Acceptable Use

4.1 Compliance with Laws

You agree to use the Service in compliance with all applicable local, state, national, and international laws and regulations, including but not limited to employment laws, anti-discrimination laws, data protection regulations, and privacy laws.

4.2 Prohibited Activities

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms
• Upload or transmit viruses, malware, or any other malicious code
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use any robot, spider, scraper, or other automated means to access the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove, obscure, or alter any legal notices displayed in connection with the Service
• Use the Service to discriminate against candidates based on protected characteristics
• Share your account credentials or allow unauthorized access to your account
• Resell, sublicense, or otherwise commercialize the Service without our express written consent

5. Candidate Data and Privacy

5.1 Data Controller Relationship

When you use the Service to collect and process candidate information, you are the data controller and InsightHire acts as a data processor. You are responsible for ensuring you have the legal basis to collect, process, and share candidate data through the Service.

5.2 Candidate Consent

You represent and warrant that you have obtained all necessary consents from candidates to collect, process, store, and analyze their video responses and personal information through the Service, including consent for AI-powered analysis and evaluation.

5.3 Data Retention

You are responsible for determining appropriate retention periods for candidate data. We will retain candidate data for as long as your account is active or as needed to provide you the Service, unless a longer retention period is required or permitted by law.

6. Intellectual Property Rights

6.1 Service Ownership

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by InsightHire, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 Your Content

You retain ownership of all content you submit to the Service, including interview questions, assessment criteria, and organization branding. By submitting content, you grant InsightHire a worldwide, non-exclusive, royalty-free license to use, reproduce, process, adapt, and display such content solely to provide and improve the Service.

6.3 Candidate Video Content

Video responses and candidate-submitted content are owned by the respective candidates. By using the Service, candidates grant you and InsightHire the necessary rights to process, store, and analyze such content for the purposes of the hiring process and service provision.

7. Payment Terms

7.1 Fees and Billing

Access to certain features of the Service requires payment of fees. You agree to pay all applicable fees as described on our pricing page. All fees are non-refundable except as expressly stated in these Terms or required by law.

7.2 Subscription Plans

If you purchase a subscription plan, your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. We will charge your payment method on file at the then-current rate, which may change with notice.

7.3 Price Changes

We reserve the right to change our fees at any time. We will provide you with reasonable notice of any fee changes by posting the new fees on the Service or by sending you email notification. Your continued use of the Service after the fee change constitutes your acceptance of the new fees.

8. AI and Automated Decision-Making

8.1 AI-Powered Analysis

The Service uses artificial intelligence and machine learning algorithms to analyze candidate responses and provide scoring and evaluation. While our AI systems are designed to be fair and unbiased, you acknowledge that AI analysis should be used as one input in your hiring decisions, not as the sole determinant.

8.2 Human Oversight

You are responsible for ensuring appropriate human oversight and final decision-making in your hiring process. You should review AI-generated scores and analyses before making employment decisions and ensure compliance with applicable employment and anti-discrimination laws.

8.3 No Warranty of Accuracy

While we strive to provide accurate and helpful AI analysis, we do not warrant that AI-generated scores, evaluations, or recommendations will be error-free, accurate, or reliable. You use AI features at your own risk.

9. Third-Party Integrations

The Service may integrate with third-party services such as applicant tracking systems (ATS), email providers, and other platforms. Your use of third-party services is governed by the terms and privacy policies of those services. We are not responsible for the practices of third-party services or for any damages resulting from your use of such services.

10. Disclaimers and Limitations of Liability

10.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. INSIGHTHIRE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INSIGHTHIRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

10.3 Maximum Liability

IN NO EVENT SHALL INSIGHTHIRE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO INSIGHTHIRE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11. Indemnification

You agree to defend, indemnify, and hold harmless InsightHire and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property right or privacy right; or (d) your violation of any applicable law or regulation.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or using the account termination feature in the Service. Upon termination, your right to use the Service will immediately cease.

12.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, we may delete your account and all associated data.

12.3 Effect of Termination

Upon termination of your account, we will make candidate data available for export for a period of thirty (30) days. After this period, we may permanently delete all data associated with your account. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Service prior to the effective date of the changes. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service.

14. Dispute Resolution

14.1 Informal Resolution

In the event of any dispute arising out of or relating to these Terms or the Service, you agree to first contact us and attempt to resolve the dispute informally by contacting us at legal@insighthire.com.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14.3 Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and judgment on the arbitration award may be entered in any court having jurisdiction.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and InsightHire regarding the Service.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

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

16. Contact Information

If you have any questions about these Terms, please contact us at: