CoHire AI Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and CoHire AI Limited ("CoHire AI," "we," "us," or "our"), a company registered in Kenya, governing your access to and use of the CoHire AI platform, including our website, mobile applications, APIs, and all related services (collectively, the "Platform").

By accessing, registering for, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

2. Definitions

• "Account" means the user account created on the Platform
• "Candidate" means any individual using the Platform to seek employment opportunities
• "Employer" means any company, organization, recruiter, or staffing agency using the Platform for recruitment purposes
• "AI Services" means artificial intelligence-powered features including but not limited to video interview analysis, resume screening, psychometric assessments, and candidate matching
• "Content" means any data, text, images, videos, audio, or other materials uploaded, submitted, or transmitted through the Platform
• "Personal Data" means any information relating to an identified or identifiable natural person
• "Subscription" means the paid service plan purchased by Employers
• "Third-Party Services" means any external platforms, systems, or services integrated with or linked to the Platform

3. User Categories and Eligibility

3.1 User Types

The Platform serves three primary user categories:

• Candidates: Individuals seeking employment opportunities
• Employers: Organizations and their authorized representatives seeking to hire
• Recruiters/Staffing Agencies: Third-party recruitment service providers

3.2 Eligibility Requirements

• You must be at least 18 years of age
• You must have the legal capacity to enter into binding contracts
• Employers must be legally authorized to hire in their jurisdiction
• Candidates must be legally authorized to work in their target locations

4. Account Registration and Security

4.1 Registration Process

• Users must provide accurate, current, and complete information during registration
• Users must maintain and promptly update their information to keep it accurate
• Each user may maintain only one Candidate account
• Employers may create multiple accounts for different departments/locations with proper authorization

4.2 Account Security

• You are responsible for maintaining the confidentiality of your login credentials
• You are fully responsible for all activities that occur under your Account
• You must immediately notify us of any unauthorized use or security breach
• We are not liable for any loss or damage arising from your failure to comply with security obligations

4.3 Account Verification

• We may require verification of identity, employment authorization, or company registration
• We may suspend or terminate accounts that cannot be verified
• Additional verification may be required for certain features or higher-tier subscriptions

5. Platform Services and Features

5.1 Core Services

The Platform provides:

• AI-powered candidate screening and matching
• Video interview recording and analysis
• Resume parsing and analysis
• Psychometric and skills assessments
• Integration with third-party ATS and HRIS systems
• Candidate communication and scheduling tools
• Analytics and reporting dashboards

5.2 AI Services Specifics

• Our AI analyzes candidate responses, facial expressions, voice patterns, and behavioral indicators
• AI scoring is probabilistic and not deterministic - it provides recommendations, not final decisions
• Users acknowledge that AI analysis has limitations and should be used as one component of hiring decisions
• We do not guarantee the accuracy, completeness, or reliability of AI-generated insights

5.3 Third-Party Integrations

• The Platform integrates with various ATS, HRIS, and job board systems
• Users authorize data sharing with connected third-party systems
• Third-party integrations are subject to the terms and policies of those providers
• We are not responsible for the performance or policies of third-party services

6. User Obligations and Conduct

6.1 Candidate Obligations

• Provide accurate, truthful information in profiles and applications
• Maintain professional conduct in all interactions and interviews
• Respect intellectual property rights of others
• Not engage in discriminatory, harassing, or inappropriate behavior
• Not create multiple accounts or misrepresent identity

6.2 Employer/Recruiter Obligations

• Comply with all applicable employment and anti-discrimination laws
• Provide accurate job descriptions and requirements
• Not use the Platform for unlawful or discriminatory hiring practices
• Respect candidate privacy and data protection rights
• Not share candidate information with unauthorized parties
• Maintain confidentiality of AI-generated insights and candidate data
• Make employment decisions based on multiple factors, not solely AI recommendations

6.3 Prohibited Conduct

Users must not:

• Upload viruses, malware, or harmful code
• Engage in unauthorized data mining or scraping
• Impersonate others or misrepresent affiliations
• Use the Platform for illegal purposes
• Interfere with Platform security or functionality
• Reverse engineer or attempt to extract AI models or algorithms
• Use automated means to access the Platform without permission
• Post false, misleading, or fraudulent information
• Discriminate against candidates based on protected characteristics

7. Content and Intellectual Property

7.1 User Content

• Users retain ownership of content they upload
• By uploading content, users grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display content for Platform operations
• Users represent they have all necessary rights to upload and share their content
• Users must not upload content that infringes third-party rights

7.2 Platform Content

• All Platform content, including AI algorithms, interfaces, and documentation, is owned by or licensed to CoHire AI
• Users receive a limited, non-exclusive, non-transferable license to use Platform features
• Users must not copy, modify, or create derivative works of Platform content

7.3 AI Model Training

• We may use aggregated, anonymized data to improve our AI models
• Personal data used for training is de-identified in accordance with applicable laws
• Users acknowledge that their anonymized data may contribute to AI model improvements

8. Privacy and Data Protection

8.1 Data Processing

• We process Personal Data in accordance with our Privacy Policy and applicable laws
• Users consent to data processing as described in the Privacy Policy
• Different data processing rules apply to different user categories

8.2 International Data Transfers

• Data is processed primarily in Kenya but may be accessed globally
• Users consent to international data transfers necessary for Platform operations
• We implement appropriate safeguards for cross-border data transfers

8.3 Data Subject Rights

Users have rights including:

• Access to their Personal Data
• Correction of inaccurate data
• Deletion of data (subject to legal retention requirements)
• Restriction of processing
• Objection to processing
• Data portability (where applicable)

9. Subscription and Payment Terms

9.1 Subscription Plans

• Employers must purchase a subscription to access premium features
• Different subscription tiers offer varying features and usage limits
• Subscription terms are monthly, quarterly, or annual
• All fees are non-refundable unless otherwise specified

9.2 Payment Processing

• Payments are processed through third-party payment providers
• Users authorize us to charge their chosen payment method
• Failed payments may result in account suspension
• Users are responsible for maintaining current billing information

9.3 Subscription Changes

• Users may upgrade or downgrade subscriptions
• Changes take effect at the next billing cycle
• No prorated refunds for downgrades
• We may change subscription prices with 30 days notice

10. AI Fairness and Bias Mitigation

10.1 Bias Prevention Commitment

• We implement measures to detect and mitigate bias in AI algorithms
• Our AI models are regularly tested for fairness across demographic groups
• We provide transparency about AI decision-making factors

10.2 User Responsibilities

• Employers must not use AI insights for discriminatory purposes
• Users should consider AI recommendations alongside other evaluation methods
• Users must comply with applicable anti-discrimination laws when using AI insights

10.3 AI Limitations

• AI analysis is based on patterns in training data and may reflect historical biases
• AI scores should not be the sole basis for employment decisions
• We do not guarantee that AI services are free from bias or error

11. Disclaimer of Warranties

11.1 Platform Availability

• We do not guarantee uninterrupted access to the Platform
• The Platform is provided "as is" and "as available"
• We are not responsible for temporary downtime or technical issues

11.2 AI Service Limitations

• AI-generated insights are probabilistic, not deterministic
• We do not guarantee the accuracy, completeness, or reliability of AI analysis
• AI recommendations should be used alongside human judgment

11.3 User Content

• We do not verify the accuracy of user-generated content
• Users rely on content at their own risk
• We are not responsible for user-generated content or employment decisions

12. Limitation of Liability

12.1 General Limitations

• To the maximum extent permitted by law, we are not liable for indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amounts paid by the user in the 12 months preceding the claim
• These limitations apply regardless of the form of action, whether in contract, tort, or otherwise

12.2 Specific Exclusions

We are not liable for:

• Employment decisions made by Employers
• Candidate qualifications or performance
• Loss of data or business interruption
• Third-party service failures
• Unauthorized access to user accounts
• AI bias or discrimination claims (to the extent permitted by law)

13. Indemnification

Users agree to indemnify and hold harmless CoHire AI from any claims, damages, losses, or expenses arising from:

• User breach of these Terms
• User violation of applicable laws
• User infringement of third-party rights
• User misuse of the Platform or AI services
• Employment disputes between users

14. Termination and Suspension

14.1 Termination by User

• Users may terminate accounts at any time
• Account deletion requests are processed within 30 days
• Some data may be retained as required by law

14.2 Termination by CoHire AI

We may terminate or suspend accounts for:

• Breach of these Terms
• Violation of applicable laws
• Suspected fraudulent activity
• Prolonged inactivity (12+ months)
• Non-payment of subscription fees

14.3 Effect of Termination

• Users lose access to Platform features
• Content may be deleted or archived
• Subscription fees are non-refundable
• Surviving provisions remain in effect

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of Kenya, without regard to conflict of law principles.

15.2 Dispute Resolution

• Users must first attempt to resolve disputes through internal complaint procedures
• Unresolved disputes shall be submitted to mediation in Nairobi, Kenya
• If mediation fails, disputes shall be resolved through arbitration under Kenyan arbitration laws
• Each party bears their own arbitration costs unless otherwise determined

15.3 International Users

• International users consent to jurisdiction in Kenyan courts for Platform-related disputes
• Users are responsible for compliance with their local laws
• We do not represent that the Platform is appropriate or available in all jurisdictions

16. Modifications to Terms

• We may modify these Terms at any time
• Material changes will be communicated through the Platform or email
• Continued use after changes constitutes acceptance
• Users should review Terms periodically for updates

17. Contact Information