Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and Nexprove, Inc. (“Nexprove”, “we”, “us”, or “our”) and govern your access to and use of the AI Interviewer product, our websites (including meetmindv3.vercel.app), APIs, integrations, and any related documentation, support, or services we provide (together, the “Service”).

By creating an account, accepting an invitation to join a workspace, signing an order form that references these Terms, clicking “I agree,” or otherwise accessing the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.

If you are accepting these Terms on behalf of a company, agency, or other organization, you represent that you have the authority to bind that entity, and “you” and “your” refer to that entity. You also represent that you are at least eighteen (18) years old and legally capable of entering into a contract in your jurisdiction.

We may revise these Terms from time to time. For material changes, we will update the “Last updated” date above and provide reasonable advance notice in-product or by email to your account’s admin contact at least thirty (30) days before the change takes effect, unless a shorter period is required to address a legal or security issue. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms; if you object, your sole remedy is to stop using the Service and cancel your account.

The Service is a recruiting tool that uses a conversational voice AI agent to conduct first-round screening interviews with candidates that you invite. After each session, the Service produces an automated transcript, structured notes, and an AI-generated score or summary report describing how the candidate responded to the questions you configured.

The Service is designed as a screening aid for human recruiters and hiring managers. It helps you reach more candidates earlier in the funnel, standardize the questions asked, and capture a consistent record of each conversation. The Service is not an autonomous hiring system, and it does not — and is not intended to — make final hiring, rejection, ranking, or compensation decisions on your behalf.

You acknowledge and agree that:

• AI-generated transcripts, summaries, and scores are probabilistic outputs that can contain errors, omissions, misinterpretations, or bias.
• A qualified human reviewer must evaluate the underlying transcript and any other relevant information before any consequential employment decision is made.
• The Service depends on third-party infrastructure (including LiveKit for realtime voice, large language model providers, and Neon for database hosting) and on the candidate’s own device, microphone, browser, and network conditions, any of which may degrade or interrupt a session.
• The Service is intended for business use only and is not directed to consumers or to anyone under sixteen (16) years of age.

We may add, modify, or remove features over time as we improve the Service. We will use reasonable efforts to give advance notice before removing or materially degrading functionality that paying customers actively rely on.

To use the Service as a recruiter or hiring team member, you must register for an account and provide accurate, complete, and current information. You are responsible for all activity that occurs under your account and the accounts of any teammates you invite, whether or not authorized by you.

You agree to:

• Keep your login credentials confidential and protect them with reasonable security practices, including a strong unique password and, where available, multi-factor authentication.
• Notify us promptly at hello@nexprove.com if you suspect any unauthorized access to your account, any compromise of interview content, or any other security incident affecting the Service.
• Promptly remove teammates who no longer need access, keep your seat list reflective of your current team, and ensure each user has their own credentials (no shared logins).
• Ensure that everyone you grant access to the Service complies with these Terms; their acts and omissions are treated as your own for the purposes of this agreement.

Interview links are sensitive credentials. When you invite a candidate, the Service issues a unique URL that lets them join an interview without a separate login. Anyone who obtains that URL may attempt to start the interview as that candidate. You are responsible for delivering interview links through trusted channels, not posting them in public locations, and regenerating or revoking them if you believe they have been shared or exposed inappropriately.

You agree to use the Service only for lawful recruiting and hiring activities, and only for the legitimate business needs of the organization that holds the account. You will comply with all applicable laws and regulations, including employment, equal opportunity, anti-discrimination, data protection, export control, and AI-specific laws in the jurisdictions where you operate and where your candidates reside.

You will not, and will not permit any user, candidate, or third party to:

• Use the Service to harass, demean, intimidate, deceive, or discriminate against candidates, or to ask questions that violate applicable employment, equal opportunity, or anti-discrimination laws (including questions about protected characteristics where prohibited).
• Use interview transcripts, recordings, scored reports, or any other Service output for purposes other than evaluating the candidate for the role they applied to, or for closely related hiring decisions that you have disclosed to the candidate.
• Sell, license, publish, distribute, or otherwise share candidate transcripts, recordings, or reports with third parties who are not part of your hiring process, except as permitted by the candidate in writing or expressly required by law.
• Scrape, crawl, copy, reverse-engineer, decompile, disassemble, or otherwise attempt to extract source code, model weights, prompts, training data, or other non-public components of the Service, or use the Service or its outputs to develop, train, or improve a competing product, AI model, or dataset.
• Circumvent, disable, or interfere with security, rate limits, access controls, or authentication mechanisms; probe or attack the infrastructure; upload malware, spyware, or other harmful code; or use the Service to send unsolicited communications.
• Use the Service to generate, store, or process content that infringes the intellectual property, privacy, or other rights of any person, or that is unlawful, defamatory, obscene, or otherwise objectionable.
• Misrepresent your identity or affiliation, impersonate another person or organization, or submit false information about a candidate or a role.

We may investigate suspected violations, suspend access during an investigation, and remove or refuse to process content that we reasonably believe breaches these Terms or exposes us or our other customers to legal or operational risk. We will give notice where reasonably practicable, but may act without prior notice in urgent cases.

You, as the recruiter using the Service, have the direct relationship with each candidate and act as the data controller for any personal data processed about them. You are responsible for telling each candidate, before their interview begins, in clear language they can understand, that:

• The interview will be conducted by an AI voice agent rather than a human.
• Their audio will be recorded, transcribed, and analyzed by automated systems to generate notes and a score that will be shared with your hiring team.
• How long the resulting transcript, recording, and report will be retained, and who within your organization may review them.
• They have the right to ask for a human-led alternative or to decline the AI interview without penalty, where required by applicable law (for example, NYC Local Law 144, the EU AI Act, the Illinois Artificial Intelligence Video Interview Act, the Maryland HB 1202, the Colorado AI Act, and similar regulations).

You are solely responsible for collecting any consents, providing any disclosures, performing any bias audits, and meeting any other obligations required by law in the candidate’s jurisdiction and in yours. The Service offers tooling to help with this (such as candidate-facing notice screens, configurable consent flows, and exportable interview records), but those tools do not replace your legal obligations. You agree that the legal duty to inform candidates, secure valid consent, honor opt-outs, and respond to data-subject requests remains with you.

The Service — including all underlying software, machine learning models, prompts, designs, user interfaces, documentation, and the Nexprove and AI Recruiter names, logos, and trademarks — is and remains the exclusive property of Nexprove and its licensors, and is protected by copyright, trademark, trade secret, and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during the term of your subscription, solely for your internal business purposes as described in these Terms. No rights are granted by implication, estoppel, or otherwise.

Your content. You retain ownership of the interview questions, job descriptions, scoring rubrics, evaluation criteria, and other materials you upload, configure, or generate through the Service (your “Recruiter Content”). You grant Nexprove a worldwide, royalty-free, non-exclusive license to host, process, transmit, display, and create derivative works from your Recruiter Content solely as needed to operate, secure, support, and improve the Service for you and to comply with law.

Candidate content. Candidates retain the rights they have in their own voice, likeness, and recorded responses under applicable law. We process candidate recordings and transcripts on your behalf to deliver the Service, and you are responsible for ensuring you have the lawful basis (through candidate consent or otherwise) for that processing.

Service data and model training. We may collect and use aggregated and de-identified usage data (for example, latency measurements, error rates, feature usage, and anonymous quality signals) to operate, secure, benchmark, and improve the Service. We will not use identifiable candidate recordings, transcripts, or Recruiter Content to train general-purpose or third-party foundation models without your explicit, opt-in permission.

Feedback. If you submit ideas, suggestions, bug reports, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use that feedback for any purpose, including improving the Service, with no obligation of attribution or compensation.

The Service relies on, and may interoperate with, third-party products and services (each, a “Third-Party Service”) that we do not own or control. These include, without limitation, our realtime voice infrastructure (LiveKit), large language model and speech providers, database hosting (Neon), authentication providers, email and notification providers, and any applicant tracking system (ATS), calendar, or HR tool you connect.

Your use of any Third-Party Service is governed by that provider’s own terms and privacy practices, not by these Terms. We do not endorse, warrant, or assume responsibility for any Third-Party Service, and we are not liable for any act, omission, outage, data loss, or change in functionality by a Third-Party Service. If a Third-Party Service becomes unavailable or changes in a way that affects the Service, we will use reasonable efforts to mitigate the impact but cannot guarantee continuity of the dependent feature.

When you choose to connect a Third-Party Service (for example, by authorizing an ATS integration), you authorize us to exchange data with that service on your behalf, in accordance with the scopes you approve. You are responsible for maintaining the credentials and configuration of any Third-Party Service you use with the Service.

The Service is currently offered to selected customers at no charge during an early access period. We reserve the right to introduce paid plans, usage limits, and billing in the future. If and when we do, we will give you reasonable advance notice, publish the applicable pricing, and require you to accept a separate order form or subscription terms before any charges apply.

Once paid plans are in effect, fees will be invoiced in the currency, on the schedule, and at the rate set out in the applicable order form or online checkout. Unless stated otherwise: fees are non-refundable except where required by law; subscriptions renew automatically for successive terms unless either party gives notice of non-renewal; you are responsible for any taxes other than taxes on our net income; past-due amounts may accrue interest at the lower of 1.5% per month or the maximum permitted by law; and we may suspend the Service for accounts that remain past due after reasonable notice.

During early access, usage may be subject to fair-use limits that we communicate in-product. We may also throttle or pause features that are being used in ways that impose disproportionate cost on our infrastructure.

The Service, or specific features within it, may be designated as “early access,” “beta,” “preview,” or similar (collectively, “Beta Features”). Beta Features are provided for evaluation purposes, are not yet generally available, and may be incomplete, unstable, or substantially changed or withdrawn at any time without notice.

Beta Features are provided “as is” and without any service level commitments, support guarantees, or warranties of any kind. You should not rely on a Beta Feature for production-critical workflows or for decisions you cannot revisit. We may collect additional usage telemetry from Beta Features to identify issues, and we may contact you for feedback. You may stop using a Beta Feature at any time.

While the Service as a whole is in early access, the entire Service is treated as a Beta Feature for the purposes of warranties, service levels, and liability, except where these Terms expressly state otherwise.

Each party may receive non-public information from the other (“Confidential Information”), including business plans, customer lists, pricing, technical architecture, security practices, candidate data, and the existence and terms of these Terms. The receiving party will: (a) use Confidential Information only to exercise its rights and perform its obligations under these Terms; (b) protect it with the same care it uses for its own confidential information of like importance, and no less than reasonable care; and (c) not disclose it to any third party except to employees, contractors, and advisors who are bound by confidentiality obligations at least as protective as those in these Terms.

Confidential Information does not include information that is or becomes public without breach, was rightfully known before disclosure, is independently developed without use of Confidential Information, or is rightfully received from a third party without restriction. A receiving party may disclose Confidential Information if required by law or valid legal process, provided it gives the disclosing party prompt notice (where legally permitted) and reasonable cooperation to seek a protective order.

The Service is provided “as is” and “as available.” To the maximum extent permitted by applicable law, Nexprove and its licensors disclaim all warranties, conditions, and other terms, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing, course of performance, or usage of trade.

AI output is advisory. Transcripts, summaries, structured notes, scored reports, and other AI-generated outputs are produced by machine learning systems and can be incorrect, incomplete, biased, inconsistent, or fabricated. You agree that you will:

• Treat AI-generated scores and assessments as one input among many, not as a determinative verdict on a candidate.
• Have a qualified human review the underlying transcript and any other relevant information before making any adverse decision (including rejection, withdrawal of an offer, or downward adjustment of compensation).
• Independently comply with all bias-audit, candidate-notice, accommodation, record-keeping, and human-review obligations imposed by applicable employment and AI regulations.

We do not warrant that the Service will be uninterrupted, error-free, secure, free of harmful components, or that every interview will complete successfully. Realtime voice depends on networks, devices, and third-party providers that we do not control. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you in full.

To the maximum extent permitted by applicable law, in no event will either party be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost data, lost goodwill, cost of substitute goods or services, or business interruption, arising out of or related to these Terms or the Service, regardless of the theory of liability (contract, tort (including negligence), strict liability, or otherwise) and even if the party has been advised of the possibility of such damages.

Each party’s total aggregate liability arising out of or related to these Terms or the Service in any twelve-month period is capped at the greater of (a) the fees you paid to Nexprove for the Service during the twelve (12) months immediately preceding the event first giving rise to the claim, or (b) one hundred U.S. dollars (US$100). During any period in which the Service is provided at no charge, the cap is fixed at one hundred U.S. dollars (US$100).

These limitations apply in the aggregate across all claims and theories of liability, form an essential basis of the bargain between the parties, and continue to apply even if a stated remedy fails of its essential purpose. They do not apply to either party’s indemnification obligations, breaches of confidentiality, infringement of the other party’s intellectual property, fraud, willful misconduct, or any liability that cannot be excluded or limited under applicable law.

You agree to defend, indemnify, and hold harmless Nexprove and its officers, directors, employees, agents, and affiliates from and against any and all third-party claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your or your users’ use of the Service in violation of these Terms or applicable law; (b) your Recruiter Content, your interview questions, or your scoring criteria; (c) your failure to provide required notices to, or obtain required consents from, candidates; (d) any employment decision you make based wholly or in part on Service output; or (e) your breach of any representation or obligation under these Terms.

We will promptly notify you of any claim subject to indemnification, give you reasonable control of the defense and settlement (provided that no settlement adversely affects our rights or admits fault on our behalf without our prior written consent), and provide reasonable cooperation at your expense. We may participate in the defense with counsel of our choosing at our own cost.

These Terms remain in effect for as long as you have an account or otherwise use the Service. You may cancel your subscription at any time through your account settings or by emailing hello@nexprove.com. Cancellations take effect at the end of your current billing period unless your order form provides otherwise. We do not generally provide refunds for partial periods.

We may suspend or terminate your access, in whole or in part, if: you materially breach these Terms (including the acceptable-use and candidate-consent obligations) and fail to cure within thirty (30) days after we notify you (or immediately for breaches that cannot be cured or that pose security, legal, or operational risk); your account is past due; continuing to provide the Service would expose us or another customer to material risk; or we are required to do so by law or by a third-party provider on which the Service depends.

Data export and deletion. Upon termination, your right to access the Service ends. For thirty (30) days after termination, we will, on written request, provide an export of your Recruiter Content and interview transcripts in a standard machine-readable format. After that window, we may delete your data in accordance with our then-current retention and deletion practices, subject to backups that age out on a regular cycle and to any legal hold. You can also request export at any time during the subscription.

Survival. Sections that by their nature should survive — including intellectual property, confidentiality, fees accrued, disclaimers, limitation of liability, indemnification, governing law, and these miscellaneous provisions — will survive any termination or expiration of these Terms.

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to the informal resolution process below, the state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Service, and each party irrevocably consents to personal jurisdiction and venue in those courts and waives any objection based on inconvenient forum.

Informal resolution. Before filing any formal claim, the parties agree to attempt to resolve the dispute in good faith by sending a written description of the dispute to hello@nexprove.com and engaging in at least thirty (30) days of informal discussions.

Equitable relief. Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Placeholder notice. The governing-law and venue choices above are placeholders pending review by qualified legal counsel. The final choice may change based on Nexprove’s entity of record, our customers’ locations, and applicable consumer-protection or employment rules. Until that review is complete, treat this section as indicative rather than final.

Entire agreement. These Terms, together with our Privacy Policy, any Data Processing Addendum, and any order form or signed addendum that references them, constitute the entire agreement between you and Nexprove regarding the Service and supersede all prior or contemporaneous understandings, whether written or oral. Any conflicting or additional terms on a purchase order or similar document are rejected and have no effect.

Assignment. You may not assign or transfer these Terms or any rights or obligations under them, in whole or in part, without our prior written consent (which will not be unreasonably withheld), except that you may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of your assets, provided that the assignee is not a competitor of Nexprove and agrees in writing to be bound by these Terms. We may assign these Terms freely. Any assignment in violation of this section is void.

Force majeure. Neither party will be liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications outages, third-party service failures, cyberattacks, and pandemics. The affected party will use reasonable efforts to mitigate the impact and resume performance.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable and reflect the parties’ original intent; the remaining provisions will continue in full force and effect.

Waiver. No failure or delay by either party in exercising any right under these Terms operates as a waiver of that right, and no single or partial exercise of a right precludes any further exercise.

Independent contractors. The parties are independent contractors. These Terms do not create any partnership, joint venture, agency, franchise, or employment relationship. Neither party has authority to bind the other.

No third-party beneficiaries. These Terms are for the benefit of the parties and do not create any third-party beneficiary rights.

Notices. Notices to Nexprove must be sent to hello@nexprove.com. Notices to you may be sent to the email address associated with your account or delivered in-product, and will be deemed given when sent.

Export and sanctions. You represent that you are not located in, and are not a resident or national of, any country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of restricted or denied parties. You will comply with all applicable export control and sanctions laws.

This document is a draft. These Terms of Service are a working draft published for transparency while the AI Recruiter is in early access. They have not yet been reviewed by external legal counsel and should not be relied on as a final, binding contract. We will publish a reviewed version, with a clear effective date, before the Service exits early access.