Terms of Use

Last Updated: February 10, 2025

Welcome to Candidex.ai. These Terms of Use ("Terms") govern your access to and use of the Candidex.ai platform, website, and services (collectively, the "Services") operated by Candidex.ai, Inc. ("Candidex," "we," "us," or "our"), a Delaware corporation.

Please Read Carefully

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Services. These Terms include binding arbitration and class action waiver provisions.

1. Eligibility

To use our Services, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into a binding agreement
  • Not be prohibited from using the Services under applicable law
  • Provide accurate and complete registration information

By using our Services, you represent and warrant that you meet all eligibility requirements.

2. Account Registration

2.1 Account Creation

To access certain features, you must create an account. You agree to provide accurate, current, and complete information and to update this information as necessary.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must:

  • Use a strong, unique password
  • Not share your login credentials with others
  • Notify us immediately of any unauthorized access or security breach

2.3 Account Types

  • Candidate Accounts: For individuals participating in interviews
  • HR Manager Accounts: For hiring professionals managing recruitment
  • Enterprise Accounts: For organizations with multiple users

3. Description of Services

3.1 Interview Platform

Candidex provides an AI-powered interview platform that enables hiring organizations to conduct automated video interviews with candidates. Our AI interviewer asks questions, records responses, and generates performance assessments.

3.2 Practice Mode

Candidates may access Practice Mode to conduct practice interviews. By participating in Practice Mode, you acknowledge and agree that:

  • Your profile and interview data may be shared with our business customers
  • Hiring organizations may contact you about employment opportunities
  • Your data becomes part of our talent discovery database

3.3 Identity Verification

We may require identity verification before interviews, which may include asking you to speak a phrase or perform a gesture on camera. This verification data may be used to:

  • Confirm your identity
  • Prevent fraud and impersonation
  • Train AI systems (subject to opt-out as described in our Privacy Policy)

3.4 AI-Powered Assessment

Our AI systems analyze interview responses and generate skill assessments. You acknowledge that:

  • AI assessments are generated automatically and may not be perfect
  • Assessments evaluate verbal responses, not physical appearance
  • Final hiring decisions are made by human recruiters, not our AI
  • We do not guarantee any particular outcome from using our Services

4. Recording and Data Consent

Recording Notice

By participating in any interview session, you expressly consent to the recording of your audio and video. All interview sessions are recorded.

4.1 Consent to Recording

By using our interview Services, you consent to:

  • Audio and video recording of all interview sessions
  • Creation of written transcripts from your verbal responses
  • AI analysis of your interview content
  • Storage of recordings on our servers and third-party infrastructure

4.2 Ownership of Recordings

By participating in an interview, you grant Candidex a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, and create derivative works from your interview recordings and transcripts for:

  • Providing Services to hiring organizations
  • Training and improving our AI systems
  • Research and development purposes
  • Marketing and promotional materials (with additional consent)

4.3 Data Sharing

You acknowledge that your data may be shared as described in our Privacy Policy, including with hiring organizations and third-party business customers.

5. Subscription and Payment

5.1 Paid Services

Access to our Services requires a paid subscription. Subscription details, pricing, and features are described on our website and in your service agreement.

5.2 Payment Terms

  • All fees are quoted and payable in U.S. dollars
  • Subscriptions automatically renew unless cancelled before the renewal date
  • You are responsible for all applicable taxes
  • We reserve the right to modify pricing with 30 days notice

5.3 Refunds

All fees are non-refundable except as required by law or as explicitly stated in your service agreement. We do not provide refunds for partial subscription periods.

6. Acceptable Use

6.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms.

6.2 Prohibited Conduct

You agree NOT to:

  • Impersonate another person or misrepresent your identity
  • Use another person to complete interviews on your behalf
  • Use AI, bots, or automated tools to generate interview responses
  • Record, download, or redistribute interview content without authorization
  • Attempt to circumvent security measures or access controls
  • Interfere with or disrupt the Services or servers
  • Upload malware, viruses, or malicious code
  • Scrape, harvest, or collect data from the platform
  • Use the Services for any discriminatory purpose
  • Violate any applicable laws or regulations
  • Assist or encourage others in any of the above activities

6.3 Content Standards

During interviews, you agree not to:

  • Use profane, abusive, or threatening language
  • Make discriminatory or harassing statements
  • Disclose confidential information of third parties
  • Provide intentionally false or misleading responses

7. Intellectual Property

7.1 Our Intellectual Property

The Services, including all content, features, functionality, software, and trademarks, are owned by Candidex and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

7.2 Your Content

You retain ownership of any content you provide (such as resume information), subject to the license granted to us in Section 4.2 for interview recordings and related data.

7.3 Feedback

Any feedback, suggestions, or ideas you provide about our Services become our property, and we may use them without compensation or attribution to you.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Services will be uninterrupted, secure, or error-free
  • Results obtained from the Services will be accurate or reliable
  • AI assessments will correctly evaluate candidate qualifications
  • Use of our Services will result in successful hiring outcomes
  • The Services will meet your specific requirements

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANDIDEX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability for any claims arising from or related to these Terms or the Services shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) $100.

10. Indemnification

You agree to indemnify, defend, and hold harmless Candidex and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any rights of a third party
  • Any content you provide through the Services

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at legal@candidex.ai and attempt to resolve the dispute informally for at least 30 days.

11.2 Binding Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.

11.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

11.4 Exceptions

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in court for matters related to intellectual property or unauthorized access to the Services.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature (if available). Termination does not entitle you to any refund.

12.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if you:

  • Violate these Terms or any applicable policies
  • Engage in fraudulent or illegal activity
  • Fail to pay applicable fees
  • Pose a security risk to our Services or other users

12.3 Effect of Termination

Upon termination:

  • Your right to access the Services immediately ceases
  • We may delete your account data (subject to retention requirements)
  • Provisions that by their nature should survive will remain in effect
  • Data already shared with third parties will not be recalled

13. General Provisions

13.1 Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles.

13.2 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Candidex regarding the Services.

13.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

13.4 Waiver

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

13.5 Assignment

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

13.6 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms and updating the "Last Updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

14. Contact Information

For questions about these Terms, please contact us:

Candidex.ai, Inc.

Email: legal@candidex.ai

[ADDRESS]

[PHONE NUMBER]

By using Candidex.ai, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy.