1.  Account Creation and Usage

1.1 Eligibility:

You must be at least 18 years old and have the necessary authority to enter into these Terms in order to use the Software.

1.2 Account Registration:

Access to the Site: You are responsible for maintaining the confidentiality of your account credentials and are liable for any activities that occur under your account. You agree to provide accurate and complete information when creating an account.

Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Interview Pro immediately of any unauthorized use of your account or any other breach of security. Interview Pro will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Interview Pro or another party due to someone else using your account or password. You may not use anyone else’s account at any time, impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information.

If you agree to the Terms on behalf of an entity or agency, or in connection with providing or receiving services on behalf of an entity or agency, you represent and warrant that you have the authority to bind that entity or agency to the Terms and agree that you are binding both you and that entity or agency to the Terms. In that event, “you” and “your” will refer and apply to you and that entity or agency.

The Services allow varying degrees of access to varying types of users as follows:

• Account Manager – The Services are available to any user representing the employer, including but not limited to hiring managers, interview team members, company administrators, and HR team members and others. Examples of actions that such team members may have access to include without limitation the establishment of the company’s account with “Interview Pro”, inviting other users with Recruiter’s, Hiring Manager’s and Interviewer’s access level, as well reviewing and creating interview guides, scheduling interviews, interacting with candidates, participating in the interviews, providing feedback, managing role memberships, subscribing and paying for services, reviewing hiring decisions, and reviewing information available through the Services to understand your company’s hiring teams’ performance.
• Recruiter – This users’ group can invite other users with Hiring Manager and/or Interviewer level of access. Recruiter can create and review interview guides, compose hiring teams by inviting new or existing users registered with Interview Pro, interact with candidates, schedule interviews, participate in the interviews, provide feedback and updates for interviewees using available communication templates.
• Hiring Manager – Users with this type of account can review and modify interview guides, access candidates’ data, participate in interviews.
• Interviewer – Users with this type of account can review interview guides, access candidates’ data, participate in interviews.

1.3 We do not provide you with equipment to access the Site or Services. You are responsible for all fees charged by third parties to access the Site or use the Services (e.g., charges by internet service providers).

1.4 User Conduct:

You agree to use the Software in compliance with applicable laws and regulations. You will not use the Software to engage in any unlawful, harmful, or inappropriate activities, including but not limited to:

a) Violating the privacy or intellectual property rights of others.
b) Uploading, transmitting, or distributing any viruses, malware, or other harmful software.
c) Interfering with or disrupting the operation of the Software or its associated servers.

2.  Software Usage

2.1 License:

Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to use the Software for its intended purpose.

2.2 Data Privacy:

We respect your privacy and handle your personal data in accordance with our Privacy Policy. By using the Software, you consent to the collection, storage, and processing of your personal information as described in the Privacy Policy.

2.3 Intellectual Property:

The Software and its content, including but not limited to text, graphics, logos, and software, are the intellectual property of Interview Pro owned by Shmelkova Inc and protected by applicable intellectual property laws. You may not modify, reproduce, distribute, or create derivative works of the Software without our explicit consent.

3.  Payment of Fees

Some of the Services require payment of fees, including through subscriptions or on an ad hoc basis (“Service Fees”). In consideration for the continued use and access of the Services requiring Service Fees, you agree to timely pay such Service Fees pursuant to the terms of the applicable Order Form.  By providing a credit card or other payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges).

Interview Pro reserves the right to modify any Service Fees for any or all of the Services, effective upon the next renewal term, or as otherwise stated in the Order Form for such Services.  If you purchase a subscription, Interview Pro will communicate any changes to the Service Fees in advance, and, if applicable, how to accept those changes.  As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect.  If you do not agree with the price changes, you have the right to reject the change by cancelling your subscription prior to the price change going into effect. Please make sure you read any such notification of price changes carefully.

4.  Subscriptions

When you purchase a subscription to the Services, you expressly acknowledge and agree that (a) Interview Pro (or our third-party payment processor) is authorized to charge you the Service Fees on the schedule specified in any applicable Order Form, and (b) your subscription will continue for the duration specified in the Order Form, unless earlier terminated as described in these Terms.

You may cancel your subscription at any time by contacting us at support@nterview-pro.com however, pre-paid subscription fees will not be refundable unless agreed upon in an Order Form.

5.  Limitations of Liability

5.1 No Warranty:

The Software is provided on an “as is” basis without any warranties or guarantees. We do not warrant that the Software will be error-free or uninterrupted, nor do we make any representations regarding the accuracy, reliability, or completeness of the information provided through the Software.

5.2 Limitation of Liability:

To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Software.

6.  Changes to the Site or Services

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site or Services without notice, provided that if you pay for the Services, such modifications will not materially reduce the performance or capabilities of the Services. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.

7.  Communications with You

You agree that Interview Pro may send electronic mail to you for the purpose of advising you of changes or additions to this Site, or communicating with you about the Interview Pro Service, or for such other purpose(s) as Interview Pro deems appropriate, including marketing purposes. You have the option to opt-out of marketing communications.

Interview Pro may communicate with you using email, autodialed calls and text messages, at any telephone number that you provide us, to: (a) notify you regarding your account; (b) troubleshoot problems with your account; (c) poll your opinions through surveys or questionnaires; or (d) as otherwise necessary to service your account.

8.  Restrictions

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials or content that you make available to Interview Pro or otherwise input into the Site or Services (“User Content”).

You must comply with these Terms and all applicable laws when using the Site and Services, and only use the Site and Services through the interface provided by Interview Pro. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available on the Site or Services other than your User Content (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool to use the Site or Services or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Site or Services; (d) use the Site, Services, or Site Content for any purpose except for your own internal business purposes; (e) circumvent, disable, or interfere with any digital rights management, usage rules, or other security features of the Site or Services; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Site, Services, or Site Content or otherwise infringe upon or violate Interview Pro’s Intellectual Property Rights or the Intellectual Property Rights of others; (g) use the Site or Services in a manner that threatens the integrity, performance, or availability of the Site or Services; (h) use the Site or Services to develop products or services that are directly or indirectly competitive with the Services; (i) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site, Services, or Site Content; (j) use the Site or Services to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (k) submit false or misleading information through the Site or Services; (l) submit objectionable content through the Site or Services, including profanity, obscenity, lasciviousness, violence; or (m) use the Site or Services for any obscene or immoral purpose.

In addition to the foregoing, you agree to maintain and provide reasonable access to Interview Pro to hiring results related to your use of the Services as necessary for Interview Pro to accurately determine usage and any fees due pursuant to these Terms and any Order Form.

9.  Ownership

We, our affiliates, our licensors, or applicable third parties, retain all right, title, and interest in and to the Site, Services, and Site Content and any Intellectual Property Rights in any of the foregoing. You are not permitted to use any trademarks, logos, or service marks displayed on the Site, the Services, or in Site Content without the prior written consent of Interview Pro.

As used in these Terms, “Intellectual Property Rights” means all rights, priorities and privileges relating to intellectual property, whether arising under Canada, multinational or foreign laws or otherwise, including without limitation copyrights, copyright licenses, patents, patent licenses, trademarks, trademark licenses, technology, know-how and processes, and all rights at law or in equity for any infringement or other impairment thereof, including the right to receive all proceeds and damages therefrom.

As between you and Interview Pro, all User Content, and all Intellectual Property Rights therein, shall belong to you. Interview Pro does not claim any ownership rights to such User Content. However, Interview Pro shall have the right to access, use, and process such User Content to provide the Services and the functionality of the Services to you during the term of these Terms. You represent and warrant that you own all right, title and interest in and to all User Content, or have obtained all legally required consent from any third party in and to all User Content, that you provide to Interview Pro via the Site or Services, such that your use of User Content in connection with the Site or Services does not violate Intellectual Property Rights or any other rights of any third party. You assume all risk associated with the User Content you provide and the transmission of such User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of such User Content.

You acknowledge and agree that Interview Pro may anonymize and aggregate User Content in a manner that it can no longer reasonably be used to identify individuals (“Anonymized Data”). You grant Interview Pro an unlimited, perpetual, and irrevocable license to use the Anonymized Data for the purpose of improving the Software and Services, to understand and analyze trends across Interview Pro’s customers, and for any other purpose

We reserve the right to terminate your use of the Site, the Services, or any related website or service for violating any of the prohibited uses or these Terms.

In the event that these Terms terminate as described herein or in an Order Form, if you have paid for a subscription for the Services, you may continue to use Interview Content obtained during the term of your subscription as part of the Services, but such right is revocable at any time upon notice by Interview Pro and such right is limited to your own internal recruiting use and may not be transferred or sub-licensed to any third party except to the extent that you utilize a third party recruiter for your internal hiring purposes. As used herein, “Interview Content” means the interview rounds, questions and other interview-related data to you as part of the Services during the term of a paid subscription. And for clarity, Interview Content is considered Site Content as used in these Terms.

10.  Feedback

If you send any suggestions, recommendations, or other feedback related to the Site or Services to us (“Feedback”), you agree that Interview Pro is free to use, without any attribution or compensation to you or any other party any Feedback for any purpose whatsoever, although Interview Pro is not required to use any Feedback. You agree that no Feedback submitted by you will violate any right of any third party, including any Intellectual Property Rights.

11.  Disclaimer of warranties

THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS.

We do not warrant that the Software will be error-free, uninterrupted, or free of viruses or other harmful components. We do not guarantee the accuracy, completeness, or reliability of any information obtained through the Software.

You acknowledge and agree that your use of the Software is at your sole risk. You assume all responsibility and risk for any loss or damage arising from your use of the Software, including but not limited to any loss of data, errors, or delays in operation.

We make no warranties or representations regarding the performance, functionality, or availability of the Software. We reserve the right to modify, suspend, or discontinue any aspect of the Software at any time without notice.

The Software may provide links to third-party websites or resources. We are not responsible for the availability, accuracy, or content of such websites or resources. You acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resources.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, the above disclaimers and limitations may not apply to you to the extent prohibited by applicable law.

Any warranty or representation not expressly stated in this Disclaimer of Warranties is hereby excluded.

12.  Limitation of Liability

To the maximum extent permitted by law, in no event shall Interview Pro (“Company”), its officers, directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or in connection with the use of the Interview Pro Software (the “Software”).

12.1 The Company shall not be liable for any damages or losses resulting from:

a) The use or inability to use the Software. b) Any errors, bugs, or inaccuracies in the Software. c) Any unauthorized access to or use of the Software. d) Any interruption, suspension, or termination of the Software. e) Any viruses, malware, or other harmful components transmitted through the Software. f) Any third-party websites or resources linked to or accessed through the Software.

12.2 The total liability of the Company, whether in contract, tort (including negligence), or otherwise, shall be limited to the amount paid by you, if any, for accessing and using the Software during the twelve (12) months preceding the event giving rise to the liability.

12.3 Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. Therefore, the above limitations may not apply to you to the extent prohibited by applicable law.

12.4 You acknowledge and agree that the limitations and exclusions of liability set forth in this clause are reasonable and essential elements of the agreement between you and the Company, and that the Company would not be able to provide the Software on an economically reasonable basis without such limitations.

13.  Termination

13.1 Termination by You:

You may terminate your use of the Software at any time by discontinuing its use and deleting your account.

13.2 Termination by Us:

We reserve the right to terminate or suspend your access to the Software at any time and for any reason, without prior notice or liability.

14.  Changes to the Terms

14.1 Modifications:

We may update these Terms from time to time by posting the revised version on our website or within the Software. Your continued use of the Software after any such changes will constitute your acceptance of the updated Terms.

15.  Governing Law and Jurisdiction

15.1 Governing Law:

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

15.2 Jurisdiction:

Any disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts in Ontario, Canada.

16.  Contacting Interview Pro

If you have any questions or concerns about the Site, Services or these Terms, please send us a thorough description by email to support@interview-pro.com

Please read this Agreement carefully before participating in the beta testing of the Product. By accessing or using the Product, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this Agreement.