Terms of Service

1. Introduction and Acceptance

Subject to these Terms of Service (this “Agreement”), Endian AI, Inc. (“HIRED,” “we,” “us,” and/or “our”) provides access to HIRED’s AI-powered hiring platform, tools, and related services (collectively, the “Services”). The Services include, without limitation, job posting and management, custom application form building, AI-powered candidate evaluation and scoring, AI voice-based interviews, candidate pipeline management, and any other products or services made available by HIRED or its affiliates.

By creating an account, accessing, or using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy. If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement, in which case “you” and “your” shall refer to such entity. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least 18 years of age to create an account and use the Services. The Services are not directed to children under 18, and we do not knowingly collect personal information from children under 18. If we become aware that a user is under 18, we will terminate the account and delete associated data.

2.2 Account Registration

To access the Services, you must create an account by providing accurate, current, and complete information during the registration process and maintaining the accuracy of such information. Each account must be associated with a unique, valid email address. Account credentials are personal and must not be shared with or used by multiple individuals unless authorized under an organizational account. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account, whether or not authorized by you. You must promptly notify us at security@endianai.com of any unauthorized use of your account or any other breach of security.

2.3 Types of Accounts

The Services support multiple account types:

• Organization accounts: For employers who post jobs, build application forms, review candidates, and conduct AI interviews. Organization owners may invite team members to access the Services under their organizational account.
• Candidate accounts: For individuals who browse job postings, submit applications, and participate in AI interviews. Candidates must verify their email address before applying to jobs.

Organization owners are responsible for ensuring that all users under their organizational account comply with this Agreement, and shall be liable for any breach of this Agreement by such users.

3. License and Access Rights

3.1 Limited License

Subject to your compliance with this Agreement, HIRED grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Services during the term of this Agreement solely for your internal business or personal purposes. This license does not include the right to sublicense, resell, distribute, or otherwise make the Services available to any third party, except as expressly permitted.

3.2 Reservation of Rights

All rights not expressly granted herein are reserved by Endian AI, Inc.. No license or right to use any trademark, service mark, trade name, or logo of HIRED or any third party is granted under this Agreement. The Services are licensed, not sold, and Endian AI, Inc. retains all right, title, and interest in and to the Services.

4. Your Content and Data

4.1 Your Content

You are solely responsible for all data, information, text, documents, application responses, job descriptions, application form configurations, interview recordings, feedback, and other materials that you upload, submit, transmit, or otherwise provide in connection with the Services (“Your Content”). You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to provide Your Content and to grant the rights set forth in this Agreement.

4.2 License to Your Content

By submitting Your Content to the Services, you grant Endian AI, Inc. a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, copy, store, modify, reproduce, distribute, and process Your Content solely as necessary to: (a) provide, maintain, and improve the Services; (b) generate AI assessments, scores, and interview evaluations; (c) prevent fraud, abuse, and security threats; (d) comply with applicable law; and (e) enforce this Agreement.

4.3 AI-Generated Output

The Services generate AI-based content in response to Your Content, including candidate scores, assessment summaries, interview transcripts, and evaluation reports (“Output”). You acknowledge that: (a) Output is provided as a decision-support tool and does not constitute a hiring recommendation; (b) you are solely responsible for evaluating the accuracy, completeness, and fitness of any Output for your intended purpose; (c) HIRED makes no representations or warranties regarding the accuracy, reliability, or legal compliance of any Output; and (d) Output may contain errors, biases, or inaccuracies.

4.4 Content Retention and Removal

HIRED reserves the right to remove, disable, or restrict access to any of Your Content at any time if: (a) it violates this Agreement or applicable law; (b) it infringes or is alleged to infringe the rights of any third party; (c) it poses a security risk to the Services or other users; or (d) removal is required by applicable law or governmental order.

4.5 AI Training

HIRED will not use Your Content or Your Data to train or improve general-purpose AI models unless you have explicitly opted in through a separate written agreement. Notwithstanding the foregoing, HIRED may use aggregated, anonymized, and de-identified data derived from usage of the Services for platform improvement, research, and benchmarking purposes.

5. Acceptable Use Policy

5.1 General Obligations

You agree to use the Services only for lawful purposes and in compliance with this Agreement, all applicable laws and regulations, and any policies or documentation published by HIRED.

5.2 Prohibited Uses

Without limitation, you shall not use the Services to:

• Submit false, misleading, or fraudulent application information or job postings.
• Discriminate against candidates on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information, veteran status, or any other characteristic protected by applicable law.
• Use AI assessments as the sole basis for employment decisions without appropriate human oversight.
• Circumvent, disable, or interfere with security features of the Services, including rate limiting, content filters, or access controls.
• Engage in unauthorized data scraping, crawling, or automated extraction of data from the Services.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, model weights, or underlying architecture of the Services.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
• Use the Services for surveillance, profiling, or scoring of individuals in a manner that violates applicable law.
• Use the Services in any manner that violates export control or sanctions laws.

5.3 Monitoring and Enforcement

HIRED may, but is not obligated to, monitor your use of the Services for violations. If HIRED determines that you have violated this Agreement, HIRED may, at its sole discretion: (a) issue a warning; (b) throttle or rate-limit your access; (c) suspend or disable your account; (d) remove or restrict Your Content; or (e) terminate this Agreement.

6. AI-Specific Terms

6.1 No Guarantee of Accuracy

AI-generated Output — including candidate scores, assessment summaries, and interview evaluations — may contain errors, inaccuracies, biases, or content that is incomplete or misleading. HIRED does not guarantee the accuracy, reliability, completeness, or fitness of any Output for any purpose. You are solely responsible for reviewing, validating, and verifying all Output before relying on or acting upon it. HIRED is not liable for any decisions made or actions taken based on Output generated by the Services.

6.2 Human Oversight Requirement

You agree to implement appropriate human oversight and review processes when using AI-generated assessments and scores for employment decisions. You shall not use the Services as the sole basis for hiring, rejecting, or otherwise making decisions that have significant consequences for candidates. AI assessments are a decision-support tool — final hiring decisions are the sole responsibility of the organization.

6.3 AI Transparency and Disclosure

Where required by applicable law, regulation, or industry guidelines, you shall clearly disclose to candidates that their applications and interviews are evaluated or assisted by artificial intelligence. You shall comply with all applicable AI transparency and notification requirements in your jurisdiction.

6.4 Voice Interview Data

When candidates participate in AI voice interviews, their audio is processed in real time by third-party AI providers for transcription and evaluation. Interview transcripts and AI-generated assessments are stored on our platform and made available to the hiring organization. Candidates consent to this processing by participating in the interview.

6.5 Model Availability and Changes

HIRED may update, modify, or change AI models, features, or capabilities at any time. Output quality, behavior, and characteristics may vary between model versions, and HIRED is not responsible for changes in Output resulting from model updates.

7. Data Protection and Privacy

7.1 Your Data

You retain all right, title, and interest in and to Your Data. “Your Data” means non-public personal data, confidential information, and any other proprietary data you provide to HIRED. HIRED may use and process Your Data solely to the extent necessary to provide the Services and for security purposes.

7.2 Data Processing

You are responsible for ensuring that you have obtained all necessary consents, authorizations, and legal bases required under applicable law for HIRED to process data as contemplated by this Agreement.

7.3 International Data Transfers

The Services are hosted and operated in the United States. By using the Services, you consent to the transfer of Your Data to the U.S.A., which may not provide the same level of data protection as your home jurisdiction.

7.4 Data Security

HIRED will implement and maintain commercially reasonable technical, administrative, and organizational security measures designed to protect Your Data against unauthorized access, use, alteration, disclosure, or destruction. HIRED will promptly notify you of any confirmed data breach affecting Your Data in accordance with applicable law.

8. Employment Law Compliance

8.1 Your Compliance Obligations

You are solely responsible for ensuring that your use of the Services complies with all applicable employment laws, regulations, and industry standards in your jurisdiction, including but not limited to:

• Equal Employment Opportunity (EEO) laws and anti-discrimination statutes.
• AI-in-hiring regulations, including but not limited to New York City Local Law 144, Illinois AI Video Interview Act, and similar state and local laws.
• Fair Credit Reporting Act (FCRA) requirements if applicable to your use of AI assessments.
• Data protection and privacy regulations applicable to candidate data.
• Any sector-specific employment regulations applicable to your industry.

8.2 Bias Auditing

Where required by applicable law (such as NYC Local Law 144), you are responsible for conducting or obtaining required bias audits of AI-based candidate evaluation tools used through the Services. HIRED will cooperate with reasonable requests for information necessary to conduct such audits.

9. Intellectual Property and Ownership

9.1 HIRED Ownership

Endian AI, Inc. retains all right, title, and interest in and to the Services, including all software, algorithms, models, documentation, and all improvements, enhancements, and modifications thereto, together with all intellectual property rights related to any of the foregoing. Nothing in this Agreement transfers any ownership of the Services or HIRED’s intellectual property to you.

9.2 Feedback

If you provide any suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Services (“Feedback”), you hereby grant Endian AI, Inc. a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, fully transferable license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose, without attribution, compensation, or obligation to you.

10. Confidentiality

10.1 Definition

“Confidential Information” means any non-public business, technical, financial, or operational information disclosed by either party to the other party. Confidential Information of HIRED includes the non-public features, functionality, performance, and pricing of the Services. Your Confidential Information includes Your Data.

10.2 Obligations

The receiving party agrees to: (a) protect the disclosing party’s Confidential Information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care; (b) use the disclosing party’s Confidential Information solely for the purpose of performing its obligations or exercising its rights under this Agreement; and (c) not disclose the disclosing party’s Confidential Information to any third party without prior written consent.

10.3 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available without breach of this Agreement; (b) was known to the receiving party prior to disclosure; (c) is rightfully received from a third party without restrictions; (d) is independently developed without use of the disclosing party’s Confidential Information; or (e) is required to be disclosed by law. These confidentiality obligations shall survive for five (5) years following disclosure.

11. Representations and Warranties

11.1 Your Representations

You represent and warrant that: (a) you have the legal right and authority to enter into this Agreement; (b) you own or have obtained all necessary rights, licenses, and permissions to provide Your Content; (c) Your Content does not violate, infringe, or misappropriate any third party’s intellectual property, privacy, or other rights; (d) you will use the Services in compliance with all applicable laws and this Agreement; (e) all information you provide is accurate and complete; and (f) your use of AI assessments will include appropriate human oversight as required by applicable law.

11.2 Mutual Warranty

Each party represents and warrants to the other that it has the full right, power, and authority to enter into and perform its obligations under this Agreement.

12. Indemnification

12.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Endian AI, Inc., its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of this Agreement; (b) Your Content, including any claim that Your Content infringes or misappropriates any third party’s rights; (c) your violation of applicable law, including employment laws; (d) your use or misuse of the Services, including hiring decisions made based on AI assessments; or (e) your negligence or willful misconduct.

12.2 HIRED Indemnification

Endian AI, Inc. will indemnify, defend, and hold harmless you from and against any third-party claim alleging that the Services, as provided by HIRED and used in accordance with this Agreement, infringe such third party’s intellectual property rights; provided that you: (a) promptly notify HIRED of the claim; (b) grant HIRED sole control of the defense and settlement; and (c) provide reasonable cooperation at HIRED’s expense.

13. Disclaimer of Warranties

14. Limitation of Liability

14.1 Exclusion of Consequential Damages

14.2 Cap on Liability

15. Term and Termination

15.1 Term

This Agreement commences upon your acceptance and continues for as long as you maintain an account or use the Services.

15.2 Termination by You

You may terminate your account and this Agreement at any time by contacting us. You will remain responsible for all obligations accrued prior to termination.

15.3 Termination by HIRED

HIRED may suspend or terminate your access to the Services or this Agreement immediately upon notice if: (a) you materially breach this Agreement and, where curable, fail to cure within ten (10) days after receiving notice; (b) your use poses a security risk or may adversely impact the Services or any third party; (c) you become insolvent or subject to bankruptcy proceedings; or (d) HIRED is required to do so by law. HIRED may also terminate for convenience upon thirty (30) days’ notice.

15.4 Effect of Termination

Upon termination: (a) all rights granted to you will immediately cease; (b) you must stop all use of the Services; (c) HIRED may delete Your Content and account data in accordance with its retention policies, except where required to retain by law; and (d) Sections that by their nature should survive will survive, including Sections 4, 6, 7, 9, 10, 12, 13, 14, 18, 19, and 20.

16. Third-Party Services

The Services incorporate and interoperate with third-party products and services, including OpenAI (AI evaluation and voice interview processing), LiveKit (real-time voice interview infrastructure), and Coldbrew.ai (hosting infrastructure). Your use of such third-party services is subject to the applicable third party’s terms and policies, and HIRED is not responsible for such third-party services. HIRED does not warrant or support any third-party service unless expressly stated otherwise.

17. Communications

You consent to receive communications from HIRED electronically, including by email, through the Services, or by posting notices on the HIRED website. These communications may include operational notices, legal notices, updates, and marketing communications. You may opt out of marketing communications at any time, but you may not opt out of service-related or legal notices.

18. Governing Law

This Agreement and any dispute arising out of or relating to this Agreement or the Services will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

19. Dispute Resolution; Arbitration; Class Action Waiver

19.1 Informal Resolution

Before initiating any legal proceeding, you and HIRED agree to attempt to resolve any dispute informally by contacting the other party and providing a written notice of dispute. Notices to HIRED must be sent to legal@endianai.com. Both parties agree to negotiate in good faith for at least thirty (30) days before filing any formal claim.

19.2 Arbitration Agreement

Except for disputes arising from claims for injunctive or equitable relief relating to intellectual property or unauthorized access to the Services, any dispute, claim, or controversy arising out of or relating to this Agreement or the Services shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in English by a single arbitrator in Seattle, Washington. Judgment on the award may be entered in any court of competent jurisdiction.

19.3 Waiver of Jury Trial

19.4 Class Action Waiver

19.5 Arbitration Opt-Out

You have the right to opt out of the arbitration provisions by sending written notice to legal@endianai.com with the subject line “ARBITRATION OPT-OUT” within thirty (30) days of your first use of the Services.

20. General Provisions

20.1 Amendments

HIRED may modify this Agreement from time to time by providing notice via email or by posting a notice on the HIRED website. Material changes will be accompanied by at least thirty (30) days’ advance notice. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree with any modification, your sole remedy is to terminate your account.

20.2 Assignment

You may not assign, transfer, or sublicense this Agreement or any rights hereunder without the prior written consent of Endian AI, Inc.. Endian AI, Inc. may assign or transfer this Agreement without restriction, including in connection with a merger, acquisition, or sale of assets.

20.3 Severability

If any provision of this Agreement is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

20.4 Entire Agreement

This Agreement, together with all policies referenced herein, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings.

20.5 Waiver

HIRED’s failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.

20.6 No Agency

Nothing in this Agreement creates any agency, partnership, joint venture, or employment relationship between the parties.

20.7 Force Majeure

Neither party shall be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, war, terrorism, labor disputes, power failures, cyberattacks, third-party service outages, or changes in applicable law.

20.8 Notices

All notices under this Agreement shall be in writing and shall be deemed received when delivered. Notices to HIRED should be sent to: legal@endianai.com or Endian AI, Inc., 1522 Western Ave Suite 24195, Seattle, WA 98101, Attn: Legal Department.