Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and ZeroPitch (“we,” “us,” or “our”) governing your access to and use of the ZeroPitch conversational assessment platform, including our website, applications, APIs, and related services (collectively, the “Service”).

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree, you must not use the Service.

2. Description of Service

ZeroPitch provides an AI-powered conversational assessment platform that enables organizations (“Organizations”) to create and conduct structured interview, simulation, and practice sessions with candidates or participants (“Candidates”). The Service includes:

• AI-driven interview agents that conduct real-time conversational sessions
• Real-time speech-to-text transcription and text-to-speech synthesis
• Audio and optional video recording of sessions
• AI-assisted evaluation and scoring of candidate performance
• Dashboard tools for Organizations to create scenarios, review sessions, and manage teams
• Candidate-facing interfaces for session participation, profile completion, and self-reflection

3. User Accounts

3.1 Dashboard Accounts

To create and manage experiences, you must register for a dashboard account using a supported OAuth provider. You are responsible for maintaining the security of your account and for all activities that occur under it. You must notify us immediately of any unauthorized use.

3.2 Candidate Sessions

Candidates access the Service via shared links provided by Organizations. Candidate sessions are authenticated via secure session tokens and do not require a registered account. By participating in a session, Candidates agree to these Terms and our Privacy Policy.

4. Consent to Recording and AI Processing

Before any assessment session begins, Candidates are required to provide explicit consent to:

• Audio recording of the session for evaluation purposes
• AI-powered analysis and evaluation of responses
• Processing of data by our third-party service providers
• Storage of session data in accordance with our Privacy Policy

Sessions cannot begin without this consent. Candidates may withdraw consent at any time by closing their browser, though data already processed cannot be retroactively removed from real-time processing streams.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights, including employment, anti-discrimination, data protection, and privacy laws.
• Submit false, misleading, or fraudulent information during sessions or account registration.
• Attempt to manipulate, bypass, or interfere with the AI system, including through prompt injection, jailbreak attempts, or social engineering of the AI agent.
• Reverse-engineer, decompile, or attempt to extract the source code, system prompts, or evaluation criteria of the Service.
• Use automated tools, bots, or scripts to access the Service (except through our documented APIs).
• Circumvent rate limits, authentication mechanisms, or other security measures.
• Share session links or access credentials with unauthorized individuals.
• Upload malicious files, malware, or content that could harm the Service or other users.
• Use the Service to conduct assessments that discriminate against candidates on the basis of race, gender, age, disability, religion, sexual orientation, or any other protected characteristic.

6. Organization Responsibilities

Organizations using the Service agree to:

• Legal compliance — Ensure that their use of AI-assisted evaluations complies with all applicable employment laws, anti-discrimination regulations, and data protection requirements in the jurisdictions where they operate.
• Human oversight — Not rely solely on AI-generated scores or evaluations to make employment or selection decisions. AI outputs are decision-support tools and must be reviewed by qualified human decision-makers.
• Candidate transparency — Inform candidates that their session involves AI processing and evaluation before they participate, and provide candidates with information about how their data will be used.
• Content responsibility — Ensure that scenarios, system prompts, and evaluation criteria do not contain discriminatory, offensive, or illegal content.
• Data controller obligations — Where applicable under GDPR or similar laws, act as the data controller for candidate data processed through the Service. ZeroPitch acts as a data processor on behalf of the Organization.

7. Subscriptions and Payment

7.1 Plans

The Service is available under various subscription tiers (Free, Pro, Team, Enterprise). Features, session limits, and pricing vary by tier and are described on our pricing page.

7.2 Billing

Paid subscriptions are billed through our payment provider. By subscribing to a paid plan, you authorize us to charge the payment method on file at the applicable rate. Subscriptions renew automatically unless canceled before the renewal date.

7.3 Cancellation

You may cancel your subscription at any time through the dashboard. Upon cancellation, you retain access to paid features until the end of the current billing period. No pro-rated refunds are provided for partial billing periods.

7.4 Usage Limits

Each subscription tier includes usage limits (e.g., monthly session quotas). If you exceed these limits, additional sessions may be restricted until the next billing period or until you upgrade your plan.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its software, AI models, design, documentation, and all related intellectual property, is owned by ZeroPitch or its licensors. Nothing in these Terms grants you ownership of any intellectual property rights in the Service.

8.2 Your Content

You retain ownership of content you create and submit through the Service (scenarios, evaluation rubrics, branding assets, etc.). By uploading content, you grant us a limited, non-exclusive, worldwide license to use, store, and process that content solely to provide and improve the Service.

8.3 Candidate Content

Session recordings, transcripts, and responses belong to the Organization that created the experience, subject to the candidate's rights under applicable data protection laws. Candidates retain the right to request access to and deletion of their personal data as described in our Privacy Policy.

9. AI Disclaimers

• No guarantee of accuracy — AI-generated evaluations, scores, and feedback are approximations and may contain errors. They should not be treated as definitive assessments of a candidate's abilities.
• Not professional advice — The Service does not provide legal, employment, or professional advice. Organizations are solely responsible for their hiring and evaluation decisions.
• Model limitations — AI models may produce unexpected, biased, or inappropriate outputs despite our safeguards. We continuously work to improve quality but cannot guarantee the absence of all errors.
• Fraud detection signals — Session integrity signals are provided as informational data points only. They are not deterministic and should not be the sole basis for disqualifying a candidate.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZEROPITCH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, 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 SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

12. Indemnification

You agree to indemnify and hold harmless ZeroPitch, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service in violation of these Terms
• Content you create, upload, or submit through the Service
• Your violation of any applicable law or third-party rights
• Any employment or evaluation decision made using data or evaluations generated by the Service

13. Suspension and Termination

We may suspend or terminate your access to the Service at any time if:

• You violate these Terms or our Acceptable Use policy
• Your account is used for fraudulent, abusive, or illegal activities
• Payment for a paid subscription fails and is not resolved within a reasonable period
• Required by law or regulatory authority

Upon termination, your right to use the Service ceases immediately. We will make commercially reasonable efforts to allow you to export your data before deletion, unless termination is due to illegal activity.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, either party may pursue binding arbitration under the rules of the American Arbitration Association, or may bring a claim in the federal or state courts located in Delaware.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the “Last updated” date and, for significant changes, providing additional notice via email or in-app notification. Your continued use of the Service after the effective date of changes constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Service.

16. General Provisions

• Entire agreement — These Terms, together with our Privacy Policy, constitute the entire agreement between you and ZeroPitch regarding the Service.
• Severability — If any provision is found to be unenforceable, the remaining provisions remain in full force and effect.
• Waiver — Failure to enforce any provision does not constitute a waiver of that provision.
• Assignment — You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

17. Contact Us

For questions about these Terms:

• Email: hello@buildzeroist.com