THEIA JOBS — TERMS & CONDITIONS (PUBLIC)

    Last updated: [August 28, 2025]
    Legal entity: THEIA JOBS, Corp, a Florida corporation ("THEIA," "we," "us," "our")
    Contact: legal@theiajobs.ai | Mailing: 21 SE 1st Ave # 3, Miami, FL 33131

    1) Acceptance of Terms

    By creating an account, clicking “Agree,” or using our websites, products, or AI services (the “Services”), you agree to these Terms & Conditions (the “Terms”). If you do not agree, do not use the Services.

    2) Who These Terms Cover

    Clients (employers, hiring managers, recruiters) use THEIA to source, screen, interview, or evaluate candidates.
    Candidates (applicants, job seekers) use THEIA to apply, interview, or share professional information (which may include personal preferences and behavior).
    User” means any Client or Candidate.

    3) Eligibility & Accounts

    You must be at least 18 and capable of forming a binding contract. You’re responsible for safeguarding account credentials and all activity under your account. We may refuse service or suspend/terminate accounts for policy or legal violations or security risk.

    4) Privacy; Roles

    Our Privacy Policy (incorporated by reference) explains what data we collect and how we use and protect it, including cross-border transfers.
    Roles. As between THEIA and Client, Client is the controller/business of Candidate Personal Data processed for Client’s hiring purposes, and THEIA acts as processor/service provider. For THEIA’s platform analytics, fraud/security, and product improvement using de-identified data, THEIA acts as an independent controller/business. Nothing in these Terms transfers ownership of Personal Data.

    5) THEIA Services & AI Disclosures

    THEIA provides AI-assisted screening, interviewing, and candidate intelligence.
    AI Outputs. AI-generated content (e.g., summaries, scores) may contain errors and is provided to assist—not replace—human judgment.
    Human Review. Clients must apply human review before any hiring decision and comply with laws requiring human involvement.

    6) Client Responsibilities

    Lawful Use. Use the Services only for bona fide hiring and in compliance with applicable laws (e.g., anti-discrimination, pay transparency, privacy).
    No Discrimination. Do not directly or indirectly discriminate on protected characteristics.
    Assessment Usage. Client is solely responsible for validating job-relatedness/business necessity, monitoring adverse impact, and providing required notices/accommodations.
    FCRA. Client is responsible for determining if its use constitutes a “consumer report” under the FCRA and for all related notices/consents/adverse-action steps.
    TCPA/SMS. If Client enables SMS, Client represents it has prior express consent from recipients and will honor opt-outs.
    Prohibited Data. Do not submit PHI, full payment-card data, or export-controlled data unless we agree in writing via addendum.

    7) Candidate Responsibilities

    Provide accurate, non-misleading information. By participating in an interview, you consent to recording, transcription, and analysis as described in these Terms and the Privacy Policy. You may exercise data rights as outlined in the Privacy Policy.

    8) Data Rights & Retention

    Deletion/Return. Upon Client request or termination, we delete or return Client Personal Data within 30 days, except where retention is required for law, disputes, or audit.
    Candidate Requests. THEIA will route verifiable requests (access, deletion, correction) to the Client when the Client is controller; THEIA fulfills requests for data it controls.
    Retention. Interview recordings/transcripts are retained for the lesser of 24 months or the Client-configured period, unless longer retention is required for compliance, security, or claims.

    9) Permitted & Prohibited Use

    Use the Services only for lawful recruiting/job-seeking. You will not: scrape/harvest/bulk-export; reverse-engineer or probe our systems; upload malware or bypass security/rate limits; misrepresent identity; or use the Services to generate or amplify spam, fraud, or discriminatory decisions/content.

    10) User Content; Ownership of Outputs

    You retain ownership of content you submit (e.g., resumes, interview responses, job posts). You grant THEIA a worldwide, non-exclusive, royalty-free, sublicensable license to host, process, transcribe, analyze, display, and use such content to deliver and improve the Services and meet legal obligations.
    Outputs. Subject to third-party rights and law, Client owns Outputs generated from Client’s data for Client’s hiring (e.g., scorecards). THEIA retains all rights in its software, prompts, models, and system data. Feedback may be used without restriction.

    11) Third-Party Tools & Integrations

    The Services may connect to third-party tools (e.g., ATS, calendars). Use of third-party services is governed by their terms. When you enable an ATS integration, you authorize THEIA to send/receive candidate and job data with that ATS per your configuration. Client is responsible for any ATS fees, permissions, and compliance. THEIA is not responsible for third-party outages or deprecations.

    12) Service Levels; Changes; Beta

    We may update or modify features anytime. “Beta” or “experimental” features are provided as-is and may change or be discontinued.

    13) Fees & Billing (Clients)

    Fees, limits, and billing terms are set in your order form or online plan. Fees are exclusive of taxes; Client is responsible for applicable taxes. Plans auto-renew unless canceled before renewal. Fees are non-refundable unless required by law. Late amounts may accrue interest and/or trigger suspension.

    14) Compliance & Fair Hiring

    Client is solely responsible for compliance with EEO/anti-discrimination (e.g., Title VII, ADEA, ADA), FCRA, record-keeping, accommodations, and any automated-tool requirements (e.g., NYC Local Law 144 bias audit/notice).

    15) Confidentiality

    Each party will protect the other’s non-public information with reasonable care and use it only to perform under the Agreement. Exclusions apply for public, independently developed, or legally compelled disclosures.

    16) Security

    We implement administrative, technical, and physical safeguards (including encryption in transit/at rest) designed to protect data. No system is 100% secure; you must configure your environment and access controls appropriately.
    Security Incident Notice. We will notify affected Clients without undue delay and no later than 72 hours after confirming a security incident impacting Client Personal Data, and provide updates.
    Subprocessors. We use vetted subprocessors and maintain a public list at [theiajobs.ai/subprocessors]. We remain responsible for their performance and will provide advance notice of material changes.

    17) Intellectual Property

    THEIA and its licensors own all rights in the Services (software, models, interfaces, designs, etc.). No rights are granted except the limited license necessary to use the Services as stated herein.

    18) E-Sign & Electronic Communications

    You agree to transact electronically. Your click-to-accept has the same legal effect as a wet signature. You consent to receive contracts, disclosures, and notices electronically.

    19) Suspension & Termination

    We may suspend or terminate access for material breach, security risk, unlawful use, or non-payment. Clients may terminate subject to existing commitments. We may retain data post-termination as required by law or per the Privacy Policy.

    20) Disclaimer of Warranties

    THE SERVICES (INCLUDING AI OUTPUTS) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIA DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY), INCLUDING MERCHANTABILITY, FITNESS, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE SERVICE.

    21) Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIA AND ITS AFFILIATES ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE/DATA/GOODWILL.
    OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED: (A) FOR CLIENTS, THE AMOUNTS PAID TO THEIA IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) FOR CANDIDATES/NON-PAYING USERS, US$100.

    22) Indemnification

    By Client. Client will defend, indemnify, and hold harmless THEIA and its officers/directors/employees from third-party claims and costs (including attorneys’ fees) arising from Client’s use, content, or legal violations (including discrimination claims).
    By THEIA. THEIA will defend and indemnify Client against third-party claims that the Services (as provided by THEIA) directly infringe IP rights, excluding claims arising from Client misuse, content, or combinations.

    23) Governing Law & Dispute Resolution

    Governing Law. Florida law (conflict rules excluded).
    Arbitration. All disputes arising out of these Terms or the Services will be resolved by binding arbitration on an individual basis administered by the AAA under its Consumer Arbitration Rules in Miami-Dade County, Florida.
    Class Waiver. No class/collective actions or arbitrations.
    Carve-Outs. Either party may seek injunctive relief for IP or data-security breaches and may bring individual claims in small-claims court in Miami-Dade County.
    Opt-Out (Candidates). Candidates may opt out within 30 days of first being subject by emailing legal@theiajobs.ai with name, address, and a clear opt-out statement.

    24) Export & Sanctions

    You will comply with applicable U.S. export control and sanctions laws and not use/export the Services in violation thereof.

    25) Changes to Terms

    We may update these Terms. We’ll post changes with an updated “Last updated” date and, for material changes, provide reasonable additional notice. Continued use after changes constitutes acceptance.

    26) General Provisions

    No assignment by you without consent; we may assign in connection with merger, acquisition, or asset sale. If a provision is unenforceable, the remainder remains in effect. These Terms, the Privacy Policy, and applicable order form(s) are the entire agreement.
    Survival. §§ 10, 13–16, 18–23, and 26 survive termination.

    27) Contact

    Questions: legal@theiajobs.ai | Mail: 21 SE 1st Ave # 3, Miami, FL 33131
    No Biometric Templates. Unless explicitly agreed in writing, THEIA does not create or store biometric identifiers or templates (e.g., face geometry, voiceprints).