Terms of Service for Braintrust AIR

Overview

Braintrust AIR ("AIR") is an AI-powered recruiting platform designed to streamline the hiring process by automating candidate interviews, assessments, and evaluations. AIR enables companies to efficiently manage high applicant volumes, accelerate time-to-hire, and improve hiring decisions through AI-driven insights. By using AIR, you agree to the following Terms of Service.

1. Acceptance of Terms

By accessing or using AIR (the "Service"), you agree to comply with and be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, you are not authorized to use the Service. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree with these Terms or any modifications, you must immediately stop using the Service. Continued use of the Service after updates constitutes acceptance of the revised Terms.

2. Additional Terms

Certain features of the Service may be subject to additional terms and conditions, such as order forms that outline fees or subscription terms ("Additional Terms"). If there is a conflict between these Terms and the Additional Terms, the Additional Terms will govern.

3. Privacy Policy

By using AIR, you grant Braintrust a limited license to process your data to provide the Service. You retain all rights to your data, and we will use commercially reasonable security measures to protect it. Please review our Privacy Policy for more details.

4. Changes to Terms of Service

We may update these Terms from time to time at our discretion. If we make changes, we will notify you by posting the updated Terms on our website. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. We may also modify or discontinue features of AIR, in whole or in part, at any time without notice.

5. Eligibility

The Service is intended for business use only. You may use the Service only if you are 18 years or older and capable of forming a binding contract with us. You agree to comply with all applicable laws and regulations when using the Service.

6. Account Registration

To access certain features of the Service, you must register for an account. You agree to provide accurate and complete information during registration and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

7. Use of the Service

AIR is designed to streamline and enhance the recruiting process for in-house teams and staffing firms through automated interviews, assessments, and candidate insights. Users are responsible for configuring and managing their hiring workflows in accordance with applicable laws and company policies.

Disclaimer: AI-generated performance scores are provided as recommendations only and do not constitute final hiring decisions. Users must independently review and verify AI-generated insights before making employment decisions. Braintrust AIR is not liable for hiring disputes based on AI-driven recommendations.

8. User Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
• Interfere with or disrupt the operation of the Service or any servers or networks connected to the Service.
• Attempt to gain unauthorized access to the Service or any accounts, computer systems, or networks connected to the Service.
• Use the Service to transmit any viruses, worms, or malicious code.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

9. Intellectual Property

All content and materials available through the Service, including but not limited to text, graphics, logos, and software, are the property of Braintrust or its licensors and are protected by intellectual property laws. You agree not to copy, modify, distribute, or create derivative works based on the Service or any content or materials available through the Service without our prior written consent.

10. Fees & Payment

• Fees are due as outlined in the applicable order form.
• Subscriptions renew automatically unless canceled 30 days before renewal.
• Late payments may result in service suspension.
• Disputes regarding charges must be raised within 30 days of billing. If a chargeback is initiated, we reserve the right to suspend access to AIR until the dispute is resolved.

11. Confidentiality

Each party agrees to protect the other's confidential information and not disclose it to third parties, except as required by law or authorized in writing.

12. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. We do not guarantee uninterrupted, error-free service.

13. Limitation of Liability

To the fullest extent permitted by law, in no event will Braintrust, its affiliates, or their respective directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Service, whether based on warranty, contract, including but not limited to lost profits, hiring disputes, or regulatory fines. Our total liability will not exceed the fees paid for the Service in the 12 months preceding the claim. Users agree to indemnify and hold Braintrust AIR harmless from any claims, liabilities, or damages arising from their misuse of the platform, violation of applicable laws, or employment-related disputes.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent as closely as possible. If such modification is not possible, the provision shall be deemed severed from these Terms, and the remaining provisions shall remain valid and enforceable.

15. Termination

Either party may terminate this agreement:

• By Braintrust: If you violate these Terms, or for any reason upon notice.
• By You: By discontinuing use of the Service and notifying Braintrust. Upon termination, your access to AIR will be revoked, and any outstanding fees must be settled.

Upon termination of the Service, Customers will have 30 days to retrieve any stored candidate interview data, scorecards, or related information. Data export will be provided in a standard format upon request. After this period, Braintrust AIR may permanently delete all customer data unless otherwise required by law.

16. Governing Law & Disputes

These Terms are governed by the laws of the state of Delaware. Any disputes shall be resolved in the courts of Delaware. Class action lawsuits are waived.

17. Miscellaneous

• Force Majeure: We are not liable for failures beyond our control (e.g., natural disasters, government actions).
• Entire Agreement: These Terms constitute the entire agreement between you and Braintrust.