Terms of Service

Last Updated: [DATE]

⚠️ IMPORTANT NOTICE

This is a template document. Please have this reviewed and customized by a qualified attorney before use. Fill in all bracketed placeholders and ensure compliance with all applicable laws in your jurisdiction.

Table of Contents

  1. Acceptance of Terms
  2. Description of Service
  3. Account Registration and Eligibility
  4. Use of Service
  5. AI and Automated Services
  6. Candidate Data and Privacy
  7. Intellectual Property
  8. Payment Terms
  9. Subscription and Cancellation
  10. Data Retention and Deletion
  11. Disclaimers and Limitations
  12. Indemnification
  13. Compliance with Laws
  14. Dispute Resolution
  15. Changes to Terms
  16. General Provisions
  17. Contact Information

1. Acceptance of Terms

By accessing or using Outsurge ("Service", "Platform", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

2. Description of Service

Outsurge is a software-as-a-service platform that provides:

  • AI-powered technical interview and evaluation tools
  • Challenge generation and candidate evaluation services
  • Candidate evaluation and scoring services
  • Related hiring and recruitment tools

3. Account Registration and Eligibility

3.1 Account Creation

  • You must provide accurate, current, and complete information when creating an account
  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account

3.2 Eligibility

  • You must be at least 18 years old to use the Service
  • You must have the legal authority to enter into these Terms
  • If using on behalf of an organization, you represent you have authority to bind that organization

3.3 Account Security

  • You must immediately notify us of any unauthorized use of your account
  • We are not liable for any loss or damage arising from unauthorized account access

4. Use of Service

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to:

  • Use the Service in compliance with all applicable laws and regulations
  • Provide accurate information when using the Service
  • Respect the rights of others, including candidates and other users

4.2 Prohibited Activities

You agree NOT to:

  • Use the Service for any illegal or unauthorized purpose
  • Violate any laws in your jurisdiction
  • Infringe upon intellectual property rights
  • Transmit any malicious code, viruses, or harmful data
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the Service
  • Use automated systems to access the Service without permission
  • Reverse engineer, decompile, or disassemble the Service
  • Use the Service to discriminate against candidates based on protected characteristics
  • Misrepresent your identity or affiliation
  • Collect or harvest information about other users
  • Use the Service to violate any employment or labor laws

5. AI and Automated Services

5.1 AI-Powered Features

  • The Service uses artificial intelligence and machine learning to generate challenges, conduct interviews, and evaluate candidates
  • AI-generated content and evaluations are provided "as-is" and should be used as tools to assist in hiring decisions, not as the sole basis for decisions
  • We do not guarantee the accuracy, completeness, or suitability of AI-generated content

5.2 Human Oversight

  • You are responsible for reviewing and validating all AI-generated content and evaluations
  • You should not rely solely on automated evaluations for hiring decisions
  • You are responsible for ensuring compliance with applicable employment laws

6. Candidate Data and Privacy

6.1 Candidate Information

  • You are responsible for obtaining necessary consents from candidates before using the Service
  • You must comply with all applicable privacy laws when collecting and processing candidate data
  • You represent that you have the right to submit candidate information to the Service

6.2 Data Processing

  • We process candidate data on your behalf as a data processor
  • You are the data controller and responsible for compliance with data protection laws
  • See our Privacy Policy for details on how we handle data

7. Intellectual Property

7.1 Our Rights

  • The Service, including all content, features, and functionality, is owned by Outsurge and protected by copyright, trademark, and other intellectual property laws
  • Our trademarks, logos, and service marks may not be used without our prior written consent

7.2 Your Content

  • You retain ownership of content you submit to the Service
  • By submitting content, you grant us a license to use, store, and process that content to provide the Service
  • You represent that you have the right to grant such license

7.3 Feedback

  • Any feedback, comments, or suggestions you provide may be used by us without obligation to you

8. Payment Terms

8.1 Fees

  • Subscription fees are as specified in your service plan
  • Fees are billed in advance on a recurring basis
  • All fees are non-refundable except as required by law

8.2 Price Changes

  • We reserve the right to change prices with 30 days' notice
  • Continued use after price change constitutes acceptance

8.3 Taxes

  • You are responsible for all applicable taxes
  • We may collect taxes where required by law

9. Subscription and Cancellation

9.1 Subscription Period

  • Subscriptions renew automatically unless cancelled
  • You may cancel your subscription at any time

9.2 Cancellation

  • Cancellation takes effect at the end of the current billing period
  • No refunds for partial billing periods
  • Upon cancellation, your access to the Service will terminate at the end of the billing period

9.3 Suspension and Termination

  • We may suspend or terminate your account for violation of these Terms
  • We may suspend or terminate service for non-payment
  • Upon termination, your right to use the Service immediately ceases

10. Data Retention and Deletion

10.1 Data Retention

  • We retain your data and candidate data as necessary to provide the Service
  • We may retain data for legal compliance purposes

10.2 Data Deletion

  • You may request deletion of your data at any time
  • We will delete data in accordance with our Privacy Policy and applicable law
  • Some data may be retained for legal or compliance purposes

11. Disclaimers and Limitations

11.1 Service Availability

  • We strive for high availability but do not guarantee uninterrupted or error-free service
  • The Service is provided "as-is" and "as-available"

11.2 No Warranties

  • We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose
  • We do not warrant that the Service will meet your requirements or be error-free

11.3 Limitation of Liability

  • To the maximum extent permitted by law, our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
  • We are not liable for indirect, incidental, special, consequential, or punitive damages
  • We are not liable for hiring decisions made using the Service

11.4 Hiring Decisions

  • The Service is a tool to assist in hiring decisions
  • You are solely responsible for all hiring decisions
  • We are not liable for the outcomes of hiring decisions

12. Indemnification

You agree to indemnify and hold harmless Outsurge, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your hiring decisions and practices
  • Your violation of employment or labor laws

13. Compliance with Laws

13.1 Your Obligations

  • You must comply with all applicable laws and regulations
  • This includes employment laws, anti-discrimination laws, data protection laws, and labor laws
  • You are responsible for ensuring your use of the Service complies with applicable laws

13.2 Employment Law Compliance

  • You must not use the Service in a manner that violates equal employment opportunity laws
  • You must not discriminate against candidates based on protected characteristics
  • You are responsible for ensuring compliance with all applicable employment and labor laws

14. Dispute Resolution

14.1 Governing Law

  • These Terms are governed by the laws of [YOUR STATE/JURISDICTION]
  • Any disputes will be resolved in the courts of [YOUR STATE/JURISDICTION]

14.2 Arbitration (Optional)

Note: Consider including arbitration clause - consult with attorney

  • Disputes will be resolved through binding arbitration
  • Class action waivers may apply

15. Changes to Terms

  • We reserve the right to modify these Terms at any time
  • Material changes will be notified via email or through the Service
  • Continued use after changes constitutes acceptance
  • If you do not agree to changes, you must stop using the Service

16. General Provisions

16.1 Entire Agreement

  • These Terms constitute the entire agreement between you and Outsurge

16.2 Severability

  • If any provision is found unenforceable, the remaining provisions will remain in effect

16.3 Waiver

  • Failure to enforce any provision does not constitute a waiver

16.4 Assignment

  • You may not assign these Terms without our consent
  • We may assign these Terms to any successor or affiliate

16.5 Force Majeure

  • We are not liable for delays or failures due to circumstances beyond our reasonable control

17. Contact Information

For questions about these Terms, please contact us:

Outsurge
Email: [YOUR EMAIL]
Address: [YOUR ADDRESS]

Important Notes

⚠️ This is a template document. Before using, you must:

  1. Fill in all bracketed placeholders ([DATE], [YOUR STATE/JURISDICTION], [YOUR EMAIL], [YOUR ADDRESS], etc.)
  2. Have this reviewed by a qualified attorney
  3. Customize based on your specific business model and jurisdiction
  4. Consider additional clauses based on your specific needs
  5. Ensure compliance with all applicable laws in your jurisdiction