Terms of Use

Last updated: January 2025

1. Acceptance of Terms

By accessing or using VividHR ("the Platform"), you agree to be bound by these Terms of Use. If you do not agree to these terms, you may not use the Platform. These terms constitute a legally binding agreement between you and VividHR (Pty) Ltd ("we", "our", or "us").

2. Service Description

VividHR is a video-first candidate evaluation platform that enables employers to:

• Invite candidates to submit video introductions via WhatsApp
• Receive AI-generated behavioural and psychological insights for each candidate
• Manage jobs, candidates, and recruitment workflows
• Store and review candidate CVs, videos, and reports

3. Eligibility

To use VividHR, you must:

• Be at least 18 years of age
• Have the legal authority to bind your organisation to these terms
• Operate lawfully within South Africa or other jurisdictions where you use the service
• Not be prohibited from using the service under any applicable laws

4. Account Registration

When creating an account, you agree to:

• Provide accurate and complete information
• Maintain the security of your login credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorised access

5. Employer Responsibilities

Employers must:

1. Obtain Valid Consent: Ensure candidates are fully informed about video collection, AI analysis, and data usage before inviting them to submit videos
2. Lawful Use: Use the Platform only for legitimate recruitment purposes
3. Non-Discrimination: Not use AI insights to discriminate against candidates based on protected characteristics (race, gender, disability, age, etc.)
4. Human Oversight: Ensure all hiring decisions involve human judgment and are not solely based on AI-generated reports
5. Data Accuracy: Maintain accurate candidate information and promptly correct errors
6. Respond to Rights Requests: Cooperate with candidates exercising their POPIA rights

6. Prohibited Uses

You may not:

• Use the Platform for any unlawful purpose
• Invite candidates without proper disclosure and consent
• Share account credentials with unauthorised persons
• Attempt to reverse-engineer or extract our AI algorithms
• Upload malicious content or attempt to compromise system security
• Use the Platform to harass, discriminate, or harm candidates
• Resell or redistribute VividHR services without authorisation
• Use AI reports as the sole basis for hiring decisions

7. AI-Generated Content

Regarding our AI analysis:

• AI-generated insights are probabilistic and may contain errors
• Reports are designed as decision-support tools, not definitive assessments
• AI analysis does not constitute psychological diagnosis or clinical assessment
• We make no guarantees about the accuracy or suitability of AI insights for any specific hiring decision
• You remain responsible for all hiring decisions

8. Intellectual Property

8.1 Our Intellectual Property

VividHR and all associated trademarks, logos, software, algorithms, and content are our exclusive property. You may not copy, modify, distribute, or create derivative works without our written permission.

8.2 Your Content

You retain ownership of content you upload (job descriptions, candidate data, etc.). By using the Platform, you grant us a limited license to process this content for service delivery.

9. Payment & Billing

• Subscription fees are billed monthly or annually as per your selected plan
• Prices are quoted in South African Rand (ZAR) unless otherwise specified
• Payments are processed securely through our payment provider
• Refunds may be issued at our discretion for unused service periods
• We reserve the right to modify pricing with 30 days' notice

10. Limitation of Liability

11. Indemnification

You agree to indemnify and hold harmless VividHR, its directors, employees, and agents from any claims, damages, or expenses arising from:

• Your violation of these Terms
• Your misuse of the Platform
• Your violation of any third-party rights
• Claims by candidates related to your recruitment practices

12. Termination

12.1 By You

You may terminate your account at any time through account settings or by contacting us.

12.2 By Us

We may suspend or terminate your account if you:

• Violate these Terms of Use
• Engage in fraudulent or illegal activity
• Fail to pay applicable fees
• Abuse or misuse the Platform

12.3 Effect of Termination

Upon termination, your access to the Platform will cease. We may retain certain data as required by law or for legitimate business purposes.

13. Modifications to Service

We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time. We will provide reasonable notice of material changes.

14. Governing Law & Disputes

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be resolved through:

1. Good faith negotiation
2. Mediation (if negotiation fails)
3. Arbitration or litigation in the courts of South Africa

15. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and VividHR
• Severability: If any provision is found invalid, the remaining provisions remain in effect
• Waiver: Failure to enforce any provision does not constitute a waiver
• Assignment: You may not assign your rights under these Terms without our consent

16. Contact Information

For questions about these Terms of Use:

Email: [email protected]
Address: [Your Business Address], South Africa