Terms of Use

Last Updated: December 20, 2024

Welcome to VividHR. By accessing or using our platform, you agree to be bound by these Terms of Use. Please read them carefully.

1. Acceptance of Terms

By creating an account or using VividHR, you agree to these Terms of Use and our Privacy Policy. If you do not agree, do not use our services.

2. Description of Service

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

• Collect video submissions from job candidates via WhatsApp
• Analyze videos using AI-powered behavioral assessment
• Generate comprehensive candidate reports
• Manage the recruitment process efficiently

3. User Accounts

3.1 Account Creation: You must provide accurate and complete information when creating an account.

3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials.

3.3 Authorized Users: Only authorized employees of your organization may access your account.

4. Free Trial

New users receive a free trial that includes:

• 1 job posting
• 3 candidate invitations
• 3 video analyses
• 30 days access

The trial expires when any limit is reached or after 30 days, whichever comes first.

5. Paid Services and Billing

5.1 Subscriptions: Paid plans are billed monthly or annually as selected.

5.2 Credits: Pay-as-you-go credits can be purchased for video analyses.

5.3 Payment: Payments are processed securely through Stripe.

5.4 Refunds: Subscription fees are non-refundable. Unused credits expire after 12 months.

5.5 Auto-Renewal: Subscriptions automatically renew unless cancelled before the renewal date.

6. Acceptable Use

You agree NOT to:

• Use the platform for any illegal or unauthorized purpose
• Discriminate against candidates based on protected characteristics
• Upload malicious content or viruses
• Attempt to reverse engineer or hack the platform
• Share your account credentials with unauthorized parties
• Use the service to harass, abuse, or harm others

7. Candidate Data and Privacy

7.1 Data Controller: You are the data controller for candidate information you collect.

7.2 Consent: You must obtain proper consent from candidates before collecting their data.

7.3 POPIA Compliance: You must comply with South Africa's Protection of Personal Information Act.

7.4 Data Deletion: Candidate videos are automatically deleted after your selected retention period.

8. AI Analysis Disclaimer

Our AI analysis tool:

• Provides insights to assist in candidate evaluation
• Should not be the sole basis for hiring decisions
• May contain errors or biases despite our best efforts
• Requires human review and judgment

See our AI Disclaimer for full details.

9. Intellectual Property

9.1 Our IP: VividHR and all related trademarks, logos, and content are our property.

9.2 Your Content: You retain ownership of candidate data you upload, but grant us a license to process it.

9.3 VIVID-FIT: Our proprietary assessment framework is protected intellectual property.

10. Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service. We may perform maintenance with notice when possible.

11. Termination

11.1 By You: You may cancel your account at any time from account settings.

11.2 By Us: We may suspend or terminate accounts that violate these terms.

11.3 Effect: Upon termination, you lose access to the platform and your data will be deleted according to our retention policy.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• VividHR is provided "AS IS" without warranties of any kind
• We are not liable for hiring decisions made using our platform
• Our total liability is limited to the amount you paid in the past 12 months
• We are not liable for indirect, consequential, or punitive damages

13. Indemnification

You agree to indemnify VividHR against claims arising from your use of the platform, violation of these terms, or violation of any rights of another party.

14. Dispute Resolution

14.1 Governing Law: These terms are governed by the laws of South Africa.

14.2 Jurisdiction: Disputes will be resolved in the courts of South Africa.

14.3 Mediation: We encourage good-faith attempts to resolve disputes through mediation before litigation.

15. Changes to Terms

We may update these Terms of Use. Material changes will be communicated via email 30 days before taking effect.

16. Contact Information

For questions about these Terms:

• Email: [email protected]
• Address: VividHR (Pty) Ltd, South Africa

17. Severability

If any provision of these Terms is found invalid, the remaining provisions will continue in full effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and AI Disclaimer, constitute the entire agreement between you and VividHR.