Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and BlindScreen, Inc. ("BlindScreen," "we," "us," or "our") governing your access to and use of the BlindScreen platform, including the BlindScreen evaluation engine, BlindScreen CRM, Sentinel legal intelligence service, and associated consulting services (collectively, the "Services"), accessible at blindscreen.us and related subdomains.

By accessing or using the Services, you confirm that you are at least 18 years of age, have the legal authority to enter into this agreement on behalf of yourself or your organization, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services.

2. Definitions

3. Account Registration and Access

To access the Services, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.

BlindScreen reserves the right to refuse registration, suspend, or terminate accounts at our discretion, including for violation of these Terms, provision of false information, or conduct that we determine is harmful to other users, third parties, or the Services.

4. Permitted Use and Restrictions

4.1 Permitted Use

Subject to these Terms and payment of applicable fees, BlindScreen grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes in connection with lawful employment screening activities.

4.2 Restrictions

You agree not to, and will not permit others to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation, including employment discrimination laws
• Submit Candidate Data without obtaining all legally required consents from the candidates
• Use the Services to make final employment decisions without human review of AI-generated evaluations
• Attempt to reverse-engineer, decompile, disassemble, or derive source code from the Services
• Resell, sublicense, or otherwise make the Services available to third parties without our written consent
• Use the Services to train competing AI models or products
• Circumvent or attempt to circumvent the anonymization features of the Services
• Introduce malicious code, viruses, or other harmful components into the Services
• Use automated means to access the Services in a manner that exceeds reasonable usage or impairs service availability

5. Customer Responsibilities and Compliance

You acknowledge that BlindScreen is a tool to assist human decision-makers and does not make employment decisions on your behalf. You are solely responsible for:

• Ensuring that your use of the Services complies with all applicable federal, state, and local employment laws, including but not limited to Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, NYC Local Law 144, the Colorado AI Act, and the Illinois Artificial Intelligence Video Interview Act
• Obtaining all required candidate consents before submitting Candidate Data to the Services, including any consents required under applicable AI employment screening laws
• Conducting and documenting annual bias audits of AI-assisted screening results as required by applicable law
• Providing required notices to candidates regarding the use of AI in the hiring process
• Ensuring that human review occurs before any AI evaluation result is used to make or inform a final hiring decision
• Maintaining appropriate data processing agreements with BlindScreen as required by GDPR, CCPA, or other applicable privacy law

BlindScreen provides compliance documentation, audit reports, and governance tools to assist you in meeting these obligations, but such tools do not constitute legal advice and do not substitute for your own legal compliance program.

6. Customer Data and Intellectual Property

6.1 Your Data

You retain all ownership rights in Customer Data. By submitting Customer Data to the Services, you grant BlindScreen a limited, non-exclusive license to process Customer Data solely as necessary to provide the Services and as described in our Privacy Policy. BlindScreen does not claim ownership of Customer Data and will not use it for any purpose beyond service delivery without your consent.

6.2 BlindScreen Intellectual Property

The Services, including all software, algorithms, models, documentation, and content created by BlindScreen, are and remain the exclusive property of BlindScreen and its licensors. These Terms do not grant you any rights to BlindScreen's intellectual property except the limited license described in Section 4.1. BlindScreen, the BlindScreen logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BlindScreen, Inc.

6.3 Feedback

If you provide suggestions, ideas, or feedback about the Services ("Feedback"), you grant BlindScreen a perpetual, irrevocable, royalty-free license to use, reproduce, modify, and incorporate such Feedback into the Services without any obligation to you.

7. Fees and Payment

Access to certain features of the Services requires payment of fees as described in the applicable subscription plan or statement of work. All fees are stated in U.S. dollars and are non-refundable except as expressly provided in these Terms or required by applicable law.

Subscription fees are billed in advance on a monthly or annual basis. If you fail to pay fees when due, we may suspend or terminate your access to the Services after providing 10 days' written notice. We reserve the right to modify our pricing with 30 days' advance notice to existing subscribers.

8. Confidentiality

Each party agrees to keep confidential the other party's non-public, proprietary, or confidential information ("Confidential Information") and to use it only for the purposes of performing obligations or exercising rights under these Terms. This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed by the receiving party without use of Confidential Information; or (d) is required to be disclosed by law or court order.

9. Disclaimers and Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. BLINDSCREEN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLINDSCREEN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BlindScreen's total aggregate liability for any claims arising under or related to these Terms shall not exceed the greater of (a) the total fees paid by you to BlindScreen in the twelve months preceding the claim, or (b) one hundred U.S. dollars ($100.00).

9.3 Employment Decision Disclaimer

BlindScreen is an assistive tool and does not make employment decisions. BlindScreen expressly disclaims all liability for any employment decisions made by customers based on or in connection with the Services. Customers are solely responsible for ensuring that their hiring practices comply with applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless BlindScreen and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Services in violation of these Terms; (b) your violation of any applicable law or regulation, including employment discrimination laws; (c) your failure to obtain required candidate consents; (d) any employment decision you make in connection with the Services; or (e) your infringement of any third-party intellectual property or privacy rights.

11. Term and Termination

These Terms remain in effect for as long as you use the Services or maintain an account. Either party may terminate these Terms at any time upon written notice. BlindScreen may terminate or suspend your access immediately, without prior notice, if you breach these Terms or if required by law.

Upon termination, your right to use the Services ceases immediately. BlindScreen will retain and delete Customer Data in accordance with our Privacy Policy and any applicable data processing agreement. Sections 6.2, 8, 9, 10, and 12 survive termination.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services that cannot be resolved through good-faith negotiation shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with proceedings conducted in English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm. You agree to bring any claim against BlindScreen in your individual capacity only, and not as a plaintiff or class member in any purported class or representative proceeding.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by email and by posting the updated Terms on this page with a revised effective date. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services before the effective date.

14. Miscellaneous

These Terms, together with the Privacy Policy and any applicable subscription agreement or statement of work, constitute the entire agreement between you and BlindScreen with respect to the Services and supersede all prior agreements and understandings. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. BlindScreen's failure to enforce any provision of these Terms shall not constitute a waiver of that provision. You may not assign these Terms without BlindScreen's prior written consent. BlindScreen may assign these Terms in connection with a merger, acquisition, or sale of assets.

15. Contact

These Terms of Service are provided for informational purposes. BlindScreen recommends that customers consult with qualified legal counsel regarding their specific legal obligations.