Terms & Conditions

Terms & Conditions

Terms & Conditions

Updated 19/11/2025

1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the Hyaa AI platform, including all related websites, applications, dashboards, APIs, services, features, documentation, and content (collectively, the “Service”) provided by Hyaa AI Pty Ltd (ACN 688 712 807, ABN 77 688 712 807), with a registered office at 65 Maroochy Boulevard, Maroochydore QLD 4558, Australia (“Hyaa AI”, “we”, “our”, or “us”).

By accessing, browsing, or using any part of the Service including the hyaa.ai website, creating an account, or interacting with candidate-facing interview flows, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

These Terms apply to all business users of the Service, including employers, recruiters, staffing agencies, and authorized representatives (“you”, “your”). Use of the Service by individual job candidates is governed by separate candidate-specific terms and privacy notices presented at the time of interaction.

We may update or revise these Terms periodically. Changes take effect when posted on our website or communicated directly. Your continued use of the Service after any update constitutes acceptance of the revised Terms.

2. Acceptance of Terms

By accessing, registering for, or using any part of the Service, you acknowledge and agree that:

  1. You have read, understood, and agree to be legally bound by these Terms, together with any policies or documents expressly incorporated by reference (including our Privacy Policy, Product Privacy Notice, and Data Processing Addendum where applicable).

  2. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind that entity. If you do not have such authority, you must not use the Service.

  3. Your continued use of the Service constitutes acceptance of the most current version of these Terms. We may update or modify these Terms at our discretion. Updates will take effect when posted on our website or otherwise communicated to you.

  4. If you do not agree to the current Terms, you must immediately stop using the Service and close your account.

  5. Additional agreements may apply to specific features, integrations, or enterprise arrangements. Where conflicts arise, the order of precedence will be defined in the applicable commercial agreement or Data Processing Addendum.

3. Eligibility & User Types

Business Use Only
The Service is intended for use by legitimate business entities, employers, recruiters, staffing agencies, and their authorized representatives. By registering or using the Service, you confirm that you are accessing it in a professional capacity and not as a private consumer.

Authority to Bind an Entity
If you create or access an account on behalf of a company or organization, you represent and warrant that you are authorized to bind that entity to these Terms.

Minimum Age Requirement
You must be at least 18 years old and legally capable of entering into binding agreements under applicable law.

Employer-Side Users
Access to the full Service is currently limited to employer-side users. These include:

  • hiring managers

  • internal recruiters

  • HR teams

  • staffing agencies

  • third-party service providers acting on behalf of an employer

Such users may access dashboards, invite candidates, process interviews, and manage data within their organization’s account.

Candidate Users
Job candidates may interact with portions of the Service without registering an account (e.g., completing interviews, uploading resumes). Candidate interactions are governed by separate candidate-facing notices and consent flows.

Minors and Youth Candidates
Some candidates may be under 18.
By using the Service, you agree that:

  • you will not intentionally target or recruit minors in violation of local laws

  • you are solely responsible for verifying eligibility and obtaining any additional legally required consents (e.g., guardian consent for minors under applicable regional laws)

  • you will ensure candidates receive accurate information about how their data is used before they proceed

Right to Refuse Access
We reserve the right to deny or revoke access to any user or organization at our sole discretion, including where we suspect:

  • misuse of the Service

  • impersonation

  • fraudulent or unlawful activity

  • a breach of these Terms

4. Account Registration & Security

Account Creation
To access employer-facing features of the Service, you must create an account and provide accurate, current, and complete information. You agree to keep all account details up to date, including organizational, billing, and contact information.

Organizational Accounts & Authorized Users
Where your organization creates multiple seats or sub-accounts:

  • you are responsible for managing and authorizing your users

  • you must ensure each authorized user complies with these Terms

  • actions taken by any authorized user are deemed actions of your organization

We may request proof of authorization or identity where reasonably required.

Security of Credentials
You are responsible for safeguarding all login credentials including passwords, authentication tokens, and API keys associated with your account. You agree not to:

  • share credentials with unauthorized individuals

  • reuse weak or compromised passwords

  • store credentials insecurely

  • allow others to access the Service on your behalf without proper authorization

Account Activity Responsibility
You are liable for all activity that occurs under your account, whether or not you authorized the activity. We are not responsible for any loss or damage arising from your failure to secure your account or credentials.

Notification of Unauthorized Access
You must promptly notify us if you suspect:

  • unauthorized access to your account

  • lost or compromised credentials

  • suspicious activity or security concerns

  • misuse of any API keys or integrations

We may require you to reset passwords or take other actions to protect your account.

Suspension for Security or Compliance Reasons
We may suspend or restrict access if we reasonably suspect:

  • a security incident

  • unauthorized or fraudulent use

  • a breach of these Terms

  • harm to platform stability or integrity

Suspension does not relieve you of payment obligations.

Account Recovery & Access Control
In multi-user organizations, ownership of an account (including data access and administrative control) is attributed to the organization, not to an individual user. If there is a dispute:

  • we may rely on corporate records, email domain ownership, or other evidence

  • we may require identity verification before restoring access

API Access (if applicable)
If your account includes API access, you agree to:

  • use API keys securely
    implement reasonable rate limiting

  • avoid excessive or abusive requests

  • comply with any API documentation or technical restrictions

Abuse or misuse may result in throttling or suspension.

5. Description of Services

Hyaa AI is a cloud-based hiring automation platform that assists employers in managing and streamlining parts of the recruitment process using conversational AI, automated scoring, structured data extraction, and workflow tools (collectively, the “Service”).

5.1 Core Platform Capabilities
The Service may include, without limitation:

  • creating, publishing, and managing job postings

  • inviting candidates to complete asynchronous, voice-based interviews

  • collecting candidate responses via web, mobile, SMS, QR codes, or integrated channels

  • generating automated transcripts, summaries, insights, and AI-driven scoring

  • presenting structured shortlists and ranking candidates against employer criteria

  • managing candidate pipelines, notes, and hiring workflow actions

  • exporting or integrating interview results into third-party systems

  • dashboard analytics and reporting

  • managing organizational settings, users, roles, and permissions

5.2 Supplementary Features
Depending on your plan and enabled modules, the Service may also support:

  • automated reference checks

  • background check integrations (where available and legally permitted)

  • SMS and email communications

  • webhook and API integrations

  • team collaboration features

  • advanced analytics, audit logs, and compliance tools

  • enterprise security and SSO (if included in your plan)

5.3 AI-Generated Outputs
The Service uses automated and AI-assisted technologies to generate transcripts, insights, and scoring. You acknowledge that:

  • AI outputs may not always be fully accurate

  • automated scoring should not be used as the sole basis for any hiring decision

  • you remain solely responsible for verifying candidate information and ensuring lawful hiring practices

5.4 Evolving Nature of the Service
We may introduce new features, update existing functionality, modify user interfaces, or remove components of the Service as part of ongoing improvements. These changes may occur with or without prior notice, provided they do not materially reduce the core functionality of your purchased plan.

Beta or experimental features may be provided on an “as available” basis and may be modified or discontinued at any time.

5.5 Third-Party Services & Integrations
Some features may depend on third-party services, such as:

  • SMS or telephony providers

  • background screening vendors

  • HRIS/ATS integrations

  • payment processors

  • identity or SSO providers

Use of third-party services may be subject to additional terms and fees imposed by those providers. We are not responsible for the performance, security, or availability of third-party systems.

5.6 No Hiring or Employment Guarantees
While the Service is designed to support recruitment workflows, Hyaa AI does not:

  • verify candidate identity

  • validate credentials, experience, or suitability

  • make hiring decisions on your behalf

  • guarantee hiring outcomes or candidate quality

All hiring decisions remain solely your responsibility.

6. Plans,  Payments & Credits

Hyaa AI operates on subscription-based plans and usage-based credits. Your access to specific features, limits, and entitlements depends on the plan you select and the credits you purchase.

6.1 Plan Types
We may offer various plan tiers (e.g., Free, Starter, Growth, Pro/Agency, Enterprise), each with defined limits on:

  • active jobs

  • included interview minutes or credits

  • seats and permissions

  • integrations

  • analytics and reporting capabilities

  • support levels and SLAs

  • branding and white-label options

Plan entitlements are described on our website or in your commercial agreement.

6.2 Credit-Based Usage
Certain features including interviews, voice processing, transcripts, automation tasks, and other consumable services require credits. Credits:

  • are purchased in advance

  • are consumed when you perform actions defined in your plan

  • may differ in value between plan tiers

  • may expire after a disclosed period

  • are non-refundable except as required by law

Your dashboard displays your real-time credit balance and usage.

6.3 Free Trials
We may offer free trials or promotional usage. Trial features and limits are subject to change or termination at our discretion. Trial outputs may be restricted or watermarked.

We reserve the right to revoke trial access in cases of misuse or suspected abuse.

6.4 Purchasing Credits & Subscriptions
Purchases may be made through Stripe or other supported payment processors. By submitting payment information, you authorize us to:

  • charge the applicable fees to your selected payment method

  • store your payment details securely with our payment processor

  • charge recurring subscription fees (if applicable)

Multi-currency support may be available depending on your region.

6.5 Billing, Invoicing & Tax
Invoices and receipts will be available via your dashboard or emailed to your billing contact.

Fees:

  • may be listed excluding or including taxes depending on your region

  • may be subject to VAT/GST, sales tax, or other applicable taxes

  • may include additional charges for add-ons or overage usage

You are responsible for providing accurate billing information and maintaining valid payment details.

6.6 No Refunds
Except where required by law:

  • all purchases are final

  • credits are non-refundable

  • unused credits or subscription benefits are not transferable

  • downgrades do not entitle you to prorated refunds

6.7 Failed Payments & Suspension
If a payment fails or your credit balance reaches zero:

  • access to certain features may be limited

  • interview invites may be paused

  • we may suspend your account until payment is resolved

We may attempt to re-process failed payments using the stored payment method.

6.8 Changes to Pricing
We may update pricing, plan structures, or credit consumption rates from time to time. Material changes will be communicated in advance via email, dashboard notifications, or website updates.

Your continued use of the Service after pricing updates constitutes acceptance of the new rates.

6.9 Enterprise & Custom Agreements
If you have a separate written agreement with us (e.g., Enterprise MSA, volume licensing, custom pricing):

  • that agreement governs where it conflicts with this section

  • custom SLAs, billing schedules, and credit models may apply

7. Usage Restrictions

You agree to use the Service only for lawful, authorized, and ethical purposes. You must not, and must not permit any user or third party to:

7.1 Prohibited Technical Conduct

  • access, probe, scan, or test the Service using automated tools (including bots, scrapers, crawlers, scripts, or unauthorized API clients)

  • bypass, disable, or interfere with authentication, rate limits, credit consumption controls, or any security feature

  • attempt to copy, modify, reverse engineer, decompile, disassemble, or derive source code, models, or underlying algorithms of the Service

  • interfere with or disrupt servers, networks, or the operational integrity of the platform

  • upload or transmit viruses, malware, trojans, corrupted files, or harmful code

  • impersonate any person, organization, or representative without proper authority

7.2 Prohibited Behavioral Conduct
(Integrating the website’s user-behaviour restrictions)

You must not:

  • engage in harassment, abuse, intimidation, or behaviour intended to cause distress to any user or candidate

  • transmit obscene, offensive, threatening, or unlawful content

  • engage in behaviour that disrupts the normal use or flow of the Service

  • attempt to manipulate or interfere with candidate experiences or interview processes in harmful or deceptive ways

7.3 Prohibited Use of Data and Outputs
You must not:

  • use the Service to engage in discriminatory or unlawful hiring practices

  • process candidate data without a lawful basis, required notices, or required consents

  • use AI-generated insights or scoring as the sole basis for any hiring decision

  • repurpose candidate data for unrelated marketing, profiling, or resale

  • store, export, or otherwise handle data in violation of applicable privacy or employment laws

7.4 Prohibited Commercial Conduct
You must not:

  • resell, lease, sublicense, white-label, or otherwise commercialize the Service without written permission

  • use the Service to build, train, or improve competing products or datasets

  • misrepresent your relationship with Hyaa AI when interacting with candidates or third parties

7.5 Protection of Platform Integrity
You must not:

  • perform load testing, penetration testing, or security audits without written authorization

  • use the platform in a way that imposes unreasonable demand, strain, or harm on infrastructure

  • circumvent feature limits, seats, credit requirements, or usage caps

7.6 Enforcement

We may investigate violations and take appropriate action, including:

  • rate limiting or throttling

  • temporary or permanent suspension

  • account termination

  • legal action where required

Your failure to comply with this section may result in immediate suspension or termination without refund.

8. Candidate Data & Consent

Use of the Service may involve the collection and processing of personal information relating to job candidates (“Candidate Data”). Candidate Data may include names, contact details, resumes, voice recordings, interview responses, transcripts, scores, analytics, metadata, and other information provided or generated during the recruitment process.

8.1 Employer as Data Controller
You acknowledge and agree that:

  • you are the data controller of all Candidate Data you collect, upload, or process through the Service

  • you determine the purpose and means of processing Candidate Data

  • you are solely responsible for complying with all applicable employment, privacy, and discrimination laws

  • you must ensure you have a lawful basis (e.g., consent or legitimate interest) to collect and process Candidate Data

  • you must provide candidates with accurate and sufficient notices regarding how their data will be used

Where required by law (e.g., for EU/UK, certain US states), you must also ensure you have implemented appropriate privacy notices and consent mechanisms.

8.2 Hyaa AI as Service Provider / Processor
To the extent that we process Candidate Data on your behalf, we act as:

  • a data processor or service provider under relevant privacy legislation

  • limited strictly to processing Candidate Data according to your instructions

  • not a controller of Candidate Data, and not responsible for your hiring practices

Additional obligations, including security measures, international transfers, and data rights, are described in the Product Privacy Notice / Data Processing Addendum (DPA) applicable to your plan.

8.3 Candidate Notices & Pre-Interview Consent
Candidates interacting with the Service (via SMS, email link, QR code, or browser) will be shown a pre-interview notice explaining:

  • the nature and purpose of the interview

  • the categories of data collected (e.g., audio, transcripts, scoring)

  • how their responses will be processed by AI

  • how data may be used by the employer

  • any applicable retention periods

  • a clear consent mechanism, checkbox, or “continue” acknowledgement

By proceeding past the pre-interview screen, the candidate provides consent (or equivalent legally valid permission) for the processing of their data for recruitment-related purposes.

8.4 Employer Responsibilities Toward Candidates
You are responsible for ensuring that:

  • the information you present to candidates is accurate and not misleading

  • candidate-facing messages, job advertisements, interview instructions, and notices comply with applicable law

  • Candidate Data is not used in ways that may be discriminatory, unlawful, or unethical

  • candidates have a way to exercise any legally applicable privacy rights (e.g., access, correction, deletion)

If candidates submit privacy requests directly to us, we may notify you or instruct them to contact you as the data controller.

8.5 Minors & Age-Specific Requirements
Some candidates may be under 18. By using the Service, you agree that:

  • you will not intentionally target or recruit minors in violation of hiring laws

  • you will verify candidate eligibility where legally required

  • you will obtain any required additional consents (e.g., guardian consent for minors under certain age thresholds such as under 15 in Australia)

  • you understand that AI analysis of minors may be subject to additional restrictions in some jurisdictions

We do not knowingly process children’s data without appropriate lawful basis and notice.

8.6 Data Retention
Candidate Data may be retained by Hyaa AI for a limited period to support:

  • technical processing

  • quality assurance

  • audit, compliance, or troubleshooting

  • legal obligations

Employers may request deletion of Candidate Data through their dashboard or by contacting support, subject to applicable legal retention requirements.

We do not retain Candidate Data longer than necessary for operational purposes unless required by law.

8.7 No Sale of Candidate Data
We do not sell, trade, or monetize Candidate Data.
We do not share Candidate Data with third parties except:

  • as required by law or lawful request

  • with subprocessors disclosed in our DPA

  • at your explicit instruction

8.8 Responsibility for Hiring Decisions
Candidate Data and AI-generated insights are provided to support your recruitment process. You acknowledge that:

  • you are solely responsible for all hiring decisions

  • AI-generated scores or insights must not be used as the sole basis for adverse decisions

  • you must implement human review and comply with all fairness and anti-discrimination laws

9. Intellectual Property

9.1 Ownership of the Service
All rights, title, and interest in and to the Service including all software, code, models, algorithms, user interfaces, visual design, documentation, architecture, databases, analytics, operational processes, and all related intellectual property are and will remain the exclusive property of Hyaa AI Pty Ltd and its licensors.

No rights are granted to you other than the limited, revocable right to access and use the Service in accordance with these Terms.

9.2 Restrictions
You must not, and must not permit any third party to:

  • copy, reproduce, republish, mirror, or modify any part of the Service

  • attempt to discover or extract source code, underlying models, structures, or algorithms

  • create derivative works based on the Service

  • remove, obscure, or alter any copyright, trademark, or proprietary notice

  • use Hyaa AI’s name, logo, trademarks, or branding without written permission (unless permitted under the “Publicity & Logo Use” clause)

  • use any data, models, or features of the Service to build, train, or improve competing AI systems, recruitment tools, or datasets

9.3 Your Data
All data you upload into the Service including job information, employer settings, candidate lists, resumes, interview content, and related metadata (“Your Data”) remains your property.

You grant Hyaa AI a limited, worldwide, non-exclusive license to process, store, transmit, analyze, display, and use Your Data solely for:

  • providing and improving the Service

  • maintaining platform functionality and integrity

  • troubleshooting, support, and security

  • compliance with legal obligations

9.4 AI-Generated Outputs
AI outputs generated by the Service including transcripts, summaries, insights, and scoring are derived from Your Data. Subject to third-party rights and applicable law:

  • you may use AI outputs for your internal business and recruitment purposes

  • Hyaa AI retains all IP rights in the underlying models, methods, and systems that generate such outputs

You may not resell or redistribute AI outputs in a manner that competes with Hyaa AI or violates these Terms.

9.5 Aggregated and Anonymised Data
Hyaa AI may generate, use, or publish aggregated, anonymised, or de-identified data for:

  • product improvement

  • benchmarking

  • analytics

  • reporting

  • research and development

Such data will not identify you, your organization, or any candidate.

9.6 Feedback and Suggestions
If you provide feedback, ideas, feature suggestions, or improvement requests (“Feedback”), you agree that:

  • Hyaa AI may use such Feedback freely without obligation

  • ownership of the Service, including future enhancements, remains with Hyaa AI

  • you are not entitled to compensation or attribution for Feedback

Feedback is voluntary and does not create confidentiality obligations for Hyaa AI.

10. Publicity & Use of Logos

10.1 Limited Right to Identify You as a Customer
Unless you opt out, you grant Hyaa AI a non-exclusive, royalty-free, worldwide license to use your company name, logo, and publicly available brand assets solely for the purpose of identifying your organization as a customer of the Service.

This may include limited use in:

  • our website and landing pages

  • pitch decks and sales presentations

  • investor materials

  • customer lists and case studies

  • product onboarding screens showcasing live customers

We will not modify your logo or brand assets except for standard resizing or formatting requirements.

10.2 Optional Participation in Marketing Content
You may be invited, but are never obligated, to participate in:

  • case studies

  • interviews

  • testimonials

  • co-marketing campaigns

  • webinars or events

Such participation will always require your prior written approval.

10.3 Opt-Out
You may opt out of all logo and name usage at any time by emailing support@hyaa.ai or legal@hyaa.ai.

Upon receiving your opt-out request, we will:

  • remove your logo from active public materials within a reasonable timeframe; and

  • cease using your branding in future materials.

This does not require termination of your account.

10.4 No Rights Granted to You
Nothing in this section grants you any rights to Hyaa AI’s trademarks, service marks, or branding. All use of Hyaa AI’s brand requires express written permission, unless otherwise provided in these Terms.

11. Termination

11.1 Termination by You
You may terminate your account at any time by:

Termination will take effect at the end of your current billing period unless otherwise required by law or a separate written agreement.

Unused credits, prepaid fees, or remaining subscription time are not refundable, except where required by applicable law.

11.2 Termination or Suspension by Hyaa AI
We may suspend or terminate your access to the Service, with or without notice, if:

  • you violate these Terms

  • your payment fails or remains unpaid after reminders

  • we detect misuse, fraud, security risks, or unauthorized activity

  • your actions threaten the stability or integrity of the platform

  • we are required by law, court order, or government directive

  • you refuse to comply with necessary verification steps

  • your organization is engaged in unlawful hiring practices or discriminatory use of AI outputs

In severe or urgent cases (e.g., security threats, platform abuse), suspension may be immediate.

11.3 Effect of Termination
Upon termination:

  • your access to the Service is revoked

  • your seats, jobs, interview links, and API access will be disabled

  • all unused credits, subscriptions, or entitlements will be forfeited

  • we may close all associated sub-accounts and user seats

Termination does not affect your obligation to pay any outstanding fees or charges incurred before the termination date.

11.4 Treatment of Employer Data & Candidate Data
After termination:

  • employer-side data (e.g., jobs, settings, dashboards) may be retained or deleted according to our retention policies

  • candidate data (e.g., interviews, transcripts, scoring) may be deleted, anonymized, or retained as required for security, auditing, or legal compliance

  • you may request deletion of Candidate Data, subject to legal restrictions

  • we are not obligated to maintain or provide access to data after termination unless required by a written agreement or applicable law

If your plan includes a DPA, the data handling obligations in the DPA will govern.

11.5 Survival of Key Terms
The following sections survive termination:

  • Intellectual Property

  • Payment Obligations

  • Usage Restrictions

  • Indemnity

  • Disclaimers & Limitation of Liability

  • Governing Law

  • Data Processing obligations (as applicable through your DPA)

These survive to the extent necessary to enforce rights and obligations that arose prior to termination.

11.6 No Liability for Termination
To the maximum extent permitted by law, Hyaa AI is not liable for any loss, damage, or consequences arising from any suspension or termination carried out under this section.

12. Disclaimer & Limitation of Liability

12.1 Service Provided “As Is”
The Service is provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, Hyaa AI disclaims all warranties, express or implied, including:

  • fitness for a particular purpose

  • merchantability

  • accuracy, reliability, or completeness of AI-generated insights, transcripts, or scoring

  • availability, uptime guarantees, or error-free operation

  • compatibility with third-party services, systems, or integrations

We do not guarantee that the Service will meet your hiring or business outcomes.

12.2 No Warranties for AI Outputs
You acknowledge that:

  • AI-generated outputs may not always be correct, complete, unbiased, or fit for your specific use

  • automated scoring must not be used as the sole basis for any hiring or adverse action

  • AI behaviour may vary depending on inputs, environment, and model updates

You are solely responsible for verifying information and for ensuring lawful decision-making.

12.3 No Responsibility for Candidate Identity or Content
We do not:

  • verify candidate identities

  • validate resume content or claims

  • ensure the accuracy or suitability of candidate submissions

  • mediate disputes between candidates and employers

12.4 Security, Transmission & Technical Risks
We do not warrant that:

  • the Service will be uninterrupted or error-free

  • transmissions will be secure or free from delays

  • data will never be lost, corrupted, intercepted, or accessed unlawfully

To align with your website terms, the following examples are explicitly incorporated:

Hyaa AI is not liable for damages arising from:

  • unauthorized access to servers or stored information

  • viruses, malware, trojans, or harmful code transmitted by third parties

  • interruptions, outages, or failures in hosting, telecommunications, or networks

  • bugs, errors, or omissions in any content or functionality

  • service disruptions outside Hyaa AI’s reasonable control

12.5 Limitation of Liability
To the maximum extent permitted by applicable law, Hyaa AI Pty Ltd and its affiliates shall not be liable for:

  • loss of profits, revenue, business, customers, opportunities, or goodwill

  • loss of data, loss of use, or corruption of information

  • indirect, incidental, punitive, or consequential damages

  • reputational damage, employment claims, or discrimination claims arising from your use of AI outputs

In all cases, Hyaa AI’s total aggregate liability for all claims arising out of or related to these Terms or your use of the Service shall not exceed the total amount paid by you to Hyaa AI in the 3 months preceding the event giving rise to the claim.

If no fees were paid (e.g., during free trials), liability is limited to AUD $100.

12.6 Exceptions
Some jurisdictions do not permit the exclusion of certain warranties or the limitation of liability for certain types of damages. In those cases, the limitations in this section apply only to the extent permitted by law.

12.7 Third-Party Services
We are not responsible or liable for:

  • actions, failures, or obligations of third-party providers (SMS gateways, background checks, payment processors, AI vendors, telephony services, integrations)

  • data loss, outages, or costs generated by those providers

12.8 Employer Responsibility
You are solely responsible for:

  • all hiring decisions

  • the content you provide to candidates

  • compliance with employment, privacy, and discrimination laws

  • ensuring AI outputs are used responsibly and with human oversight

13. Indemnity

13.1 Your Indemnification Obligations

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Hyaa AI Pty Ltd, its directors, officers, employees, contractors, affiliates, and service providers (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, penalties, costs, and expenses (including reasonable legal fees) arising out of or relating to:

a) Your Use or Misuse of the Service

  • violations of these Terms

  • misuse, abuse, or unauthorized use of any part of the platform

  • sharing access with unauthorized persons

  • interference with platform functionality or security

b) Your Handling of Candidate Data
Including claims arising from:

  • failure to obtain valid consent from candidates

  • unlawful or non-compliant processing of Candidate Data

  • inaccuracies or misrepresentations in your candidate-facing notices

  • any breach of privacy, data protection, or employment laws by your organization

c) Your Hiring Practices
You indemnify Hyaa AI against claims related to:

  • discrimination allegations

  • unfair hiring or employment practices

  • reliance on AI outputs without adequate human evaluation

  • misuse of transcripts, summaries, scoring, or insights

d) Your Data, Content, or Materials
Claims alleging that Your Data:

  • infringes intellectual property or privacy rights

  • was collected, provided, or used unlawfully

  • was inaccurate, misleading, defamatory, or harmful

e) Third-Party or Government Actions
Any action, complaint, investigation, or penalty arising from your:

  • violation of applicable laws

  • failure to comply with industry or regulatory obligations

  • use of Hyaa AI to conduct prohibited, unethical, or unlawful activities

13.2 Hyaa AI’s Right to Assume Control
If a claim arises that is subject to indemnification:

  • Hyaa AI may elect to assume exclusive control of the defense

  • you must cooperate fully and promptly with our requests

  • you may not settle any claim without our prior written consent
    (especially if it imposes obligations on Hyaa AI or admits fault)

This ensures claims are handled consistently and professionally.

13.3 Indemnity Does Not Apply Where Hyaa AI Is at Fault
You are not responsible for indemnifying Hyaa AI for claims arising directly from:

  • Hyaa AI’s own willful misconduct

  • proven gross negligence

  • Hyaa AI’s separate obligations under an executed DPA or MSA (if applicable)

This keeps the clause fair and balanced.

14. Governing  Law

These Terms are governed by, and must be interpreted in accordance with, the laws of Queensland, Australia, without regard to conflict-of-law principles that might apply the laws of another jurisdiction.

You agree that any dispute, claim, or proceeding arising out of or relating to these Terms or your use of the Service will be subject to the exclusive jurisdiction of the courts of Queensland, Australia. You consent to the personal jurisdiction and venue of those courts.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. No failure or delay in exercising any right under these Terms constitutes a waiver of that right.

15. Contact Information

If you have questions, concerns, or requests relating to these Terms, the Service, or your account, you may contact us using the details below:

Hyaa AI Pty Ltd
65 Maroochy Boulevard
Maroochydore QLD 4558
Australia

Legal enquiries: legal@hyaa.ai
Support enquiries: support@hyaa.ai

We will make reasonable efforts to respond to all legitimate requests in a timely manner.

Updated 19/11/2025

1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the Hyaa AI platform, including all related websites, applications, dashboards, APIs, services, features, documentation, and content (collectively, the “Service”) provided by Hyaa AI Pty Ltd (ACN 688 712 807, ABN 77 688 712 807), with a registered office at 65 Maroochy Boulevard, Maroochydore QLD 4558, Australia (“Hyaa AI”, “we”, “our”, or “us”).

By accessing, browsing, or using any part of the Service including the hyaa.ai website, creating an account, or interacting with candidate-facing interview flows, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

These Terms apply to all business users of the Service, including employers, recruiters, staffing agencies, and authorized representatives (“you”, “your”). Use of the Service by individual job candidates is governed by separate candidate-specific terms and privacy notices presented at the time of interaction.

We may update or revise these Terms periodically. Changes take effect when posted on our website or communicated directly. Your continued use of the Service after any update constitutes acceptance of the revised Terms.

2. Acceptance of Terms

By accessing, registering for, or using any part of the Service, you acknowledge and agree that:

  1. You have read, understood, and agree to be legally bound by these Terms, together with any policies or documents expressly incorporated by reference (including our Privacy Policy, Product Privacy Notice, and Data Processing Addendum where applicable).

  2. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind that entity. If you do not have such authority, you must not use the Service.

  3. Your continued use of the Service constitutes acceptance of the most current version of these Terms. We may update or modify these Terms at our discretion. Updates will take effect when posted on our website or otherwise communicated to you.

  4. If you do not agree to the current Terms, you must immediately stop using the Service and close your account.

  5. Additional agreements may apply to specific features, integrations, or enterprise arrangements. Where conflicts arise, the order of precedence will be defined in the applicable commercial agreement or Data Processing Addendum.

3. Eligibility & User Types

Business Use Only
The Service is intended for use by legitimate business entities, employers, recruiters, staffing agencies, and their authorized representatives. By registering or using the Service, you confirm that you are accessing it in a professional capacity and not as a private consumer.

Authority to Bind an Entity
If you create or access an account on behalf of a company or organization, you represent and warrant that you are authorized to bind that entity to these Terms.

Minimum Age Requirement
You must be at least 18 years old and legally capable of entering into binding agreements under applicable law.

Employer-Side Users
Access to the full Service is currently limited to employer-side users. These include:

  • hiring managers

  • internal recruiters

  • HR teams

  • staffing agencies

  • third-party service providers acting on behalf of an employer

Such users may access dashboards, invite candidates, process interviews, and manage data within their organization’s account.

Candidate Users
Job candidates may interact with portions of the Service without registering an account (e.g., completing interviews, uploading resumes). Candidate interactions are governed by separate candidate-facing notices and consent flows.

Minors and Youth Candidates
Some candidates may be under 18.
By using the Service, you agree that:

  • you will not intentionally target or recruit minors in violation of local laws

  • you are solely responsible for verifying eligibility and obtaining any additional legally required consents (e.g., guardian consent for minors under applicable regional laws)

  • you will ensure candidates receive accurate information about how their data is used before they proceed

Right to Refuse Access
We reserve the right to deny or revoke access to any user or organization at our sole discretion, including where we suspect:

  • misuse of the Service

  • impersonation

  • fraudulent or unlawful activity

  • a breach of these Terms

4. Account Registration & Security

Account Creation
To access employer-facing features of the Service, you must create an account and provide accurate, current, and complete information. You agree to keep all account details up to date, including organizational, billing, and contact information.

Organizational Accounts & Authorized Users
Where your organization creates multiple seats or sub-accounts:

  • you are responsible for managing and authorizing your users

  • you must ensure each authorized user complies with these Terms

  • actions taken by any authorized user are deemed actions of your organization

We may request proof of authorization or identity where reasonably required.

Security of Credentials
You are responsible for safeguarding all login credentials including passwords, authentication tokens, and API keys associated with your account. You agree not to:

  • share credentials with unauthorized individuals

  • reuse weak or compromised passwords

  • store credentials insecurely

  • allow others to access the Service on your behalf without proper authorization

Account Activity Responsibility
You are liable for all activity that occurs under your account, whether or not you authorized the activity. We are not responsible for any loss or damage arising from your failure to secure your account or credentials.

Notification of Unauthorized Access
You must promptly notify us if you suspect:

  • unauthorized access to your account

  • lost or compromised credentials

  • suspicious activity or security concerns

  • misuse of any API keys or integrations

We may require you to reset passwords or take other actions to protect your account.

Suspension for Security or Compliance Reasons
We may suspend or restrict access if we reasonably suspect:

  • a security incident

  • unauthorized or fraudulent use

  • a breach of these Terms

  • harm to platform stability or integrity

Suspension does not relieve you of payment obligations.

Account Recovery & Access Control
In multi-user organizations, ownership of an account (including data access and administrative control) is attributed to the organization, not to an individual user. If there is a dispute:

  • we may rely on corporate records, email domain ownership, or other evidence

  • we may require identity verification before restoring access

API Access (if applicable)
If your account includes API access, you agree to:

  • use API keys securely
    implement reasonable rate limiting

  • avoid excessive or abusive requests

  • comply with any API documentation or technical restrictions

Abuse or misuse may result in throttling or suspension.

5. Description of Services

Hyaa AI is a cloud-based hiring automation platform that assists employers in managing and streamlining parts of the recruitment process using conversational AI, automated scoring, structured data extraction, and workflow tools (collectively, the “Service”).

5.1 Core Platform Capabilities
The Service may include, without limitation:

  • creating, publishing, and managing job postings

  • inviting candidates to complete asynchronous, voice-based interviews

  • collecting candidate responses via web, mobile, SMS, QR codes, or integrated channels

  • generating automated transcripts, summaries, insights, and AI-driven scoring

  • presenting structured shortlists and ranking candidates against employer criteria

  • managing candidate pipelines, notes, and hiring workflow actions

  • exporting or integrating interview results into third-party systems

  • dashboard analytics and reporting

  • managing organizational settings, users, roles, and permissions

5.2 Supplementary Features
Depending on your plan and enabled modules, the Service may also support:

  • automated reference checks

  • background check integrations (where available and legally permitted)

  • SMS and email communications

  • webhook and API integrations

  • team collaboration features

  • advanced analytics, audit logs, and compliance tools

  • enterprise security and SSO (if included in your plan)

5.3 AI-Generated Outputs
The Service uses automated and AI-assisted technologies to generate transcripts, insights, and scoring. You acknowledge that:

  • AI outputs may not always be fully accurate

  • automated scoring should not be used as the sole basis for any hiring decision

  • you remain solely responsible for verifying candidate information and ensuring lawful hiring practices

5.4 Evolving Nature of the Service
We may introduce new features, update existing functionality, modify user interfaces, or remove components of the Service as part of ongoing improvements. These changes may occur with or without prior notice, provided they do not materially reduce the core functionality of your purchased plan.

Beta or experimental features may be provided on an “as available” basis and may be modified or discontinued at any time.

5.5 Third-Party Services & Integrations
Some features may depend on third-party services, such as:

  • SMS or telephony providers

  • background screening vendors

  • HRIS/ATS integrations

  • payment processors

  • identity or SSO providers

Use of third-party services may be subject to additional terms and fees imposed by those providers. We are not responsible for the performance, security, or availability of third-party systems.

5.6 No Hiring or Employment Guarantees
While the Service is designed to support recruitment workflows, Hyaa AI does not:

  • verify candidate identity

  • validate credentials, experience, or suitability

  • make hiring decisions on your behalf

  • guarantee hiring outcomes or candidate quality

All hiring decisions remain solely your responsibility.

6. Plans,  Payments & Credits

Hyaa AI operates on subscription-based plans and usage-based credits. Your access to specific features, limits, and entitlements depends on the plan you select and the credits you purchase.

6.1 Plan Types
We may offer various plan tiers (e.g., Free, Starter, Growth, Pro/Agency, Enterprise), each with defined limits on:

  • active jobs

  • included interview minutes or credits

  • seats and permissions

  • integrations

  • analytics and reporting capabilities

  • support levels and SLAs

  • branding and white-label options

Plan entitlements are described on our website or in your commercial agreement.

6.2 Credit-Based Usage
Certain features including interviews, voice processing, transcripts, automation tasks, and other consumable services require credits. Credits:

  • are purchased in advance

  • are consumed when you perform actions defined in your plan

  • may differ in value between plan tiers

  • may expire after a disclosed period

  • are non-refundable except as required by law

Your dashboard displays your real-time credit balance and usage.

6.3 Free Trials
We may offer free trials or promotional usage. Trial features and limits are subject to change or termination at our discretion. Trial outputs may be restricted or watermarked.

We reserve the right to revoke trial access in cases of misuse or suspected abuse.

6.4 Purchasing Credits & Subscriptions
Purchases may be made through Stripe or other supported payment processors. By submitting payment information, you authorize us to:

  • charge the applicable fees to your selected payment method

  • store your payment details securely with our payment processor

  • charge recurring subscription fees (if applicable)

Multi-currency support may be available depending on your region.

6.5 Billing, Invoicing & Tax
Invoices and receipts will be available via your dashboard or emailed to your billing contact.

Fees:

  • may be listed excluding or including taxes depending on your region

  • may be subject to VAT/GST, sales tax, or other applicable taxes

  • may include additional charges for add-ons or overage usage

You are responsible for providing accurate billing information and maintaining valid payment details.

6.6 No Refunds
Except where required by law:

  • all purchases are final

  • credits are non-refundable

  • unused credits or subscription benefits are not transferable

  • downgrades do not entitle you to prorated refunds

6.7 Failed Payments & Suspension
If a payment fails or your credit balance reaches zero:

  • access to certain features may be limited

  • interview invites may be paused

  • we may suspend your account until payment is resolved

We may attempt to re-process failed payments using the stored payment method.

6.8 Changes to Pricing
We may update pricing, plan structures, or credit consumption rates from time to time. Material changes will be communicated in advance via email, dashboard notifications, or website updates.

Your continued use of the Service after pricing updates constitutes acceptance of the new rates.

6.9 Enterprise & Custom Agreements
If you have a separate written agreement with us (e.g., Enterprise MSA, volume licensing, custom pricing):

  • that agreement governs where it conflicts with this section

  • custom SLAs, billing schedules, and credit models may apply

7. Usage Restrictions

You agree to use the Service only for lawful, authorized, and ethical purposes. You must not, and must not permit any user or third party to:

7.1 Prohibited Technical Conduct

  • access, probe, scan, or test the Service using automated tools (including bots, scrapers, crawlers, scripts, or unauthorized API clients)

  • bypass, disable, or interfere with authentication, rate limits, credit consumption controls, or any security feature

  • attempt to copy, modify, reverse engineer, decompile, disassemble, or derive source code, models, or underlying algorithms of the Service

  • interfere with or disrupt servers, networks, or the operational integrity of the platform

  • upload or transmit viruses, malware, trojans, corrupted files, or harmful code

  • impersonate any person, organization, or representative without proper authority

7.2 Prohibited Behavioral Conduct
(Integrating the website’s user-behaviour restrictions)

You must not:

  • engage in harassment, abuse, intimidation, or behaviour intended to cause distress to any user or candidate

  • transmit obscene, offensive, threatening, or unlawful content

  • engage in behaviour that disrupts the normal use or flow of the Service

  • attempt to manipulate or interfere with candidate experiences or interview processes in harmful or deceptive ways

7.3 Prohibited Use of Data and Outputs
You must not:

  • use the Service to engage in discriminatory or unlawful hiring practices

  • process candidate data without a lawful basis, required notices, or required consents

  • use AI-generated insights or scoring as the sole basis for any hiring decision

  • repurpose candidate data for unrelated marketing, profiling, or resale

  • store, export, or otherwise handle data in violation of applicable privacy or employment laws

7.4 Prohibited Commercial Conduct
You must not:

  • resell, lease, sublicense, white-label, or otherwise commercialize the Service without written permission

  • use the Service to build, train, or improve competing products or datasets

  • misrepresent your relationship with Hyaa AI when interacting with candidates or third parties

7.5 Protection of Platform Integrity
You must not:

  • perform load testing, penetration testing, or security audits without written authorization

  • use the platform in a way that imposes unreasonable demand, strain, or harm on infrastructure

  • circumvent feature limits, seats, credit requirements, or usage caps

7.6 Enforcement

We may investigate violations and take appropriate action, including:

  • rate limiting or throttling

  • temporary or permanent suspension

  • account termination

  • legal action where required

Your failure to comply with this section may result in immediate suspension or termination without refund.

8. Candidate Data & Consent

Use of the Service may involve the collection and processing of personal information relating to job candidates (“Candidate Data”). Candidate Data may include names, contact details, resumes, voice recordings, interview responses, transcripts, scores, analytics, metadata, and other information provided or generated during the recruitment process.

8.1 Employer as Data Controller
You acknowledge and agree that:

  • you are the data controller of all Candidate Data you collect, upload, or process through the Service

  • you determine the purpose and means of processing Candidate Data

  • you are solely responsible for complying with all applicable employment, privacy, and discrimination laws

  • you must ensure you have a lawful basis (e.g., consent or legitimate interest) to collect and process Candidate Data

  • you must provide candidates with accurate and sufficient notices regarding how their data will be used

Where required by law (e.g., for EU/UK, certain US states), you must also ensure you have implemented appropriate privacy notices and consent mechanisms.

8.2 Hyaa AI as Service Provider / Processor
To the extent that we process Candidate Data on your behalf, we act as:

  • a data processor or service provider under relevant privacy legislation

  • limited strictly to processing Candidate Data according to your instructions

  • not a controller of Candidate Data, and not responsible for your hiring practices

Additional obligations, including security measures, international transfers, and data rights, are described in the Product Privacy Notice / Data Processing Addendum (DPA) applicable to your plan.

8.3 Candidate Notices & Pre-Interview Consent
Candidates interacting with the Service (via SMS, email link, QR code, or browser) will be shown a pre-interview notice explaining:

  • the nature and purpose of the interview

  • the categories of data collected (e.g., audio, transcripts, scoring)

  • how their responses will be processed by AI

  • how data may be used by the employer

  • any applicable retention periods

  • a clear consent mechanism, checkbox, or “continue” acknowledgement

By proceeding past the pre-interview screen, the candidate provides consent (or equivalent legally valid permission) for the processing of their data for recruitment-related purposes.

8.4 Employer Responsibilities Toward Candidates
You are responsible for ensuring that:

  • the information you present to candidates is accurate and not misleading

  • candidate-facing messages, job advertisements, interview instructions, and notices comply with applicable law

  • Candidate Data is not used in ways that may be discriminatory, unlawful, or unethical

  • candidates have a way to exercise any legally applicable privacy rights (e.g., access, correction, deletion)

If candidates submit privacy requests directly to us, we may notify you or instruct them to contact you as the data controller.

8.5 Minors & Age-Specific Requirements
Some candidates may be under 18. By using the Service, you agree that:

  • you will not intentionally target or recruit minors in violation of hiring laws

  • you will verify candidate eligibility where legally required

  • you will obtain any required additional consents (e.g., guardian consent for minors under certain age thresholds such as under 15 in Australia)

  • you understand that AI analysis of minors may be subject to additional restrictions in some jurisdictions

We do not knowingly process children’s data without appropriate lawful basis and notice.

8.6 Data Retention
Candidate Data may be retained by Hyaa AI for a limited period to support:

  • technical processing

  • quality assurance

  • audit, compliance, or troubleshooting

  • legal obligations

Employers may request deletion of Candidate Data through their dashboard or by contacting support, subject to applicable legal retention requirements.

We do not retain Candidate Data longer than necessary for operational purposes unless required by law.

8.7 No Sale of Candidate Data
We do not sell, trade, or monetize Candidate Data.
We do not share Candidate Data with third parties except:

  • as required by law or lawful request

  • with subprocessors disclosed in our DPA

  • at your explicit instruction

8.8 Responsibility for Hiring Decisions
Candidate Data and AI-generated insights are provided to support your recruitment process. You acknowledge that:

  • you are solely responsible for all hiring decisions

  • AI-generated scores or insights must not be used as the sole basis for adverse decisions

  • you must implement human review and comply with all fairness and anti-discrimination laws

9. Intellectual Property

9.1 Ownership of the Service
All rights, title, and interest in and to the Service including all software, code, models, algorithms, user interfaces, visual design, documentation, architecture, databases, analytics, operational processes, and all related intellectual property are and will remain the exclusive property of Hyaa AI Pty Ltd and its licensors.

No rights are granted to you other than the limited, revocable right to access and use the Service in accordance with these Terms.

9.2 Restrictions
You must not, and must not permit any third party to:

  • copy, reproduce, republish, mirror, or modify any part of the Service

  • attempt to discover or extract source code, underlying models, structures, or algorithms

  • create derivative works based on the Service

  • remove, obscure, or alter any copyright, trademark, or proprietary notice

  • use Hyaa AI’s name, logo, trademarks, or branding without written permission (unless permitted under the “Publicity & Logo Use” clause)

  • use any data, models, or features of the Service to build, train, or improve competing AI systems, recruitment tools, or datasets

9.3 Your Data
All data you upload into the Service including job information, employer settings, candidate lists, resumes, interview content, and related metadata (“Your Data”) remains your property.

You grant Hyaa AI a limited, worldwide, non-exclusive license to process, store, transmit, analyze, display, and use Your Data solely for:

  • providing and improving the Service

  • maintaining platform functionality and integrity

  • troubleshooting, support, and security

  • compliance with legal obligations

9.4 AI-Generated Outputs
AI outputs generated by the Service including transcripts, summaries, insights, and scoring are derived from Your Data. Subject to third-party rights and applicable law:

  • you may use AI outputs for your internal business and recruitment purposes

  • Hyaa AI retains all IP rights in the underlying models, methods, and systems that generate such outputs

You may not resell or redistribute AI outputs in a manner that competes with Hyaa AI or violates these Terms.

9.5 Aggregated and Anonymised Data
Hyaa AI may generate, use, or publish aggregated, anonymised, or de-identified data for:

  • product improvement

  • benchmarking

  • analytics

  • reporting

  • research and development

Such data will not identify you, your organization, or any candidate.

9.6 Feedback and Suggestions
If you provide feedback, ideas, feature suggestions, or improvement requests (“Feedback”), you agree that:

  • Hyaa AI may use such Feedback freely without obligation

  • ownership of the Service, including future enhancements, remains with Hyaa AI

  • you are not entitled to compensation or attribution for Feedback

Feedback is voluntary and does not create confidentiality obligations for Hyaa AI.

10. Publicity & Use of Logos

10.1 Limited Right to Identify You as a Customer
Unless you opt out, you grant Hyaa AI a non-exclusive, royalty-free, worldwide license to use your company name, logo, and publicly available brand assets solely for the purpose of identifying your organization as a customer of the Service.

This may include limited use in:

  • our website and landing pages

  • pitch decks and sales presentations

  • investor materials

  • customer lists and case studies

  • product onboarding screens showcasing live customers

We will not modify your logo or brand assets except for standard resizing or formatting requirements.

10.2 Optional Participation in Marketing Content
You may be invited, but are never obligated, to participate in:

  • case studies

  • interviews

  • testimonials

  • co-marketing campaigns

  • webinars or events

Such participation will always require your prior written approval.

10.3 Opt-Out
You may opt out of all logo and name usage at any time by emailing support@hyaa.ai or legal@hyaa.ai.

Upon receiving your opt-out request, we will:

  • remove your logo from active public materials within a reasonable timeframe; and

  • cease using your branding in future materials.

This does not require termination of your account.

10.4 No Rights Granted to You
Nothing in this section grants you any rights to Hyaa AI’s trademarks, service marks, or branding. All use of Hyaa AI’s brand requires express written permission, unless otherwise provided in these Terms.

11. Termination

11.1 Termination by You
You may terminate your account at any time by:

Termination will take effect at the end of your current billing period unless otherwise required by law or a separate written agreement.

Unused credits, prepaid fees, or remaining subscription time are not refundable, except where required by applicable law.

11.2 Termination or Suspension by Hyaa AI
We may suspend or terminate your access to the Service, with or without notice, if:

  • you violate these Terms

  • your payment fails or remains unpaid after reminders

  • we detect misuse, fraud, security risks, or unauthorized activity

  • your actions threaten the stability or integrity of the platform

  • we are required by law, court order, or government directive

  • you refuse to comply with necessary verification steps

  • your organization is engaged in unlawful hiring practices or discriminatory use of AI outputs

In severe or urgent cases (e.g., security threats, platform abuse), suspension may be immediate.

11.3 Effect of Termination
Upon termination:

  • your access to the Service is revoked

  • your seats, jobs, interview links, and API access will be disabled

  • all unused credits, subscriptions, or entitlements will be forfeited

  • we may close all associated sub-accounts and user seats

Termination does not affect your obligation to pay any outstanding fees or charges incurred before the termination date.

11.4 Treatment of Employer Data & Candidate Data
After termination:

  • employer-side data (e.g., jobs, settings, dashboards) may be retained or deleted according to our retention policies

  • candidate data (e.g., interviews, transcripts, scoring) may be deleted, anonymized, or retained as required for security, auditing, or legal compliance

  • you may request deletion of Candidate Data, subject to legal restrictions

  • we are not obligated to maintain or provide access to data after termination unless required by a written agreement or applicable law

If your plan includes a DPA, the data handling obligations in the DPA will govern.

11.5 Survival of Key Terms
The following sections survive termination:

  • Intellectual Property

  • Payment Obligations

  • Usage Restrictions

  • Indemnity

  • Disclaimers & Limitation of Liability

  • Governing Law

  • Data Processing obligations (as applicable through your DPA)

These survive to the extent necessary to enforce rights and obligations that arose prior to termination.

11.6 No Liability for Termination
To the maximum extent permitted by law, Hyaa AI is not liable for any loss, damage, or consequences arising from any suspension or termination carried out under this section.

12. Disclaimer & Limitation of Liability

12.1 Service Provided “As Is”
The Service is provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, Hyaa AI disclaims all warranties, express or implied, including:

  • fitness for a particular purpose

  • merchantability

  • accuracy, reliability, or completeness of AI-generated insights, transcripts, or scoring

  • availability, uptime guarantees, or error-free operation

  • compatibility with third-party services, systems, or integrations

We do not guarantee that the Service will meet your hiring or business outcomes.

12.2 No Warranties for AI Outputs
You acknowledge that:

  • AI-generated outputs may not always be correct, complete, unbiased, or fit for your specific use

  • automated scoring must not be used as the sole basis for any hiring or adverse action

  • AI behaviour may vary depending on inputs, environment, and model updates

You are solely responsible for verifying information and for ensuring lawful decision-making.

12.3 No Responsibility for Candidate Identity or Content
We do not:

  • verify candidate identities

  • validate resume content or claims

  • ensure the accuracy or suitability of candidate submissions

  • mediate disputes between candidates and employers

12.4 Security, Transmission & Technical Risks
We do not warrant that:

  • the Service will be uninterrupted or error-free

  • transmissions will be secure or free from delays

  • data will never be lost, corrupted, intercepted, or accessed unlawfully

To align with your website terms, the following examples are explicitly incorporated:

Hyaa AI is not liable for damages arising from:

  • unauthorized access to servers or stored information

  • viruses, malware, trojans, or harmful code transmitted by third parties

  • interruptions, outages, or failures in hosting, telecommunications, or networks

  • bugs, errors, or omissions in any content or functionality

  • service disruptions outside Hyaa AI’s reasonable control

12.5 Limitation of Liability
To the maximum extent permitted by applicable law, Hyaa AI Pty Ltd and its affiliates shall not be liable for:

  • loss of profits, revenue, business, customers, opportunities, or goodwill

  • loss of data, loss of use, or corruption of information

  • indirect, incidental, punitive, or consequential damages

  • reputational damage, employment claims, or discrimination claims arising from your use of AI outputs

In all cases, Hyaa AI’s total aggregate liability for all claims arising out of or related to these Terms or your use of the Service shall not exceed the total amount paid by you to Hyaa AI in the 3 months preceding the event giving rise to the claim.

If no fees were paid (e.g., during free trials), liability is limited to AUD $100.

12.6 Exceptions
Some jurisdictions do not permit the exclusion of certain warranties or the limitation of liability for certain types of damages. In those cases, the limitations in this section apply only to the extent permitted by law.

12.7 Third-Party Services
We are not responsible or liable for:

  • actions, failures, or obligations of third-party providers (SMS gateways, background checks, payment processors, AI vendors, telephony services, integrations)

  • data loss, outages, or costs generated by those providers

12.8 Employer Responsibility
You are solely responsible for:

  • all hiring decisions

  • the content you provide to candidates

  • compliance with employment, privacy, and discrimination laws

  • ensuring AI outputs are used responsibly and with human oversight

13. Indemnity

13.1 Your Indemnification Obligations

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Hyaa AI Pty Ltd, its directors, officers, employees, contractors, affiliates, and service providers (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, penalties, costs, and expenses (including reasonable legal fees) arising out of or relating to:

a) Your Use or Misuse of the Service

  • violations of these Terms

  • misuse, abuse, or unauthorized use of any part of the platform

  • sharing access with unauthorized persons

  • interference with platform functionality or security

b) Your Handling of Candidate Data
Including claims arising from:

  • failure to obtain valid consent from candidates

  • unlawful or non-compliant processing of Candidate Data

  • inaccuracies or misrepresentations in your candidate-facing notices

  • any breach of privacy, data protection, or employment laws by your organization

c) Your Hiring Practices
You indemnify Hyaa AI against claims related to:

  • discrimination allegations

  • unfair hiring or employment practices

  • reliance on AI outputs without adequate human evaluation

  • misuse of transcripts, summaries, scoring, or insights

d) Your Data, Content, or Materials
Claims alleging that Your Data:

  • infringes intellectual property or privacy rights

  • was collected, provided, or used unlawfully

  • was inaccurate, misleading, defamatory, or harmful

e) Third-Party or Government Actions
Any action, complaint, investigation, or penalty arising from your:

  • violation of applicable laws

  • failure to comply with industry or regulatory obligations

  • use of Hyaa AI to conduct prohibited, unethical, or unlawful activities

13.2 Hyaa AI’s Right to Assume Control
If a claim arises that is subject to indemnification:

  • Hyaa AI may elect to assume exclusive control of the defense

  • you must cooperate fully and promptly with our requests

  • you may not settle any claim without our prior written consent
    (especially if it imposes obligations on Hyaa AI or admits fault)

This ensures claims are handled consistently and professionally.

13.3 Indemnity Does Not Apply Where Hyaa AI Is at Fault
You are not responsible for indemnifying Hyaa AI for claims arising directly from:

  • Hyaa AI’s own willful misconduct

  • proven gross negligence

  • Hyaa AI’s separate obligations under an executed DPA or MSA (if applicable)

This keeps the clause fair and balanced.

14. Governing  Law

These Terms are governed by, and must be interpreted in accordance with, the laws of Queensland, Australia, without regard to conflict-of-law principles that might apply the laws of another jurisdiction.

You agree that any dispute, claim, or proceeding arising out of or relating to these Terms or your use of the Service will be subject to the exclusive jurisdiction of the courts of Queensland, Australia. You consent to the personal jurisdiction and venue of those courts.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. No failure or delay in exercising any right under these Terms constitutes a waiver of that right.

15. Contact Information

If you have questions, concerns, or requests relating to these Terms, the Service, or your account, you may contact us using the details below:

Hyaa AI Pty Ltd
65 Maroochy Boulevard
Maroochydore QLD 4558
Australia

Legal enquiries: legal@hyaa.ai
Support enquiries: support@hyaa.ai

We will make reasonable efforts to respond to all legitimate requests in a timely manner.

Updated 19/11/2025

1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the Hyaa AI platform, including all related websites, applications, dashboards, APIs, services, features, documentation, and content (collectively, the “Service”) provided by Hyaa AI Pty Ltd (ACN 688 712 807, ABN 77 688 712 807), with a registered office at 65 Maroochy Boulevard, Maroochydore QLD 4558, Australia (“Hyaa AI”, “we”, “our”, or “us”).

By accessing, browsing, or using any part of the Service including the hyaa.ai website, creating an account, or interacting with candidate-facing interview flows, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

These Terms apply to all business users of the Service, including employers, recruiters, staffing agencies, and authorized representatives (“you”, “your”). Use of the Service by individual job candidates is governed by separate candidate-specific terms and privacy notices presented at the time of interaction.

We may update or revise these Terms periodically. Changes take effect when posted on our website or communicated directly. Your continued use of the Service after any update constitutes acceptance of the revised Terms.

2. Acceptance of Terms

By accessing, registering for, or using any part of the Service, you acknowledge and agree that:

  1. You have read, understood, and agree to be legally bound by these Terms, together with any policies or documents expressly incorporated by reference (including our Privacy Policy, Product Privacy Notice, and Data Processing Addendum where applicable).

  2. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind that entity. If you do not have such authority, you must not use the Service.

  3. Your continued use of the Service constitutes acceptance of the most current version of these Terms. We may update or modify these Terms at our discretion. Updates will take effect when posted on our website or otherwise communicated to you.

  4. If you do not agree to the current Terms, you must immediately stop using the Service and close your account.

  5. Additional agreements may apply to specific features, integrations, or enterprise arrangements. Where conflicts arise, the order of precedence will be defined in the applicable commercial agreement or Data Processing Addendum.

3. Eligibility & User Types

Business Use Only
The Service is intended for use by legitimate business entities, employers, recruiters, staffing agencies, and their authorized representatives. By registering or using the Service, you confirm that you are accessing it in a professional capacity and not as a private consumer.

Authority to Bind an Entity
If you create or access an account on behalf of a company or organization, you represent and warrant that you are authorized to bind that entity to these Terms.

Minimum Age Requirement
You must be at least 18 years old and legally capable of entering into binding agreements under applicable law.

Employer-Side Users
Access to the full Service is currently limited to employer-side users. These include:

  • hiring managers

  • internal recruiters

  • HR teams

  • staffing agencies

  • third-party service providers acting on behalf of an employer

Such users may access dashboards, invite candidates, process interviews, and manage data within their organization’s account.

Candidate Users
Job candidates may interact with portions of the Service without registering an account (e.g., completing interviews, uploading resumes). Candidate interactions are governed by separate candidate-facing notices and consent flows.

Minors and Youth Candidates
Some candidates may be under 18.
By using the Service, you agree that:

  • you will not intentionally target or recruit minors in violation of local laws

  • you are solely responsible for verifying eligibility and obtaining any additional legally required consents (e.g., guardian consent for minors under applicable regional laws)

  • you will ensure candidates receive accurate information about how their data is used before they proceed

Right to Refuse Access
We reserve the right to deny or revoke access to any user or organization at our sole discretion, including where we suspect:

  • misuse of the Service

  • impersonation

  • fraudulent or unlawful activity

  • a breach of these Terms

4. Account Registration & Security

Account Creation
To access employer-facing features of the Service, you must create an account and provide accurate, current, and complete information. You agree to keep all account details up to date, including organizational, billing, and contact information.

Organizational Accounts & Authorized Users
Where your organization creates multiple seats or sub-accounts:

  • you are responsible for managing and authorizing your users

  • you must ensure each authorized user complies with these Terms

  • actions taken by any authorized user are deemed actions of your organization

We may request proof of authorization or identity where reasonably required.

Security of Credentials
You are responsible for safeguarding all login credentials including passwords, authentication tokens, and API keys associated with your account. You agree not to:

  • share credentials with unauthorized individuals

  • reuse weak or compromised passwords

  • store credentials insecurely

  • allow others to access the Service on your behalf without proper authorization

Account Activity Responsibility
You are liable for all activity that occurs under your account, whether or not you authorized the activity. We are not responsible for any loss or damage arising from your failure to secure your account or credentials.

Notification of Unauthorized Access
You must promptly notify us if you suspect:

  • unauthorized access to your account

  • lost or compromised credentials

  • suspicious activity or security concerns

  • misuse of any API keys or integrations

We may require you to reset passwords or take other actions to protect your account.

Suspension for Security or Compliance Reasons
We may suspend or restrict access if we reasonably suspect:

  • a security incident

  • unauthorized or fraudulent use

  • a breach of these Terms

  • harm to platform stability or integrity

Suspension does not relieve you of payment obligations.

Account Recovery & Access Control
In multi-user organizations, ownership of an account (including data access and administrative control) is attributed to the organization, not to an individual user. If there is a dispute:

  • we may rely on corporate records, email domain ownership, or other evidence

  • we may require identity verification before restoring access

API Access (if applicable)
If your account includes API access, you agree to:

  • use API keys securely
    implement reasonable rate limiting

  • avoid excessive or abusive requests

  • comply with any API documentation or technical restrictions

Abuse or misuse may result in throttling or suspension.

5. Description of Services

Hyaa AI is a cloud-based hiring automation platform that assists employers in managing and streamlining parts of the recruitment process using conversational AI, automated scoring, structured data extraction, and workflow tools (collectively, the “Service”).

5.1 Core Platform Capabilities
The Service may include, without limitation:

  • creating, publishing, and managing job postings

  • inviting candidates to complete asynchronous, voice-based interviews

  • collecting candidate responses via web, mobile, SMS, QR codes, or integrated channels

  • generating automated transcripts, summaries, insights, and AI-driven scoring

  • presenting structured shortlists and ranking candidates against employer criteria

  • managing candidate pipelines, notes, and hiring workflow actions

  • exporting or integrating interview results into third-party systems

  • dashboard analytics and reporting

  • managing organizational settings, users, roles, and permissions

5.2 Supplementary Features
Depending on your plan and enabled modules, the Service may also support:

  • automated reference checks

  • background check integrations (where available and legally permitted)

  • SMS and email communications

  • webhook and API integrations

  • team collaboration features

  • advanced analytics, audit logs, and compliance tools

  • enterprise security and SSO (if included in your plan)

5.3 AI-Generated Outputs
The Service uses automated and AI-assisted technologies to generate transcripts, insights, and scoring. You acknowledge that:

  • AI outputs may not always be fully accurate

  • automated scoring should not be used as the sole basis for any hiring decision

  • you remain solely responsible for verifying candidate information and ensuring lawful hiring practices

5.4 Evolving Nature of the Service
We may introduce new features, update existing functionality, modify user interfaces, or remove components of the Service as part of ongoing improvements. These changes may occur with or without prior notice, provided they do not materially reduce the core functionality of your purchased plan.

Beta or experimental features may be provided on an “as available” basis and may be modified or discontinued at any time.

5.5 Third-Party Services & Integrations
Some features may depend on third-party services, such as:

  • SMS or telephony providers

  • background screening vendors

  • HRIS/ATS integrations

  • payment processors

  • identity or SSO providers

Use of third-party services may be subject to additional terms and fees imposed by those providers. We are not responsible for the performance, security, or availability of third-party systems.

5.6 No Hiring or Employment Guarantees
While the Service is designed to support recruitment workflows, Hyaa AI does not:

  • verify candidate identity

  • validate credentials, experience, or suitability

  • make hiring decisions on your behalf

  • guarantee hiring outcomes or candidate quality

All hiring decisions remain solely your responsibility.

6. Plans,  Payments & Credits

Hyaa AI operates on subscription-based plans and usage-based credits. Your access to specific features, limits, and entitlements depends on the plan you select and the credits you purchase.

6.1 Plan Types
We may offer various plan tiers (e.g., Free, Starter, Growth, Pro/Agency, Enterprise), each with defined limits on:

  • active jobs

  • included interview minutes or credits

  • seats and permissions

  • integrations

  • analytics and reporting capabilities

  • support levels and SLAs

  • branding and white-label options

Plan entitlements are described on our website or in your commercial agreement.

6.2 Credit-Based Usage
Certain features including interviews, voice processing, transcripts, automation tasks, and other consumable services require credits. Credits:

  • are purchased in advance

  • are consumed when you perform actions defined in your plan

  • may differ in value between plan tiers

  • may expire after a disclosed period

  • are non-refundable except as required by law

Your dashboard displays your real-time credit balance and usage.

6.3 Free Trials
We may offer free trials or promotional usage. Trial features and limits are subject to change or termination at our discretion. Trial outputs may be restricted or watermarked.

We reserve the right to revoke trial access in cases of misuse or suspected abuse.

6.4 Purchasing Credits & Subscriptions
Purchases may be made through Stripe or other supported payment processors. By submitting payment information, you authorize us to:

  • charge the applicable fees to your selected payment method

  • store your payment details securely with our payment processor

  • charge recurring subscription fees (if applicable)

Multi-currency support may be available depending on your region.

6.5 Billing, Invoicing & Tax
Invoices and receipts will be available via your dashboard or emailed to your billing contact.

Fees:

  • may be listed excluding or including taxes depending on your region

  • may be subject to VAT/GST, sales tax, or other applicable taxes

  • may include additional charges for add-ons or overage usage

You are responsible for providing accurate billing information and maintaining valid payment details.

6.6 No Refunds
Except where required by law:

  • all purchases are final

  • credits are non-refundable

  • unused credits or subscription benefits are not transferable

  • downgrades do not entitle you to prorated refunds

6.7 Failed Payments & Suspension
If a payment fails or your credit balance reaches zero:

  • access to certain features may be limited

  • interview invites may be paused

  • we may suspend your account until payment is resolved

We may attempt to re-process failed payments using the stored payment method.

6.8 Changes to Pricing
We may update pricing, plan structures, or credit consumption rates from time to time. Material changes will be communicated in advance via email, dashboard notifications, or website updates.

Your continued use of the Service after pricing updates constitutes acceptance of the new rates.

6.9 Enterprise & Custom Agreements
If you have a separate written agreement with us (e.g., Enterprise MSA, volume licensing, custom pricing):

  • that agreement governs where it conflicts with this section

  • custom SLAs, billing schedules, and credit models may apply

7. Usage Restrictions

You agree to use the Service only for lawful, authorized, and ethical purposes. You must not, and must not permit any user or third party to:

7.1 Prohibited Technical Conduct

  • access, probe, scan, or test the Service using automated tools (including bots, scrapers, crawlers, scripts, or unauthorized API clients)

  • bypass, disable, or interfere with authentication, rate limits, credit consumption controls, or any security feature

  • attempt to copy, modify, reverse engineer, decompile, disassemble, or derive source code, models, or underlying algorithms of the Service

  • interfere with or disrupt servers, networks, or the operational integrity of the platform

  • upload or transmit viruses, malware, trojans, corrupted files, or harmful code

  • impersonate any person, organization, or representative without proper authority

7.2 Prohibited Behavioral Conduct
(Integrating the website’s user-behaviour restrictions)

You must not:

  • engage in harassment, abuse, intimidation, or behaviour intended to cause distress to any user or candidate

  • transmit obscene, offensive, threatening, or unlawful content

  • engage in behaviour that disrupts the normal use or flow of the Service

  • attempt to manipulate or interfere with candidate experiences or interview processes in harmful or deceptive ways

7.3 Prohibited Use of Data and Outputs
You must not:

  • use the Service to engage in discriminatory or unlawful hiring practices

  • process candidate data without a lawful basis, required notices, or required consents

  • use AI-generated insights or scoring as the sole basis for any hiring decision

  • repurpose candidate data for unrelated marketing, profiling, or resale

  • store, export, or otherwise handle data in violation of applicable privacy or employment laws

7.4 Prohibited Commercial Conduct
You must not:

  • resell, lease, sublicense, white-label, or otherwise commercialize the Service without written permission

  • use the Service to build, train, or improve competing products or datasets

  • misrepresent your relationship with Hyaa AI when interacting with candidates or third parties

7.5 Protection of Platform Integrity
You must not:

  • perform load testing, penetration testing, or security audits without written authorization

  • use the platform in a way that imposes unreasonable demand, strain, or harm on infrastructure

  • circumvent feature limits, seats, credit requirements, or usage caps

7.6 Enforcement

We may investigate violations and take appropriate action, including:

  • rate limiting or throttling

  • temporary or permanent suspension

  • account termination

  • legal action where required

Your failure to comply with this section may result in immediate suspension or termination without refund.

8. Candidate Data & Consent

Use of the Service may involve the collection and processing of personal information relating to job candidates (“Candidate Data”). Candidate Data may include names, contact details, resumes, voice recordings, interview responses, transcripts, scores, analytics, metadata, and other information provided or generated during the recruitment process.

8.1 Employer as Data Controller
You acknowledge and agree that:

  • you are the data controller of all Candidate Data you collect, upload, or process through the Service

  • you determine the purpose and means of processing Candidate Data

  • you are solely responsible for complying with all applicable employment, privacy, and discrimination laws

  • you must ensure you have a lawful basis (e.g., consent or legitimate interest) to collect and process Candidate Data

  • you must provide candidates with accurate and sufficient notices regarding how their data will be used

Where required by law (e.g., for EU/UK, certain US states), you must also ensure you have implemented appropriate privacy notices and consent mechanisms.

8.2 Hyaa AI as Service Provider / Processor
To the extent that we process Candidate Data on your behalf, we act as:

  • a data processor or service provider under relevant privacy legislation

  • limited strictly to processing Candidate Data according to your instructions

  • not a controller of Candidate Data, and not responsible for your hiring practices

Additional obligations, including security measures, international transfers, and data rights, are described in the Product Privacy Notice / Data Processing Addendum (DPA) applicable to your plan.

8.3 Candidate Notices & Pre-Interview Consent
Candidates interacting with the Service (via SMS, email link, QR code, or browser) will be shown a pre-interview notice explaining:

  • the nature and purpose of the interview

  • the categories of data collected (e.g., audio, transcripts, scoring)

  • how their responses will be processed by AI

  • how data may be used by the employer

  • any applicable retention periods

  • a clear consent mechanism, checkbox, or “continue” acknowledgement

By proceeding past the pre-interview screen, the candidate provides consent (or equivalent legally valid permission) for the processing of their data for recruitment-related purposes.

8.4 Employer Responsibilities Toward Candidates
You are responsible for ensuring that:

  • the information you present to candidates is accurate and not misleading

  • candidate-facing messages, job advertisements, interview instructions, and notices comply with applicable law

  • Candidate Data is not used in ways that may be discriminatory, unlawful, or unethical

  • candidates have a way to exercise any legally applicable privacy rights (e.g., access, correction, deletion)

If candidates submit privacy requests directly to us, we may notify you or instruct them to contact you as the data controller.

8.5 Minors & Age-Specific Requirements
Some candidates may be under 18. By using the Service, you agree that:

  • you will not intentionally target or recruit minors in violation of hiring laws

  • you will verify candidate eligibility where legally required

  • you will obtain any required additional consents (e.g., guardian consent for minors under certain age thresholds such as under 15 in Australia)

  • you understand that AI analysis of minors may be subject to additional restrictions in some jurisdictions

We do not knowingly process children’s data without appropriate lawful basis and notice.

8.6 Data Retention
Candidate Data may be retained by Hyaa AI for a limited period to support:

  • technical processing

  • quality assurance

  • audit, compliance, or troubleshooting

  • legal obligations

Employers may request deletion of Candidate Data through their dashboard or by contacting support, subject to applicable legal retention requirements.

We do not retain Candidate Data longer than necessary for operational purposes unless required by law.

8.7 No Sale of Candidate Data
We do not sell, trade, or monetize Candidate Data.
We do not share Candidate Data with third parties except:

  • as required by law or lawful request

  • with subprocessors disclosed in our DPA

  • at your explicit instruction

8.8 Responsibility for Hiring Decisions
Candidate Data and AI-generated insights are provided to support your recruitment process. You acknowledge that:

  • you are solely responsible for all hiring decisions

  • AI-generated scores or insights must not be used as the sole basis for adverse decisions

  • you must implement human review and comply with all fairness and anti-discrimination laws

9. Intellectual Property

9.1 Ownership of the Service
All rights, title, and interest in and to the Service including all software, code, models, algorithms, user interfaces, visual design, documentation, architecture, databases, analytics, operational processes, and all related intellectual property are and will remain the exclusive property of Hyaa AI Pty Ltd and its licensors.

No rights are granted to you other than the limited, revocable right to access and use the Service in accordance with these Terms.

9.2 Restrictions
You must not, and must not permit any third party to:

  • copy, reproduce, republish, mirror, or modify any part of the Service

  • attempt to discover or extract source code, underlying models, structures, or algorithms

  • create derivative works based on the Service

  • remove, obscure, or alter any copyright, trademark, or proprietary notice

  • use Hyaa AI’s name, logo, trademarks, or branding without written permission (unless permitted under the “Publicity & Logo Use” clause)

  • use any data, models, or features of the Service to build, train, or improve competing AI systems, recruitment tools, or datasets

9.3 Your Data
All data you upload into the Service including job information, employer settings, candidate lists, resumes, interview content, and related metadata (“Your Data”) remains your property.

You grant Hyaa AI a limited, worldwide, non-exclusive license to process, store, transmit, analyze, display, and use Your Data solely for:

  • providing and improving the Service

  • maintaining platform functionality and integrity

  • troubleshooting, support, and security

  • compliance with legal obligations

9.4 AI-Generated Outputs
AI outputs generated by the Service including transcripts, summaries, insights, and scoring are derived from Your Data. Subject to third-party rights and applicable law:

  • you may use AI outputs for your internal business and recruitment purposes

  • Hyaa AI retains all IP rights in the underlying models, methods, and systems that generate such outputs

You may not resell or redistribute AI outputs in a manner that competes with Hyaa AI or violates these Terms.

9.5 Aggregated and Anonymised Data
Hyaa AI may generate, use, or publish aggregated, anonymised, or de-identified data for:

  • product improvement

  • benchmarking

  • analytics

  • reporting

  • research and development

Such data will not identify you, your organization, or any candidate.

9.6 Feedback and Suggestions
If you provide feedback, ideas, feature suggestions, or improvement requests (“Feedback”), you agree that:

  • Hyaa AI may use such Feedback freely without obligation

  • ownership of the Service, including future enhancements, remains with Hyaa AI

  • you are not entitled to compensation or attribution for Feedback

Feedback is voluntary and does not create confidentiality obligations for Hyaa AI.

10. Publicity & Use of Logos

10.1 Limited Right to Identify You as a Customer
Unless you opt out, you grant Hyaa AI a non-exclusive, royalty-free, worldwide license to use your company name, logo, and publicly available brand assets solely for the purpose of identifying your organization as a customer of the Service.

This may include limited use in:

  • our website and landing pages

  • pitch decks and sales presentations

  • investor materials

  • customer lists and case studies

  • product onboarding screens showcasing live customers

We will not modify your logo or brand assets except for standard resizing or formatting requirements.

10.2 Optional Participation in Marketing Content
You may be invited, but are never obligated, to participate in:

  • case studies

  • interviews

  • testimonials

  • co-marketing campaigns

  • webinars or events

Such participation will always require your prior written approval.

10.3 Opt-Out
You may opt out of all logo and name usage at any time by emailing support@hyaa.ai or legal@hyaa.ai.

Upon receiving your opt-out request, we will:

  • remove your logo from active public materials within a reasonable timeframe; and

  • cease using your branding in future materials.

This does not require termination of your account.

10.4 No Rights Granted to You
Nothing in this section grants you any rights to Hyaa AI’s trademarks, service marks, or branding. All use of Hyaa AI’s brand requires express written permission, unless otherwise provided in these Terms.

11. Termination

11.1 Termination by You
You may terminate your account at any time by:

Termination will take effect at the end of your current billing period unless otherwise required by law or a separate written agreement.

Unused credits, prepaid fees, or remaining subscription time are not refundable, except where required by applicable law.

11.2 Termination or Suspension by Hyaa AI
We may suspend or terminate your access to the Service, with or without notice, if:

  • you violate these Terms

  • your payment fails or remains unpaid after reminders

  • we detect misuse, fraud, security risks, or unauthorized activity

  • your actions threaten the stability or integrity of the platform

  • we are required by law, court order, or government directive

  • you refuse to comply with necessary verification steps

  • your organization is engaged in unlawful hiring practices or discriminatory use of AI outputs

In severe or urgent cases (e.g., security threats, platform abuse), suspension may be immediate.

11.3 Effect of Termination
Upon termination:

  • your access to the Service is revoked

  • your seats, jobs, interview links, and API access will be disabled

  • all unused credits, subscriptions, or entitlements will be forfeited

  • we may close all associated sub-accounts and user seats

Termination does not affect your obligation to pay any outstanding fees or charges incurred before the termination date.

11.4 Treatment of Employer Data & Candidate Data
After termination:

  • employer-side data (e.g., jobs, settings, dashboards) may be retained or deleted according to our retention policies

  • candidate data (e.g., interviews, transcripts, scoring) may be deleted, anonymized, or retained as required for security, auditing, or legal compliance

  • you may request deletion of Candidate Data, subject to legal restrictions

  • we are not obligated to maintain or provide access to data after termination unless required by a written agreement or applicable law

If your plan includes a DPA, the data handling obligations in the DPA will govern.

11.5 Survival of Key Terms
The following sections survive termination:

  • Intellectual Property

  • Payment Obligations

  • Usage Restrictions

  • Indemnity

  • Disclaimers & Limitation of Liability

  • Governing Law

  • Data Processing obligations (as applicable through your DPA)

These survive to the extent necessary to enforce rights and obligations that arose prior to termination.

11.6 No Liability for Termination
To the maximum extent permitted by law, Hyaa AI is not liable for any loss, damage, or consequences arising from any suspension or termination carried out under this section.

12. Disclaimer & Limitation of Liability

12.1 Service Provided “As Is”
The Service is provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, Hyaa AI disclaims all warranties, express or implied, including:

  • fitness for a particular purpose

  • merchantability

  • accuracy, reliability, or completeness of AI-generated insights, transcripts, or scoring

  • availability, uptime guarantees, or error-free operation

  • compatibility with third-party services, systems, or integrations

We do not guarantee that the Service will meet your hiring or business outcomes.

12.2 No Warranties for AI Outputs
You acknowledge that:

  • AI-generated outputs may not always be correct, complete, unbiased, or fit for your specific use

  • automated scoring must not be used as the sole basis for any hiring or adverse action

  • AI behaviour may vary depending on inputs, environment, and model updates

You are solely responsible for verifying information and for ensuring lawful decision-making.

12.3 No Responsibility for Candidate Identity or Content
We do not:

  • verify candidate identities

  • validate resume content or claims

  • ensure the accuracy or suitability of candidate submissions

  • mediate disputes between candidates and employers

12.4 Security, Transmission & Technical Risks
We do not warrant that:

  • the Service will be uninterrupted or error-free

  • transmissions will be secure or free from delays

  • data will never be lost, corrupted, intercepted, or accessed unlawfully

To align with your website terms, the following examples are explicitly incorporated:

Hyaa AI is not liable for damages arising from:

  • unauthorized access to servers or stored information

  • viruses, malware, trojans, or harmful code transmitted by third parties

  • interruptions, outages, or failures in hosting, telecommunications, or networks

  • bugs, errors, or omissions in any content or functionality

  • service disruptions outside Hyaa AI’s reasonable control

12.5 Limitation of Liability
To the maximum extent permitted by applicable law, Hyaa AI Pty Ltd and its affiliates shall not be liable for:

  • loss of profits, revenue, business, customers, opportunities, or goodwill

  • loss of data, loss of use, or corruption of information

  • indirect, incidental, punitive, or consequential damages

  • reputational damage, employment claims, or discrimination claims arising from your use of AI outputs

In all cases, Hyaa AI’s total aggregate liability for all claims arising out of or related to these Terms or your use of the Service shall not exceed the total amount paid by you to Hyaa AI in the 3 months preceding the event giving rise to the claim.

If no fees were paid (e.g., during free trials), liability is limited to AUD $100.

12.6 Exceptions
Some jurisdictions do not permit the exclusion of certain warranties or the limitation of liability for certain types of damages. In those cases, the limitations in this section apply only to the extent permitted by law.

12.7 Third-Party Services
We are not responsible or liable for:

  • actions, failures, or obligations of third-party providers (SMS gateways, background checks, payment processors, AI vendors, telephony services, integrations)

  • data loss, outages, or costs generated by those providers

12.8 Employer Responsibility
You are solely responsible for:

  • all hiring decisions

  • the content you provide to candidates

  • compliance with employment, privacy, and discrimination laws

  • ensuring AI outputs are used responsibly and with human oversight

13. Indemnity

13.1 Your Indemnification Obligations

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Hyaa AI Pty Ltd, its directors, officers, employees, contractors, affiliates, and service providers (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, penalties, costs, and expenses (including reasonable legal fees) arising out of or relating to:

a) Your Use or Misuse of the Service

  • violations of these Terms

  • misuse, abuse, or unauthorized use of any part of the platform

  • sharing access with unauthorized persons

  • interference with platform functionality or security

b) Your Handling of Candidate Data
Including claims arising from:

  • failure to obtain valid consent from candidates

  • unlawful or non-compliant processing of Candidate Data

  • inaccuracies or misrepresentations in your candidate-facing notices

  • any breach of privacy, data protection, or employment laws by your organization

c) Your Hiring Practices
You indemnify Hyaa AI against claims related to:

  • discrimination allegations

  • unfair hiring or employment practices

  • reliance on AI outputs without adequate human evaluation

  • misuse of transcripts, summaries, scoring, or insights

d) Your Data, Content, or Materials
Claims alleging that Your Data:

  • infringes intellectual property or privacy rights

  • was collected, provided, or used unlawfully

  • was inaccurate, misleading, defamatory, or harmful

e) Third-Party or Government Actions
Any action, complaint, investigation, or penalty arising from your:

  • violation of applicable laws

  • failure to comply with industry or regulatory obligations

  • use of Hyaa AI to conduct prohibited, unethical, or unlawful activities

13.2 Hyaa AI’s Right to Assume Control
If a claim arises that is subject to indemnification:

  • Hyaa AI may elect to assume exclusive control of the defense

  • you must cooperate fully and promptly with our requests

  • you may not settle any claim without our prior written consent
    (especially if it imposes obligations on Hyaa AI or admits fault)

This ensures claims are handled consistently and professionally.

13.3 Indemnity Does Not Apply Where Hyaa AI Is at Fault
You are not responsible for indemnifying Hyaa AI for claims arising directly from:

  • Hyaa AI’s own willful misconduct

  • proven gross negligence

  • Hyaa AI’s separate obligations under an executed DPA or MSA (if applicable)

This keeps the clause fair and balanced.

14. Governing  Law

These Terms are governed by, and must be interpreted in accordance with, the laws of Queensland, Australia, without regard to conflict-of-law principles that might apply the laws of another jurisdiction.

You agree that any dispute, claim, or proceeding arising out of or relating to these Terms or your use of the Service will be subject to the exclusive jurisdiction of the courts of Queensland, Australia. You consent to the personal jurisdiction and venue of those courts.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. No failure or delay in exercising any right under these Terms constitutes a waiver of that right.

15. Contact Information

If you have questions, concerns, or requests relating to these Terms, the Service, or your account, you may contact us using the details below:

Hyaa AI Pty Ltd
65 Maroochy Boulevard
Maroochydore QLD 4558
Australia

Legal enquiries: legal@hyaa.ai
Support enquiries: support@hyaa.ai

We will make reasonable efforts to respond to all legitimate requests in a timely manner.

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Switch to faster hiring.

Get started today with our generous free trial.

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Book a Demo