These Terms and Conditions of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Interview Cracker Inc., a Delaware corporation ("Company," "we," "us," or "our"), governing your access to and use of our desktop application, website, and related products and services (collectively, the "Services").
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST IMMEDIATELY DISCONTINUE USE.
The Services provide an AI-powered application that processes visual and audio inputs to deliver contextual assistance during interviews, meetings, and other professional situations. The Services include both free and premium subscription offerings, with the free version providing limited functionality. The Services observe your screen and process audio to generate relevant assistance but do not control your computer or make decisions on your behalf.
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Services solely for your personal or internal business purposes. This license is conditional upon your continued compliance with these Terms and does not permit you to modify, distribute, sell, lease, loan, or create derivative works based on the Services or any part thereof. The Services are licensed, not sold, to you.
Company reserves the right to modify, suspend, or discontinue any aspect of the Services at any time at its sole discretion without prior notice. Company does not guarantee uninterrupted access to the Services and shall not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms obligates Company to maintain or support the Services or to provide any corrections, updates, or releases in connection therewith.
To access certain features of the Services, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to maintain and promptly update such information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify Company of any unauthorized use of your account or any other breach of security.
By creating an account and using the Services, you represent and warrant that: a) All registration information you submit is truthful, accurate, current, and complete; b) You possess the legal capacity to enter into these Terms and to comply with them; c) You are not using the Services on behalf of another individual without their knowledge and consent; d) If you are under the age of 18, you have obtained parental or legal guardian consent; e) You will not access the Services through automated means unless specifically authorized by Company; f) You will not use the Services for any illegal or unauthorized purpose; and g) Your use of the Services will not violate any applicable law, regulation, or third-party right.
Your account is for your personal use only. Account sharing, including allowing multiple individuals to access the Services using a single account, is strictly prohibited. Company reserves the right to monitor usage patterns to identify violations of this policy. If Company detects account sharing or unauthorized usage, it may suspend or terminate your access without notice. For multiple users, please upgrade to a Team Plan or contact support for enterprise options.
Company offers both free and paid subscription plans. The free version provides limited functionality, while paid subscriptions provide full access to all features.
For paid subscriptions, you authorize Company to charge your designated payment method for all fees incurred under your account. You agree to provide current, complete, and accurate purchase and account information. If your subscription involves recurring charges, you consent to Company charging your payment method on a recurring basis without requiring your prior approval until you cancel your subscription. Company reserves the right to correct any errors in pricing, even if payment has already been requested or received.
Unless you opt out of auto-renewal through your account settings, any paid subscription will automatically renew for successive periods of the same duration as the initial subscription term, at the then-current non-promotional rate. To modify or cancel a paid service, you must access your account settings. Upon cancellation, you may continue to use your subscription until the end of your current term, after which your subscription will not be renewed. No prorated refunds will be provided for any portion of the subscription fee paid for the current subscription period.
TO AVOID CONTINUED CHARGES, YOU MUST CANCEL THE APPLICABLE PAID SERVICE THROUGH YOUR ACCOUNT SETTINGS OR TERMINATE YOUR ACCOUNT BEFORE THE END OF THE CURRENT SUBSCRIPTION PERIOD. PAID SERVICES CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND COMPANY WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS.
All subscription fees paid to Company, including initial payments and renewals, are non-refundable. Once a subscription fee has been paid, no refunds will be provided regardless of the reason for cancellation or termination. By purchasing a subscription, you acknowledge and agree to this non-refundability policy.
You agree not to use the Services for any purpose other than as expressly permitted by these Terms. Prohibited activities include, but are not limited to: a) Using the Services in violation of any applicable law, regulation, or legal right; b) Using the Services to cheat on examinations, tests, or assignments that explicitly prohibit external assistance; c) Engaging in academic dishonesty, including plagiarism or violations of educational institutions' integrity policies; d) Impersonating another person during interviews, meetings, examinations, or in any context where such impersonation would constitute fraud or misrepresentation; e) Using the Services for deceptive practices, misleading others, or conducting fraudulent activities; f) Harassing, abusing, or harming another person, or threatening to do so; g) Violating the privacy, publicity, or other rights of any third party; h) Using the Services' audio capture features without obtaining proper consent from all participants in jurisdictions requiring such consent; i) Systematically retrieving data from the Services to create or compile collections, databases, or directories; j) Attempting to circumvent, disable, or interfere with security features of the Services; k) Engaging in unauthorized framing of or linking to the Services; l) Uploading or transmitting malicious code; m) Probing, scanning, or testing the vulnerability of the Services or attempting to breach security measures; n) Using automated means to access the Services without authorization; o) Placing excessive load on our infrastructure; p) Distributing unauthorized advertising or promotional material; or q) Impersonating Company, its employees, or other users.
The Services are designed to assist and support users, not to replace individual effort or knowledge. You acknowledge that: a) Using the Services in educational contexts may be subject to specific rules established by educational institutions or testing bodies; b) You are solely responsible for understanding and complying with all applicable rules regarding technological assistance in your specific context; c) Company is not responsible for consequences resulting from your use of the Services in violation of any institutional policies, professional codes, or applicable rules; and d) You agree to use the Services ethically in a manner that respects the integrity of educational processes and professional interactions.
In managing the Services, Company reserves the right to: a) Monitor your use of the Services for violations of these Terms; b) Take appropriate legal action against anyone who violates the law or these Terms; c) Refuse, restrict, or limit access to any content you submit or any portion thereof; d) Remove from the Services any materials that are excessive in size or burdensome to our systems; and e) Otherwise manage the Services to protect Company's rights and property and facilitate proper functioning of the Services.
All content, features, and functionality of the Services, including but not limited to text, graphics, logos, design, layout, software, algorithms, databases, functionality, audio, and visual elements (collectively, the "Content"), as well as trademarks, service marks, and logos contained therein (the "Marks"), are the exclusive property of Company or its licensors. All rights not expressly granted to you are reserved by Company. The Content and Marks are protected by copyright, trademark, and other intellectual property laws in the United States and internationally. Except as expressly permitted by these Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without Company's prior written consent.
During your use of the Services, Company captures visual data from your screen and audio inputs to provide real-time assistance. You maintain ownership of your contributions, inputs, and any other information you provide through the Services (collectively, "User Contributions"). By submitting User Contributions, you grant Company a worldwide, non-exclusive, royalty-free license to use, process, store, and analyze your User Contributions for the purposes of providing the Services to you and improving Company's technology. Company may use aggregated and anonymized data derived from User Contributions to improve the Services, conduct research, and enhance its algorithms, provided such aggregated data does not personally identify you. You represent and warrant that you have all necessary rights to submit your User Contributions and that they do not violate any third-party intellectual property rights, privacy rights, or other rights.
Company respects the intellectual property rights of others and reserves the right to delete or disable access to materials alleged to be infringing and to terminate accounts of users who repeatedly infringe intellectual property rights. If you believe that content on the Services infringes your copyright, please contact us at the email address provided in Section 18.
The Services may integrate with, rely upon, or connect to third-party applications, websites, or services that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services.
Your interactions with any third-party services are governed by the terms and privacy policies of those third parties. You are encouraged to review the terms and privacy policies of any third-party service you interact with through the Services.
Company does not endorse or assume any responsibility for any third-party services or content. Your use of third-party services is at your own risk, and you acknowledge that these Terms may not apply to such interactions.
Your use of the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms. By using the Services, you acknowledge that you have read and understood our Privacy Policy, which explains how we collect, use, and disclose information about you.
By creating an account or using the Services, you consent to receiving electronic communications from Company related to your account or the Services. You agree that any notices, agreements, disclosures, or other communications that Company sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of receiving promotional communications by following the unsubscribe instructions provided in such communications.
These Terms shall remain in effect while you use the Services. Either party may terminate this agreement at any time, with or without cause, subject to the provisions of this section.
COMPANY MAY TERMINATE YOUR ACCESS TO THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN ITS SOLE DISCRETION, INCLUDING BUT NOT LIMITED TO: a) If required by a valid subpoena, court order, or government authority; b) If Company reasonably suspects you of using the Services in connection with prohibited activities; c) If your use of the Services is subject to pending litigation, investigation, or government proceeding; d) If Company perceives a heightened risk of legal or regulatory non-compliance associated with your activity; e) If any service partners are unable to support your use of the Services; f) If you circumvent Company's controls or safeguards; or g) If you breach these Terms. Unless prohibited by law or legal process, Company will provide notice of termination. You acknowledge that Company's decision to take certain actions may be based on confidential criteria essential to its risk management and security protocols, which Company is under no obligation to disclose.
You may terminate your license to use the Services at any time by canceling your subscription and uninstalling the application. For subscription licenses, your cancellation will take effect at the end of the current paid term. You will not receive any pro-rata refund for amounts paid under a subscription license.
Upon termination, your right to use the Services will cease immediately. If Company terminates or suspends your account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. Company reserves the right to take appropriate legal action for any violations of these Terms.
YOU ACKNOWLEDGE THAT THE SERVICES ARE IN AN EARLY DEVELOPMENT STAGE. AS SUCH, THEY MAY BE SUBJECT TO STABILITY ISSUES AND INTERMITTENT SERVICE INTERRUPTIONS. WHILE COMPANY IS DILIGENTLY WORKING TO ENHANCE THE RELIABILITY AND PERFORMANCE OF THE SERVICES, UNINTERRUPTED SERVICE CANNOT BE GUARANTEED AT THIS STAGE. BY USING THE SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT YOU ARE DOING SO AT YOUR OWN RISK.
THE SERVICES ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT THE SERVICES MAY NOT ALWAYS PROVIDE COMPLETE OR FULLY ACCURATE INFORMATION OR ASSISTANCE, AND YOU AGREE TO INDEPENDENTLY VERIFY ANY INFORMATION OR SUGGESTIONS PROVIDED THROUGH THE SERVICES BEFORE RELYING ON THEM. COMPANY SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ACTIONS TAKEN OR NOT TAKEN BASED ON INFORMATION OR SUGGESTIONS PROVIDED BY THE SERVICES.
IN NO EVENT SHALL COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless Company, its subsidiaries, affiliates, and all of their respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: a) Your use of the Services; b) Your breach of these Terms; c) Your violation of any third-party right, including but not limited to intellectual property rights; or d) Any harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with Company's defense of such claims. Company will use reasonable efforts to notify you of any such claim upon becoming aware of it.
If you participate in any beta testing programs offered by Company, you acknowledge that: a) Beta products are in a testing phase and may contain errors; b) Beta products are provided "AS IS" and "AS AVAILABLE" without any warranties; c) Company reserves the right to modify or terminate the beta products or your access to them at any time without notice; d) You agree to provide feedback on the beta products; and e) You assign all rights to such feedback to Company without compensation.
You agree to provide proper attribution to Company when using the Services, in accordance with any branding guidelines Company may provide.
Your use of the Services must comply with all applicable laws and regulations. You are solely responsible for ensuring that your use of the Services complies with all laws applicable to you, including but not limited to laws related to data privacy, intellectual property, education, employment, and professional conduct.
You acknowledge that the Services capture and process audio during meetings, which may constitute "recording" under applicable laws. Many jurisdictions, including several U.S. states, require all participants in a conversation to consent to being recorded. You are solely responsible for complying with these laws when using the Services and assume full liability for any legal consequences arising from failing to obtain necessary consent, including civil penalties, criminal charges, or civil lawsuits. Company disclaims all liability related to your failure to comply with applicable recording consent laws.
Company welcomes and encourages feedback, comments, and suggestions for improvements to the Services. By submitting feedback, you grant Company a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to use and incorporate your feedback into the Services without any obligation to compensate you.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
If you have a potential legal dispute with Company, you must first contact Company by email at the address provided in Section 18, describing the nature of the potential dispute and providing all relevant documentation. If Company elects to do so, you agree to use commercially reasonable efforts to negotiate a settlement within 60 days of delivery of such email. Any dispute not resolved within such 60-day period shall be resolved exclusively in accordance with the following provisions.
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. All claims and disputes arising out of or relating to these Terms or your use of the Services shall be settled by binding arbitration, except for disputes in which either party seeks equitable relief for alleged unlawful use of intellectual property rights. a) The arbitration will be conducted in the English language in accordance with the JAMS Streamlined Arbitration Rules and Procedures by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. b) The arbitration shall take place in Delaware or at another mutually agreed location. If the value of relief sought is $10,000 or less, either party may elect to conduct the arbitration by telephone or based solely on written submissions. c) Company will pay all arbitration fees for claims less than $75,000, unless the arbitrator finds your claim frivolous. For claims above $75,000, payment of fees will be governed by the JAMS Rules. d) The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction.
YOU AND COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.
ALL CLAIMS AND DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. IF THIS PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION SECTION SHALL BE NULL AND VOID.
You have the right to opt out of this arbitration agreement by sending written notice to the email address provided in Section 18 within 30 days of first accepting these Terms. You must include your name, address, email address, and an explicit statement that you want to opt out of the arbitration agreement.
Company will not be liable for any failure or delay in performing its obligations under these Terms resulting from any cause beyond its reasonable control, including acts of God, labor disputes, war, terrorism, fires, floods, epidemics, pandemics, internet outages, or changes in laws or regulations.
Nothing in these Terms shall be construed as creating an agency, partnership, joint venture, employment, or any other form of legal association between you and Company. You are not authorized to create any obligation or responsibility on behalf of Company.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provision shall be deleted without affecting the remaining provisions.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms shall operate as a waiver of that right or power, nor shall any single or partial exercise of any right or power preclude further exercise of that or any other right or power.
These Terms and our Privacy Policy constitute the entire agreement between you and Company concerning the Services and supersede all prior or contemporaneous communications between you and Company regarding the Services.
Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, Company will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Company's sole discretion. By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms or the Services, please contact us at: Interview Cracker Inc. Email:support@interviewcracker.ai