These Terms of Service ("Terms") govern access to and use of Probeo (the "Service"), provided by Silicon Prairie Technologies, LLC, a North Carolina limited liability company ("Company," "we," "us"). By creating an account, accessing, or using the Service, the entity or individual doing so ("Customer," "you") agrees to be bound by these Terms.
1. The Service
The Service is a business-to-business software platform that helps recruiters and staffing personnel screen candidates for technical roles. The Service includes, among other features, role and candidate management, AI-assisted generation of interview questions and answer guidance, screening session tracking, and related administrative tools. The Service is licensed to Customer for Customer's internal business use, not sold.
2. Accounts and Registration
Customer must provide accurate information when creating an account and is responsible for all activity occurring under its account, including activity by its authorized users (recruiters, administrators, and other personnel Customer grants access to). Customer is responsible for maintaining the confidentiality of login credentials and for promptly notifying Company of any unauthorized use.
3. Subscription Plans, Fees, and Payment
The Service is offered under subscription plans described on Company's pricing page, which may include limits on the number of seats, active roles, candidates, and AI-assisted generations included in a given plan. Subscriptions are billed monthly in advance through Company's third-party payment processor. Fees are non-refundable except as expressly set out in Company's Refund Policy, which is incorporated into these Terms by reference.
Customer may cancel its subscription at any time, effective at the end of the then-current billing period. Company does not provide refunds or credits for partial billing periods.
Company reserves the right to change subscription pricing on a going-forward basis, with reasonable advance notice to Customer.
4. Free Trials
Company may, at its discretion, grant a free trial period to a Customer account. Free trials are not offered automatically to every new account and are granted at Company's discretion. Company may modify or terminate a free trial at any time without liability.
5. Customer Data and Candidate Data
As between Company and Customer, Customer owns all data it submits to the Service, including candidate records, resumes, job descriptions, screening notes, and ratings ("Customer Data"). A meaningful portion of Customer Data relates to individual job candidates who are not themselves parties to these Terms and do not have direct accounts with the Service.
For Customer Data that constitutes personal data of candidates or other individuals, Customer is the data controller (or equivalent role under applicable law) and Company acts as a data processor or service provider processing that data solely on Customer's instructions and for the purpose of providing the Service. The parties' respective obligations regarding such data are further described in Company's Data Processing Agreement, incorporated into these Terms by reference where applicable.
Customer represents that it has all rights and lawful basis necessary to submit candidate data to the Service and to authorize Company's processing of that data as described in these Terms and Company's Privacy Policy.
6. AI-Generated Content and Human Judgment
The Service uses third-party artificial intelligence models to generate interview questions, suggested answer guidance, and related content based on information Customer provides (such as job descriptions or role details, or candidate resume content). AI-generated content is provided as a drafting aid and starting point for Customer's own recruiters, not as a determination, recommendation, or scoring of any candidate.
Company does not make hiring decisions and does not represent that AI-generated content is accurate, complete, unbiased, or suitable for any particular role or candidate. Customer is solely responsible for reviewing all AI-generated content before use, for the questions actually asked of candidates, for all ratings, verdicts, and other judgments entered into the Service, and for ensuring its own hiring processes comply with applicable law, including any law governing the use of automated tools in employment decisions.
7. Acceptable Use
Customer's use of the Service is subject to Company's Acceptable Use Policy, incorporated into these Terms by reference. Without limiting that policy, Customer will not use the Service to discriminate unlawfully against candidates, to submit content it does not have the right to submit, or to attempt to circumvent usage limits, security controls, or rate limits applied to its account.
8. Intellectual Property
Company retains all right, title, and interest in and to the Service, including its software, design, and underlying technology. Except for the limited rights granted in these Terms, no rights are transferred to Customer. Customer retains ownership of Customer Data as described above.
9. Confidentiality
Each party may have access to non-public information of the other party in connection with the Service. Each party agrees to use the other party's confidential information only as necessary to perform its obligations under these Terms and to protect it with the same degree of care it uses to protect its own confidential information of similar nature, but in no event less than reasonable care.
10. Term and Termination
These Terms remain in effect for as long as Customer maintains an active account. Either party may terminate for the other party's material breach that remains uncured for thirty days after written notice. Company may suspend or terminate access immediately for conduct that violates the Acceptable Use Policy or poses a security risk to the Service or other customers. Upon termination, Customer's right to access the Service ends, and Company will handle Customer Data as described in the Privacy Policy and Data Processing Agreement.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED CONTENT WILL BE ACCURATE OR SUITABLE FOR ANY PURPOSE. CUSTOMER IS SOLELY RESPONSIBLE FOR ITS HIRING DECISIONS AND FOR COMPLIANCE WITH ALL APPLICABLE EMPLOYMENT AND ANTI-DISCRIMINATION LAWS.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE. COMPANY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO COMPANY IN THE TWELVE MONTHS PRECEDING THE CLAIM.
13. Indemnification
Customer will indemnify and hold Company harmless from third-party claims arising out of Customer's use of the Service in violation of these Terms, Customer's hiring decisions, or Customer's violation of applicable employment or anti-discrimination law.
14. Geographic Scope
The Service is intended for use by businesses located in the United States. The Service is not directed at, and is not intended for, individuals or entities located in the European Union, the European Economic Area, or the United Kingdom. Company reserves the right to decline or restrict access to the Service from those regions.
15. Governing Law
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of laws principles. Any dispute arising out of these Terms will be resolved in the state or federal courts located in North Carolina, and each party consents to the personal jurisdiction of those courts.
16. Changes to These Terms
Company may update these Terms from time to time. Company will provide reasonable notice of material changes, such as by email or an in-product notice. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
17. General Provisions
- Entire Agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, Refund Policy, and, where applicable, a Data Processing Agreement, constitute the entire agreement between the parties regarding the Service.
- Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.
- Assignment. Customer may not assign these Terms without Company's prior written consent. Company may assign these Terms in connection with a merger, acquisition, or sale of assets.
- No Waiver. Failure to enforce any provision of these Terms is not a waiver of that provision.
18. Contact
Questions about these Terms may be directed to terms@siliconprairietechnologies.com.