CUSTOMER TERMS OF SERVICE
Version 1.0 · Effective 01 October 2026
Negotiated terms. These Terms are offered on a standard basis for all self-serve Plans. If your organisation requires legal review, redlining or custom terms (for example a master services agreement, bespoke data processing terms, security schedule or insurance requirements), contact enterprise@nextgeninterviews.ai. Custom terms are available only on Enterprise Plans and may carry an additional charge. Any mark-up of this online version, and any purchase-order terms or supplier onboarding terms you send us, are rejected and have no effect unless we sign them.
1. Who we are and what these Terms cover
1.1 These Customer Terms of Service (Terms) are issued by PRECISE AI LIMITED, a company incorporated and registered in England and Wales with company number 16512338, whose registered office is at Level 1, Devonshire House, 1 Mayfair Place, London, W1J 8AJ, United Kingdom, trading as NextGen Interviews (NextGen Interviews, we, us, our).
1.2 These Terms govern access to and use of the NextGen Interviews platform at https://nextgeninterviews.ai (and any Customer-branded domain through which it is made available) by business customers. Candidates who are invited to take an interview are governed by our separate Candidate Terms and Candidate Privacy Notice, not by these Terms. Visitors to our public website are governed by our Website Terms of Use.
1.3 By creating an account, clicking “I agree”, signing an Order Form, or using the Services, you agree to these Terms. The clauses identified in clause 3.1 bind you from that moment; the subscription contract under which we provide the Services and you pay the Fees is formed as described in clause 4, and the remaining clauses bind you from the Effective Date. If you are acting for a company or other organisation, you confirm that you have authority to bind it, and “you” and “Customer” mean that organisation.
1.4 The Services are provided to businesses only. By accepting these Terms you confirm that you are acting wholly or mainly for purposes relating to your trade, business, craft or profession and not as a consumer.
2. Definitions and interpretation
2.1 Definitions. In these Terms:
Account means the Customer’s account on the Platform.
Affiliate means, in relation to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party, where “control” has the meaning in section 1124 of the Corporation Tax Act 2010.
Authorised User means an employee, worker or contractor of the Customer whom the Customer permits to use the Services under its Account.
Business Day means a day other than a Saturday, Sunday or public holiday in England.
Candidate means an individual invited by a Customer to complete an interview or assessment through the Services. Candidates are not parties to these Terms.
Candidate Privacy Notice means our privacy notice for Candidates at https://nextgeninterviews.ai/candidate-privacy, as updated from time to time.
Candidate Recordings has the meaning in clause 11.1.
Chargeback has the meaning in clause 8.7(b).
Client means a third party for whom the Customer carries out recruitment under clause 6.1(b).
Confidential Information has the meaning in clause 15.1.
Contract Year means each successive twelve-month period from the Effective Date.
Cookie Notice means our cookie notice at https://nextgeninterviews.ai/cookies, as updated from time to time.
Customer means the business that has entered into these Terms.
Customer Content means Customer Materials, Candidate Recordings and Interview Outputs together.
Customer Materials has the meaning in clause 11.2.
Data Processing Addendum or DPA means Schedule 1.
Data Protection Legislation has the meaning in Schedule 1.
Dormant Period has the meaning in clause 19.7.
Effective Date means the date on which we send the confirmation email under clause 4.1(d) or, where the Services are ordered under an Order Form, the date determined under clause 4.5.
Enterprise Plan means a Plan agreed in writing between the parties (including by Order Form) that is not a self-serve Plan published on the pricing page.
Export Window has the meaning in clause 19.6.
Exported Output has the meaning in clause 10.4.
Fair Use Notice has the meaning in clause 9.3.
Fees means the charges for the Services as published on our pricing page or set out in an Order Form.
Group Company means, in relation to the Customer, any subsidiary or holding company of the Customer and any subsidiary of such holding company, as defined in section 1159 of the Companies Act 2006.
Interview Outputs has the meaning in clause 11.2.
Material Adverse Change has the meaning in clause 5.3.
Order Form means a written order for Services signed or electronically accepted by both parties.
Permitted Purpose has the meaning in clause 6.1, as extended (if at all) under clause 6.5.
Plan means the subscription tier selected by the Customer.
Platform means the NextGen Interviews software platform.
Preview Features has the meaning in clause 5.4.
Privacy Notice means our privacy notice at https://nextgeninterviews.ai/privacy, which explains how we process personal data of website visitors, Account owners, Authorised Users and other business contacts, as updated from time to time.
Recruitment Purpose has the meaning in clause 11.1.
Security Incident means any actual or reasonably suspected unauthorised access to, or loss, destruction, alteration or disclosure of, Customer Content.
Services means the Platform and the features described in clause 5.1, as made available to the Customer under its Plan, together with related support.
Subscription Term means the initial subscription period selected by the Customer and each renewal period.
Unsolicited Submissions has the meaning in clause 11.7.
Website means www.nextgeninterviews.ai and its subdomains.
2.2 Interpretation. In these Terms (including the Schedules): (a) clause and paragraph headings are for convenience only and do not affect interpretation; (b) “including”, “include”, “for example” and similar words are illustrative and do not limit the generality of the preceding words; (c) the singular includes the plural and vice versa; (d) a reference to a statute, regulation or other legislation is to it as amended, consolidated, re-enacted or replaced from time to time, and includes any subordinate legislation made under it; (e) a reference to a clause or Schedule is to a clause of, or Schedule to, these Terms, and the Schedules form part of these Terms; (f) “written” or “in writing” includes email but not fax or any other form of electronic messaging; and (g) a reference to a party includes its permitted successors and assigns.
3. Acceptance and declarations
3.1 By creating an Account, clicking “I agree” or using the Services, the individual accepting these Terms confirms that they: (a) have read and understood these Terms; (b) are at least 18 years old, or the age of majority in their place of residence if higher; (c) are an employee, officer or authorised agent of the Customer with authority to bind the Customer to these Terms; and (d) are not accepting on behalf of a competitor of ours or for a purpose prohibited by clause 10. Clauses 7, 10, 11, 15, 25 and 26 bind the Customer from the moment of acceptance, whether or not a subscription contract is subsequently formed under clause 4.
3.2 We may request reasonable written evidence of age, identity, authority or business status at any time and may suspend the Account until it is provided.
3.3 Each Authorised User must be at least 18 years old. The Customer is responsible for ensuring this.
4. How the contract is formed
4.1 For self-serve Plans, the subscription contract between the Customer and us is concluded in English and is formed as follows: (a) the Customer registers an Account using the online form and confirms its email address via the link we send; (b) the Customer selects a Plan (or a free trial leading to a Plan) and, where required, enters payment details; (c) the Customer accepts these Terms; and (d) we send an email confirming the subscription or trial, at which point the subscription contract is formed and the Effective Date occurs. Until that email is sent, no obligation to provide the Services or to pay Fees arises, although clause 3.1 applies.
4.2 Before submitting an order the Customer can review and correct any input errors by returning to the relevant step. These Terms (including the Schedules) are presented for review before acceptance and are available in a form that can be downloaded, stored and reproduced, both at the point of acceptance and at all times at https://nextgeninterviews.ai/legal-terms and in the Account; a copy of the version accepted, with its version number and date, is also included in or linked from the confirmation email under clause 4.1(d). We keep an electronic record of each order, and the Customer can view its subscription and invoice history in the Account.
4.3 We may decline to accept any order or activate any Account at our discretion, including under clause 7. If we decline an order for which payment has already been taken, we will refund that payment in full within fourteen (14) days.
4.4 These Terms may be accepted electronically, and such acceptance has the same effect as a signed agreement.
4.5 Order Forms and Enterprise Plans. Where the Services are ordered under an Order Form, the subscription contract is formed when the Order Form has been signed or electronically accepted by both parties, and the Effective Date is the date stated in the Order Form or, if none is stated, the date of the last signature or acceptance. An Order Form incorporates these Terms (including Schedules 1 and 2, where applicable) unless a signed master services agreement or enterprise agreement provides otherwise. A copy of these Terms (including the Schedules), in a form that can be stored and reproduced, is attached to or linked from each Order Form.
5. The Services
5.1 What the Services include. Depending on the Customer’s Plan, the Services comprise:
(a) Asynchronous video interviews – tools to create interview templates, invite Candidates, and collect recorded video responses that Candidates complete at a time of their choosing;
(b) Email invitations – the ability to send interview invitations and reminders to Candidates by email from within the Platform. Such emails are sent from our email domain (nextgeninterviews.ai) unless the Customer has enabled white-labelling and configured its own custom domain under clause 22.4, in which case they are sent from that custom domain; in either case the Customer’s name and branding appear in the email content as configured (see clause 22.3);
(c) Video integrity screening – proprietary technology (the “Deepfake Check”) that analyses every submitted video for indicators of synthetic generation, face-swapping or digital manipulation and produces an integrity score for each interview;
(d) AI interview analysis – automated transcription and analysis of each interview, producing question-level commentary, skills breakdowns across defined dimensions, an overall score and a suggested recommendation, all as decision-support for the Customer;
(e) Personality assessments – an optional Big Five (five-factor model) questionnaire that Candidates may be invited to complete, with results integrated into the interview report;
(f) Interview reports – automatically generated PDF reports consolidating the above;
(g) White-label customisation – the ability to present the candidate-facing experience under the Customer’s own domain, logo and colour scheme (clause 22.4); and
(h) Support – as described in clause 20.
We do not currently provide an application programming interface (API) or SMS/WhatsApp messaging. Feature availability by Plan is set out on the pricing page.
5.2 Duration of rights. The rights granted in clause 6 continue for the Subscription Term and end on expiry or termination of the subscription under these Terms. We may suspend or restrict access only where these Terms expressly permit it (including under clauses 3.2, 7.4, 8.12, 9.3, 19.8 and 19.9).
5.3 Changes to the Services. We may improve, update or modify the Services at any time. We will not, during a paid Subscription Term, materially reduce the core functionality of the Plan the Customer has purchased. If we make a change that materially and adversely affects the Customer’s use of the Services (a Material Adverse Change), we will give at least thirty (30) days’ notice, and the Customer may terminate its subscription by written notice within thirty (30) days of our notice and receive a pro-rata refund of prepaid Fees for the remainder of the Subscription Term after the termination date.
5.4 Complimentary, beta and preview features. Features that we identify as complimentary, beta, preview, early access or similar (Preview Features) are provided free of charge for evaluation, are not part of the paid Plan, may be changed or withdrawn at any time without notice, and are excluded from the warranties in clause 16 and from clause 20 (availability and support). Their withdrawal is not a Material Adverse Change. In all other respects Preview Features form part of the Services, and clauses 10, 11, 12, 14, 15, 17 and 21 and Schedule 1 apply to Customer Content and Customer Personal Data processed through them in the same way as for any other feature. The Customer is responsible for deciding whether to enable a Preview Feature for Candidate interviews and for any additional Candidate information or assessment (including under clause 12.4) that its use requires.
5.5 Accessibility. We design the candidate-facing experience with the aim of meeting the Web Content Accessibility Guidelines (WCAG) 2.2 at level AA and work towards that standard, including support for common assistive technologies. We will provide reasonable information about the Platform’s accessibility features on request to assist the Customer in meeting its own obligations. The Customer remains responsible, as the party conducting the recruitment, for compliance with the Equality Act 2010 and equivalent law, including for making reasonable adjustments under clause 10.2(e). Our accessibility statement for the Platform is available at https://nextgeninterviews.ai/accessibility.
6. Licence and Permitted Purpose
6.1 Right to use. Subject to these Terms and payment of the applicable Fees, we grant the Customer, for the Subscription Term, a non-exclusive, non-transferable (except under clause 26.5), worldwide right to permit its Authorised Users to access and use the Services for the following purposes (together, the Permitted Purpose):
(a) Internal recruitment – assessing candidates for roles within the Customer’s own organisation and its Group Companies;
(b) External recruitment – where the Customer is a recruitment agency, staffing business, recruitment process outsourcer or similar provider, assessing candidates for roles with the Customer’s Clients and sharing Exported Output with those Clients under clause 10.4; and
(c) White-label use – presenting the candidate-facing experience to Candidates under the Customer’s own trading name, logo, colour scheme and custom domain in accordance with clause 22.4. White-label use does not give Clients or any other third party access to the Platform.
6.2 Restrictions. The Customer may not: (a) resell, sublicense or offer the Services as a standalone product to third parties (other than making the candidate-facing interview experience available to Candidates and sharing Exported Output with Clients under clauses 6.1(b) and 10.4); (b) use the Services other than for the Permitted Purpose; or (c) permit anyone other than Authorised Users to access the Account.
6.3 Customer’s Clients. Where the Customer uses the Services under clause 6.1(b), the Customer remains fully responsible to us for the Services and for its Clients’ use of any Exported Output. The Customer’s Clients acquire no rights against us under these Terms. The parties’ data-protection roles in relation to Candidate personal data, including where the Customer acts as its Client’s processor, are set out in clause 12.1 and Schedule 1.
6.4 Capacity. The Customer and its Authorised Users may use the Services only in the capacity of a Customer under these Terms. A person who has received an interview invitation as a Candidate may not use Candidate access, links or materials to act as or on behalf of a Customer, and a Customer may not use the Services to complete interviews as a Candidate other than for genuine testing of its own interview templates.
6.5 Extension of the Permitted Purpose on Enterprise Plans. Where an Order Form for an Enterprise Plan expressly extends the Permitted Purpose to a use case described in clause 8.2, that use case is treated as within the Permitted Purpose for the purposes of clauses 6, 9, 10 and 11, subject to any conditions stated in the Order Form, and references in these Terms to the Recruitment Purpose, recruitment and roles are read accordingly in respect of that use case. As a condition of any such extension, the Customer must state the purpose of the assessment clearly in each invitation sent to Candidates and in its own privacy information provided to them under clause 12.3(b). No other document, course of dealing or communication extends the Permitted Purpose.
7. Accounts and account integrity
7.1 The Customer must register using accurate, current and complete information and must keep it updated.
7.2 The Customer must not: (a) register using an anonymous, disposable or temporary email address, or an email address the Customer does not control; (b) create or hold more than one Account, or more than one free trial, for the same organisation, group or business purpose without our written approval; (c) register, or allow a third party to register, an Account to circumvent a prior suspension, termination, trial expiry or fair-use measure under clause 9; or (d) impersonate any person, organisation or institution.
7.3 Verification. We may require verification before activating or continuing an Account or free trial, which may include confirmation of a business email domain, company registration details, or valid payment card details (including where the Account is registered using a free, personal or non-business email domain). Where payment card details are taken for a free trial, no charge is made during the trial; clause 8.13 governs what happens when the trial ends.
7.4 We may refuse, suspend, merge or close any Account that we reasonably believe is duplicated, unverifiable, anonymous, created in breach of this clause 7, or registered for a purpose prohibited by clause 10, without liability to the Customer.
7.5 Authorised Users and credentials. The Customer must not share login credentials between individuals and is responsible for all acts and omissions of its Authorised Users as if they were its own. The Customer must keep its credentials secure and notify us promptly of any unauthorised use of the Account.
8. Plans, Fees and payment
8.1 Plans and pricing. Current Plans, features and Fees are published on our pricing page. We may change Fees or Plans for future Subscription Terms. For existing Customers, a Fee increase will take effect only from the start of the next renewal after we have given at least thirty (30) days’ written notice. A Customer who does not accept the increase may cancel before the renewal date; otherwise the new Fees apply from renewal. Fee changes do not affect the Fees payable for the current Subscription Term.
8.2 Plan eligibility. Self-serve Plans are available only for the recruitment, screening and selection of employees, workers, contractors and interns by the Customer for itself or, where permitted under clause 6, for its Clients. Any other use case — including identity, immigration or visa verification; compliance, licensing or accreditation checks; academic admissions or educational assessment; marketplace or gig-platform onboarding; customer, supplier or tenant screening; research; or any assessment not forming part of a recruitment process — requires an Enterprise Plan agreed in writing under an Order Form that expressly extends the Permitted Purpose in accordance with clause 6.5. Use of a self-serve Plan outside this scope is a material breach of these Terms, and we may require the Customer to migrate to an Enterprise Plan at our then-current pricing or terminate under clause 19.4.
8.3 Plan limits, upgrades and downgrades. Each Plan specifies the number of Authorised User seats, active job postings, storage or other limits (if any), as published on the pricing page. The Customer may upgrade at any time via Account settings; the upgrade takes effect immediately and the Customer will be charged a pro-rated amount for the difference in Fees for the remainder of the current billing period, after which the new Plan Fees apply. The Customer may downgrade via Account settings; the downgrade takes effect at the start of the next billing period and no refund is given for the current period. The Platform will prevent use beyond the Customer’s Plan limits until the Customer upgrades or purchases an add-on at the price shown on the pricing page. Where the Customer has already exceeded a limit at the time of a downgrade, the Customer must reduce its usage to within the new limits before the downgrade takes effect. Usage-based or other bespoke charging arrangements apply only where set out in an Order Form.
8.4 Business customers – no cooling-off; refunds. The Customer confirms it is contracting as a business. The cancellation and cooling-off rights in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015 do not apply. Fees are non-refundable except where these Terms expressly provide for a refund, including under clauses 4.3, 5.3, 8.5(c), 8.14, 9.3(d), 16.1, 18.2, 19.3, 19.5, 24.2 and 26.4 and Schedule 1 paragraph 4. A Customer who believes it is entitled to a refund must apply in writing to support@nextgeninterviews.ai and we will consider the application in good faith.
8.5 Consumers. The Services are not offered to consumers. If, notwithstanding clause 8.4, a court or regulator determines that a Customer is a consumer under applicable law, then: (a) nothing in these Terms excludes or limits any right or remedy that cannot lawfully be excluded or limited in respect of that Customer; (b) clauses 8.7, 17 and 18 apply only to the extent permitted by law; and (c) we may terminate that Customer’s subscription on notice and refund any Fees paid for the unused portion of the Subscription Term.
8.6 Candidates. Candidates’ rights and obligations are set out in the Candidate Terms. Nothing in these Terms limits any Candidate’s statutory rights.
8.7 Chargebacks and payment disputes.
(a) Contact us first. If the Customer believes a charge is incorrect or wishes to request a refund, it must contact us at support@nextgeninterviews.ai within thirty (30) days of the charge. We will investigate and respond in good faith. Where we agree to refund any amount, no fee under clause 8.7(b) applies.
(b) Dispute handling fee. If the Customer raises a chargeback, payment reversal or card-network dispute with a bank, card issuer or payment provider (a Chargeback) in respect of Fees validly charged under these Terms, the Customer shall pay us an administration fee of £50 per Chargeback, whether or not the Chargeback is upheld by the card issuer and whether or not the Customer has first raised the matter with us under clause 8.7(a). The Customer acknowledges that this fee is a genuine reflection of the administrative costs, scheme fees and operational disruption we incur in responding to a Chargeback and is not a penalty. Any such fee is payable within 14 days of invoice and is a sum due under clause 8.12.
(c) Fees remain owed. A Chargeback is a process between the cardholder and its bank and does not determine the Customer’s contractual obligations. Where a Chargeback is upheld in respect of Fees that were validly due under these Terms (including for any period during which the Customer had access to the Services), the reversed amount remains a debt owed by the Customer to us and is payable, together with the fee under clause 8.7(b), within seven (7) days of our written demand.
(d) Remedies. If any amount under clause 8.7(c) is not paid when due we may: (i) charge interest under clause 8.11; (ii) suspend or terminate the Account under clause 19; (iii) recover our reasonable costs of recovery, including debt-collection agency and legal costs; and (iv) take any other lawful step to recover the debt, including court proceedings and, where applicable, the statutory insolvency procedures available to creditors.
(e) No bar. Nothing in this clause prevents a Customer from raising a dispute with its payment provider where the law entitles it to do so; it governs only the parties’ contractual position with each other.
8.8 Taxes. Fees are stated in pounds sterling and such other currencies as displayed at checkout and are exclusive of VAT and any other applicable taxes, duties or levies. Where we are required to charge VAT, it will be shown on the invoice or at checkout at the applicable rate and is payable in addition to the Fees. Our current VAT registration status is shown on our pricing page and on each invoice. Customers outside the UK are responsible for any taxes, withholding or reverse-charge accounting applicable in their jurisdiction. If the Customer is required by law to withhold any amount, the Fees shall be grossed up so that we receive the full amount invoiced.
8.9 Payment methods. Fees are payable by credit or debit card through our payment processor. Payment by bank transfer is available only for annual Plans and Enterprise Plans, on request and against invoice, with Services activated on cleared receipt.
8.10 Invoicing. Where an Order Form provides for payment by invoice, invoices are payable within seven (7) days of the invoice date by bank transfer in cleared funds, without set-off or deduction.
8.11 Late payment. If any undisputed amount is not paid when due, we may charge interest on the overdue amount at 8% per annum above the Bank of England base rate from time to time, accruing daily from the due date until payment, together with the fixed sum and reasonable recovery costs provided for by the Late Payment of Commercial Debts (Interest) Act 1998. The parties agree this is a substantial remedy.
8.12 Suspension for non-payment. If any amount remains unpaid seven (7) days after the due date, we may give written notice; if payment is not received within seven (7) days of that notice, we may suspend access to the Services until payment is made in full. Fees continue to accrue during suspension. Suspension does not relieve the Customer of its payment obligations or affect our other rights, including termination under clause 19.4.
8.13 Free trials. Where we offer a free trial, it is for the period and on the terms stated at sign-up, is limited to one per organisation, may be withdrawn or modified at any time, and is provided “as is” with no service levels. The trial end date, the Plan that will begin at the end of the trial and the amount that will then be charged are shown at sign-up and in the Account, and we will send a reminder email to the Account email at least three (3) days before the trial ends. Where payment details were provided at sign-up and the Customer does not cancel via Account settings before the trial ends, the paid Plan selected at sign-up will begin automatically and the Fees for the first billing period of that Plan will be charged. Where no payment details were provided, access ends when the trial ends unless the Customer selects a paid Plan. Where no paid Plan is taken, the trial is treated as having expired for the purposes of clause 19 and Customer Content from the trial is handled under clauses 19.6 and 19.7, save that the Dormant Period for trial content is thirty (30) days.
8.14 Renewal reminders. For annual Plans we will send a reminder to the Account email at least thirty (30) days before each renewal date, stating the renewal date and the Fees that will be charged. For monthly Plans the next billing date and amount are shown in the Account. Failure to send a reminder does not invalidate a renewal but entitles the Customer to cancel within fourteen (14) days of the renewal charge and receive a full refund of that charge.
9. Unlimited Plans and fair use
9.1 Plans described as “Unlimited” allow the Customer to conduct an unlimited number of interviews for the Permitted Purpose, in the ordinary course of recruitment, without per-interview charges. “Unlimited” refers to the number of interviews; it does not mean the Services may be used for purposes outside the Permitted Purpose (for example bulk video storage, automated or scripted submissions, stress-testing, or any use not connected to assessing genuine candidates for genuine roles). Use outside the Permitted Purpose is governed by clauses 8.2, 10 and 19.4, not by this clause.
9.2 Fair use. Because the Services consume computing resources for every interview, we monitor aggregate usage. The Customer’s use of an Unlimited Plan is subject to fair use. Use is outside fair use where the Customer’s consumption of compute, storage or AI-analysis resources in any seven (7)-day period (a) exceeds 10 times the median consumption of Customers on the same Plan, or (b) in our reasonable judgement imposes a cost on us that is disproportionate to the Fees for that Plan or threatens the stability or performance of the Services for other customers, in each case even where the use is genuine use for the Permitted Purpose.
9.3 Fair-use process. Where we consider that the Customer’s use is outside fair use, we will:
(a) give the Customer written notice (a Fair Use Notice) identifying the usage concerned and providing the usage data on which we rely;
(b) discuss the Customer’s needs in good faith and offer an Enterprise Plan, usage-based pricing or another arrangement appropriate to the Customer’s actual usage;
(c) if no arrangement is agreed within seven (7) days of the Fair Use Notice, limit the Customer’s usage to a level consistent with fair use for its Plan (for example by limiting the number of concurrent or daily interviews), giving the Customer at least seven (7) days’ notice of the limit to be applied; and/or
(d) if no arrangement is agreed within fourteen (14) days of the Fair Use Notice, terminate the subscription on not less than fourteen (14) days’ written notice, in which case we will refund, within fourteen (14) days of termination, a pro-rata portion of prepaid Fees calculated on the number of unused days in the current Subscription Term.
9.4 Nothing in this clause 9 limits our right to suspend access under clause 19.8 where usage presents an immediate security or operational threat, or to terminate under clause 19.4 for breach. Use that is within fair use is not a breach of these Terms.
10. Acceptable use
10.1 The Customer and its Authorised Users must not:
(a) use the Services unlawfully or for any purpose other than the Permitted Purpose;
(b) reverse engineer, decompile, scrape or attempt to extract the source code, models or training data of the Services except as permitted by law;
(c) introduce malicious code or attempt to gain unauthorised access to the Services or their infrastructure;
(d) use the Services to harass, discriminate against, or harm any person;
(e) impersonate any person or misrepresent an affiliation;
(f) upload, create, transmit or make available through the Services (including in interview templates, questions, branding, messages to Candidates or any other Customer Content) any material that: (i) is unlawful, defamatory, obscene, pornographic, threatening, harassing, abusive or hateful; (ii) is racist, xenophobic, discriminatory on the basis of any protected characteristic, or that incites violence or terrorism; (iii) is false, misleading or deceptive, including misrepresenting the role, employer, Client or terms of any position; (iv) infringes any intellectual property right, right of confidence, privacy right or other right of any person; (v) constitutes unsolicited advertising, spam, chain messages or pyramid schemes; (vi) contains malicious code; or (vii) violates the secrecy of communications or any data protection law;
(g) use the Services, or register for a trial or Account, for competitive analysis, market research, benchmarking, or product, UX or UI analysis, or on behalf of or for the benefit of a competitor of ours;
(h) use automated means to submit interviews or probe the video-integrity screening; or
(i) attempt to circumvent Plan limits, fair-use measures under clause 9 or security controls.
10.2 Customer-specific obligations. The Customer must additionally:
(a) use the email invitation feature solely to send interview invitations, reminders and directly related transactional communications to Candidates who are genuinely under consideration for a role – not for marketing or unsolicited communications;
(b) ensure that each Candidate receives the Candidate Terms and Candidate Privacy Notice before interview (which the Platform presents automatically) and that the Customer’s own privacy information is provided to Candidates;
(c) only invite Candidates aged sixteen (16) or over;
(d) obtain any consent to the recording of a Candidate’s video or audio that is required by the law of the place where the Candidate is located, and comply with any local law requiring notice to or consent from Candidates for the use of AI-assisted video interviewing;
(e) respond to requests from Candidates for reasonable adjustments (for example additional time, an alternative format or an alternative method of assessment) in accordance with the Equality Act 2010 and equivalent law, using the Platform’s configuration options where available, and provide an alternative route to apply where an adjustment cannot be accommodated through the Platform;
(f) ensure its Authorised Users comply with these Terms; and
(g) where it uses the Services under clause 6.1(b), comply with all law regulating employment agencies and employment businesses applicable to its activities, including (for Great Britain) the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003, and ensure that it has obtained the Client’s authority to carry out recruitment on the Client’s behalf and to share Candidate information with the Client.
10.3 Candidates’ conduct obligations are set out in the Candidate Terms.
10.4 Downstream sharing of Reports. The Services do not provide Clients or other third parties with access to the Platform; Clients receive only material the Customer chooses to download or export. Where the Customer downloads or exports any Interview Output or Candidate Recording (Exported Output) and shares it with a Client or any other third party, the Customer: (a) is solely responsible for that disclosure and for ensuring it is lawful, including under the Data Protection Legislation and any notice given to the Candidate; (b) must not alter Exported Output in a way that misrepresents its content, or remove any notice stating that it was generated with AI assistance and should not be the sole basis for a hiring decision; (c) must ensure that any recipient is informed that AI-generated scores and recommendations are decision-support only and that a human must make the final decision; and (d) acknowledges that we have no contractual relationship with, and no liability to, any such recipient. Clauses 17.5 and 18.1 apply to any claim arising from downstream sharing.
11. Customer Content and intellectual property
11.1 Candidate Recordings. Each Candidate’s video and audio recordings and the answers they give to assessment questionnaires (Candidate Recordings) are created by the Candidate and remain the Candidate’s own. Under the Candidate Terms, each Candidate grants the Customer a non-exclusive licence to view, store, analyse and share their Candidate Recordings with persons involved in the recruitment process (including, where the Customer acts under clause 6.1(b), its Clients) for the purpose of considering the Candidate for the role(s) for which they were invited and for related roles, and for the Customer’s lawful record-keeping in connection with that recruitment (the Recruitment Purpose), and grants us a limited licence as set out in clause 11.3. The Customer acknowledges that it does not own Candidate Recordings and may use them only for the Recruitment Purpose and in compliance with the Data Protection Legislation. Where the Permitted Purpose has been extended under clause 6.5, the Recruitment Purpose includes the extended use case to the extent of the licence granted by Candidates under the Candidate Terms for the purpose stated in their invitation.
11.2 Customer Materials and Interview Outputs. The Customer owns all interview questions, job descriptions, branding, configurations and other materials it uploads (Customer Materials). As between the Customer and us, the Customer owns all transcripts, reports, scores, commentary, summaries, integrity indicators and assessment results generated for it by the Services from Candidate Recordings and Customer Materials (Interview Outputs), subject to: (a) our rights in the underlying templates, methodology, models and software, none of which are transferred; (b) the Candidate’s rights in the Candidate Recordings from which Interview Outputs are derived; and (c) the Customer using Interview Outputs that contain Candidate personal data only for the Recruitment Purpose, in compliance with the Data Protection Legislation and clause 12.6. Nothing in this clause grants the Customer any right in the Services or in output generated for any other customer.
11.3 Licence to us. The Customer grants us (and, through the Candidate Terms, each Candidate grants us) a non-exclusive, royalty-free, worldwide licence to host, store, transmit, process, transcribe, analyse, reproduce and display Customer Content solely to the extent necessary to: (a) provide, secure and maintain the Services; (b) generate Interview Outputs for the Customer; (c) provide support at the Customer’s request, which may involve our technical personnel accessing a specific Candidate Recording to the extent necessary to diagnose and resolve a fault (for example a corrupted or non-playing file), with such access logged and limited to what is needed; and (d) comply with law. We have no other interest in Customer Content and will not access Candidate Recordings for any other purpose.
11.4 Customer’s responsibility. The Customer is solely responsible for the lawfulness of its Customer Materials and for ensuring it has a lawful basis to process Candidate Recordings and Interview Outputs.
11.5 Our intellectual property. We and our licensors own all intellectual property rights in the Platform, the Services, our methodology, templates, models, documentation and the Website, and all improvements to them. Except for the rights expressly granted in clause 6, no rights are granted to the Customer. “NextGen Interviews” and our logos are our trade marks.
11.6 Third-party and open-source components. The Platform incorporates third-party and open-source software components. Such components are licensed under their own terms, which do not expand the Customer’s rights under these Terms, and nothing in these Terms restricts rights granted to the Customer under any applicable open-source licence.
11.7 Feedback and unsolicited submissions. If the Customer or its Authorised Users provide suggestions, feedback, feature requests or other material to us through the Platform, our Website, email, support channels or otherwise (Unsolicited Submissions), we treat them as non-confidential and non-proprietary and may use them without restriction, obligation or compensation. Personal data within Unsolicited Submissions is handled under our Privacy Notice. Customer Content is not an Unsolicited Submission.
11.8 Retention and deletion during the Subscription Term. The Customer controls the retention of Customer Content during the Subscription Term. The Platform allows the Customer to delete individual Candidate interviews (including Candidate Recordings and the associated Interview Outputs) at any time. Content deleted by the Customer is removed from our live systems within thirty (30) days and from encrypted backups within the further period stated in clause 19.7. The Customer, as controller, is responsible for setting retention periods that are consistent with its own retention policy and the information it has given Candidates.
12. Data protection
12.1 Roles. For Candidate personal data processed through the Services, the Customer is the controller and we are the processor, except as provided in this clause. Where the Customer recruits for a Client under clause 6.1(b) and has agreed with that Client that the Customer acts as the Client’s processor, then (a) the Customer acts as processor and we act as the Customer’s sub-processor; (b) the Customer warrants that it has the Client’s authority to engage us on the terms of Schedule 1 and to give us the instructions contained in these Terms and through its use of the Platform, and that its contract with the Client permits our engagement; (c) references in Schedule 1 to the Customer as “controller” are read as references to the Customer acting on behalf of its Client as controller; and (d) as between the Customer and us, the Customer remains solely responsible for giving instructions, for the obligations of the Customer under these Terms and Schedule 1, and for its own compliance with Article 28 UK GDPR (or equivalent) towards its Client. In every case we have no contractual relationship with the Client, and the Customer is our sole counterparty. The Data Processing Addendum at Schedule 1 applies. For Customer account and billing data (including the names and contact details of Authorised Users and the Account owner, and the Customer’s billing and payment details) and for technical data processed to operate and secure the Services, we are an independent controller as described in our Privacy Notice and Schedule 1 paragraph 9.
12.2 Privacy and cookies. Our Privacy Notice and Cookie Notice explain how we process personal data and use cookies. They are provided for transparency under the Data Protection Legislation and do not form part of these Terms. The contractual terms on which we process personal data on the Customer’s behalf are set out in Schedule 1, which does form part of these Terms.
12.3 Customer’s responsibilities as controller. The Customer is responsible for: (a) having a lawful basis for processing Candidate personal data through the Services, and for the decisions it makes about Candidates in connection with the Permitted Purpose; (b) providing Candidates with the privacy information required by the Data Protection Legislation (the Candidate Privacy Notice presented by the Platform describes our role; the Customer must separately provide its own); (c) determining the lawful basis on which the video-integrity screening (the “Deepfake Check”), which runs on every interview and cannot be disabled, operates on its interviews, and whether and on what basis to enable the personality assessment feature; (d) where it relies on Candidate consent for any feature, ensuring that consent is freely given, that Candidates are told how to withdraw it, and that a genuine alternative route to be considered for the purpose for which they were invited is available to Candidates who decline or withdraw consent, including a Candidate who declines the video-integrity screening and therefore cannot take the interview on the Platform; and (e) handling Candidate rights requests, with our assistance under Schedule 1. Where the Customer acts as its Client’s processor under clause 12.1, the Customer is responsible for ensuring that its Client, as controller, discharges these obligations.
12.4 Video-integrity screening. The video-integrity screening feature (the Deepfake Check) analyses facial and visual characteristics of submitted video to detect manipulation or synthetic generation. It is an integral part of the Services, runs on every interview and cannot be disabled for individual interviews or Candidates. Depending on the jurisdiction and configuration, this may constitute processing of biometric data or special category data. Before using the Services the Customer must: (a) satisfy itself that it has an appropriate lawful basis and, where required, a condition for processing special category data (which may require the Candidate’s explicit consent, which the Platform collects before the interview begins); (b) carry out and document a data protection impact assessment (DPIA) where required by Article 35 UK GDPR or equivalent law; (c) provide Candidates with clear information about the feature; and (d) make an alternative method of assessment available to any Candidate who declines or withdraws consent to the screening. We will provide reasonable information to support the Customer’s DPIA on request.
12.5 Personality assessments. Personality assessment results are inferences about a Candidate’s characteristics and may be sensitive. The Customer is responsible for determining the lawful basis for inviting Candidates to complete assessments, for using results only in a manner that is fair, relevant to the purpose for which the Candidate was invited and compliant with the Equality Act 2010 (and equivalent law), and for carrying out a DPIA where required.
12.6 Automated decision-making and human review. The Services generate scores, rankings, commentary and suggested recommendations using artificial intelligence. These are decision-support tools only. The Customer agrees that: (a) no decision with legal or similarly significant effects on a Candidate (including rejection, shortlisting or hiring) will be made solely on the basis of Interview Outputs without meaningful review by a suitably trained human who has authority to change the outcome; (b) it will comply with Articles 22A to 22D UK GDPR and, where applicable, Article 22 EU GDPR, and with any equivalent law in the jurisdictions where its Candidates are located; (c) it will inform Candidates that AI-assisted analysis is used; and (d) it will not use Interview Outputs in a way that discriminates on the basis of any protected characteristic.
12.7 EU and other jurisdictions. Where, in accordance with clause 12.8, the Customer uses the Services in relation to Candidates located in the European Union, the Customer acknowledges that AI systems used in recruitment and candidate evaluation may be classified as high-risk under Regulation (EU) 2024/1689 (the EU AI Act), and that as the deployer the Customer bears the deployer obligations under that Regulation, including human oversight, transparency to Candidates, and record-keeping. We are responsible for any obligations that apply to us as a provider under that Regulation and will provide reasonable technical documentation to assist the Customer in meeting its deployer obligations. The Customer is responsible for identifying and complying with any similar obligations in other jurisdictions in which it operates (including, for example, New York City Local Law 144, the Illinois Artificial Intelligence Video Interview Act, and applicable laws in Canada, Australia, New Zealand, Hong Kong and Singapore).
12.8 European Union. The Services are not currently offered in, or directed at, the European Union or the European Economic Area, and we have not appointed a representative under Article 27 EU GDPR. The Customer must not invite Candidates located in the EU or EEA, and must not use the Services from an establishment in the EU or EEA, unless we have first agreed to this in writing (including by Order Form), which may be conditional on our appointing a representative, on additional terms under Schedule 1 paragraph 5, and on additional Fees. A Customer that believes it will need to do so should contact us at privacy@nextgeninterviews.ai. If we extend the Services to the EU or EEA we will appoint a representative where Article 27 requires it and publish the representative’s details in this clause and in the Candidate Privacy Notice. Any incidental processing of personal data of an individual located in the EU or EEA that occurs despite this clause is carried out on the Customer’s instruction as controller, and the Customer is responsible for its own obligations under the EU GDPR in respect of it.
12.9 Identifying the controller to Candidates. Where the Customer acts as processor on behalf of a Client in respect of Candidate Personal Data, the Customer shall ensure that each Candidate invitation (or privacy information provided with it) identifies the Client as controller and provides the information required by Article 13 or 14 UK GDPR. The Customer remains responsible to us for the Client’s instructions.
12.10 US biometric privacy laws. Certain US states (including Illinois under the Biometric Information Privacy Act, Texas and Washington) regulate the collection and retention of biometric identifiers and impose obligations and, in some cases, statutory damages on any entity in possession of them. Because the Deepfake Check runs on every interview (clause 12.4), the Customer must not, on a self-serve Plan, invite Candidates who are located or resident in Illinois, Texas or Washington, or in any other US state that has enacted a biometric privacy law conferring a private right of action, unless we have first agreed to this in writing (including by Order Form), which may be conditional on an Enterprise Plan, additional terms (including Candidate notice, written-release and retention requirements) and additional Fees. The Customer is responsible for establishing Candidates’ location before issuing invitations. Any processing of a Candidate’s biometric data that occurs in breach of this clause is carried out on the Customer’s instruction as controller, and the Customer will indemnify us under clause 18 against any claim, statutory damages, penalty or cost arising from it.
13. Nature of AI outputs
13.1 Video-integrity screening. Our video-integrity screening uses probabilistic techniques. It produces an indicator of risk, not a determination of fact. It may produce false positives (flagging a genuine Candidate) and false negatives (failing to flag a manipulated video), and we do not warrant that any video is or is not authentic. The Customer must treat integrity scores as one input requiring human judgement, must not reject a Candidate solely on the basis of an integrity score without further verification, and must give Candidates an opportunity to respond where a score influences a decision.
13.2 AI analysis. Transcriptions, scores and recommendations may contain errors, omissions or biases inherent in language models and in the Customer’s own questions and scoring criteria. They do not constitute professional, legal or HR advice.
13.3 Personality assessments. The Big Five assessment is a self-report psychometric tool. It is not a clinical, medical or diagnostic instrument, does not measure ability or integrity, and must not be used as the sole basis for any decision about a Candidate.
13.4 Subject to clause 17.1, we accept no liability for decisions made by the Customer or its Clients in reliance on Interview Outputs.
14. Use of data for improvement and model training
14.1 No training on Customer Content. We do not use Customer Content (including Candidate Recordings, transcripts and Interview Outputs) to train, retrain or fine-tune our own or any third party’s artificial intelligence or machine-learning models.
14.2 Third-party AI providers. Where we use third-party AI service providers to process Customer Content in order to provide the Services, we contract with those providers on terms under which they are prohibited from using Customer Content to train their models and must process it only to provide services to us. Such providers are listed as sub-processors under Schedule 1.
14.3 Aggregated and de-identified data. We may generate and use statistical, aggregated and de-identified data derived from use of the Services (for example feature usage, interview completion rates and system performance), provided that it does not identify, and cannot reasonably be used to identify, the Customer, any Authorised User or any Candidate. We may use such data to operate, secure, benchmark and improve the Services and for industry research. Such data is not Customer Content.
15. Confidentiality
15.1 Each party will keep confidential all non-public information disclosed by the other in connection with these Terms (Confidential Information), use it only for the purposes of these Terms, and disclose it only to its personnel, advisers and (in our case) sub-processors who need to know it and are bound by equivalent obligations. Customer Content is the Customer’s Confidential Information; the Services, pricing not published on our Website, and our methodology are our Confidential Information. Confidential Information includes information disclosed before the Effective Date in connection with the Customer’s evaluation of the Services.
15.2 These obligations do not apply to information that is or becomes public other than through breach, was already lawfully known to the recipient, is independently developed, or must be disclosed by law or a regulator (with notice to the other party where lawful). They survive for five (5) years after termination, and indefinitely for Candidate personal data and trade secrets.
16. Warranties
16.1 Our warranties. We warrant that the Services will be provided with reasonable care and skill and will materially conform to their published description. The Customer’s sole remedy for breach of this warranty is for us to re-perform or correct the non-conforming Services or, if we cannot do so within a reasonable time, to refund the Fees attributable to the non-conforming period.
16.2 Exclusion of implied terms. Except as expressly stated in these Terms, and to the fullest extent permitted by law, all other warranties, conditions, guarantees and terms, whether express or implied by statute, common law, course of dealing, course of performance, usage of trade or otherwise – including any implied terms as to satisfactory quality, fitness for a particular purpose, merchantability, merchantable quality, acceptable quality, non-infringement, or that the Services will be uninterrupted, secure or error-free – are excluded. This includes, without limitation, terms implied by the Supply of Goods and Services Act 1982 (UK), the Sale of Goods Act 1979 (UK), the Sale of Goods and Supply of Services Act 1980 (Ireland), the Uniform Commercial Code (USA), provincial sale of goods and consumer protection legislation (Canada), the Australian Consumer Law, the Consumer Guarantees Act 1993 and Fair Trading Act 1986 (New Zealand), the Supply of Services (Implied Terms) Ordinance (Cap. 457) and Sale of Goods Ordinance (Cap. 26) (Hong Kong), and the Sale of Goods Act and Unfair Contract Terms Act (Singapore).
16.3 No warranty from statements. No advice or information, whether oral or written, obtained by the Customer from us, our personnel, sales or support channels, documentation, Website or marketing materials creates any warranty, representation or commitment not expressly set out in these Terms or an Order Form signed by us.
16.4 Non-excludable rights. Some jurisdictions do not permit the exclusion of certain guarantees in supplies to businesses (for example the Australian Consumer Law for acquisitions under the prescribed threshold). Where such a guarantee applies and cannot be excluded, our liability for breach of it is limited, at our option, to re-supplying the Services or paying the cost of having them re-supplied, to the extent the law permits.
17. Limitation of liability
17.1 Liability that cannot be limited. Nothing in these Terms limits or excludes either party’s liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot lawfully be limited or excluded.
17.2 Exclusions. Subject to clause 17.1, we (and our Affiliates, directors, officers, employees, agents, contractors, suppliers and licensors) shall have no liability, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, for any: (a) loss of profit, revenue, business, contracts or anticipated savings; (b) loss of or damage to goodwill or reputation; (c) loss of a placement fee, commission or hire; (d) wasted management or staff time; or (e) indirect, special or consequential loss, in each case even if foreseeable.
17.3 Data. Subject to clause 17.1 and Schedule 1, we are not liable for loss, corruption or unavailability of Customer Content to the extent caused by: (a) the Customer’s or its Authorised Users’ acts, omissions, instructions or account credentials; (b) the Customer’s failure to export, or to request a copy of, Customer Content within the Export Window; (c) Candidate device, browser or connectivity failures; or (d) events outside our reasonable control. Our sole obligations in respect of data loss caused by us are to use reasonable efforts to restore the affected Customer Content from backup in accordance with clause 20.5 and, where restoration is not possible, our liability is subject to the cap in clause 17.6.
17.4 Third-party services and links. We are not liable for outages or failures of third-party services to the extent outside our reasonable control, nor for the content, accuracy or availability of any third-party website, service or content linked from the Platform, Website, reports or communications. We do not endorse any such third party, and any dealings between the Customer and a third party are solely between them.
17.5 No liability for Customer’s decisions. We are not liable for any hiring, rejection, screening or other decision made by the Customer or its Clients, or for any claim by a Candidate or third party arising from such decisions, from the Customer’s recruitment practices, or from the Customer’s or its Clients’ use or disclosure of Interview Outputs or Exported Output. We are responsible only for our own acts and omissions and not for those of the Customer, its Authorised Users, Clients or Candidates. Where the Customer incurs or discharges a liability to a Client, a Candidate, a regulator or any other third party and seeks to recover any part of it from us, by whatever route, that amount is recoverable only to the extent that it was caused by our breach of these Terms or our negligence, and only subject to clauses 17.2, 17.6 and 17.7.
17.6 Our general cap. Subject to clauses 17.1 and 17.7, our total aggregate liability arising out of or in connection with these Terms in any Contract Year, whether in contract, tort (including negligence), under statute or otherwise, shall not exceed the greater of (a) the Fees paid by the Customer in the twelve (12) months immediately preceding the event giving rise to the claim, and (b) £500. Clause 17.7 applies in place of this clause 17.6 to any claim falling within clause 17.7, and amounts paid under this clause 17.6 count towards the overall figure in clause 17.7(iii).
17.7 Data-protection cap. Subject to clause 17.1, our total aggregate liability in any Contract Year for breach of Schedule 1 or the Data Protection Legislation shall not exceed the greater of (a) two (2) times the Fees paid by the Customer in the twelve (12) months immediately preceding the event giving rise to the claim, and (b) £1,000, and in any event shall not exceed £5,000. This clause 17.7 applies to every claim by the Customer that is connected with personal data, however framed and whether in contract, tort (including negligence), under statute or otherwise, including any claim for contribution, indemnity, recourse or claim-back (whether under Article 82(5) UK GDPR, the Civil Liability (Contribution) Act 1978 or otherwise) in respect of compensation, fines, costs, expenses or settlements paid or payable by the Customer to a Candidate, a Client, a regulator or any other person. For the avoidance of doubt: (i) a claim falling within this clause 17.7 is subject only to this clause 17.7 and not to clause 17.6; (ii) all other claims are subject to clause 17.6; and (iii) our total aggregate liability for all claims of every kind in any Contract Year, whether under clause 17.6, this clause 17.7 or both, shall not exceed the highest amount payable under this clause 17.7. Amounts paid under clause 17.6 count towards that overall figure.
17.8 Customer’s cap. Subject to clause 17.1, and excluding (a) the Customer’s obligation to pay Fees and other sums due under clause 8, (b) the Customer’s liability under the indemnities in clause 18.1, and (c) the Customer’s liability for breach of clauses 10, 11.5, 12 or 15, the Customer’s total aggregate liability arising out of or in connection with these Terms in any Contract Year shall not exceed the greater of the Fees paid or payable by the Customer in the twelve (12) months immediately preceding the event giving rise to the claim and £1,000.
17.9 Fair allocation. The Customer acknowledges that the Fees reflect this allocation of risk and that it is responsible for maintaining its own copies of Customer Content that it wishes to retain.
17.10 Time limit for claims. Subject to clause 17.1, neither party may bring any claim arising out of or in connection with these Terms (whether in contract, tort (including negligence), breach of statutory duty or otherwise) unless it has given the other party written notice of the claim, setting out in reasonable detail the facts relied on, within twelve (12) months after the date on which it became aware, or ought reasonably to have become aware, of those facts, and in any event within twelve (12) months after the end of the Subscription Term in which the facts arose. Any claim not notified in accordance with this clause is irrevocably waived. This clause does not apply to: (a) claims for Fees or other sums due under clause 8; (b) claims for breach of clause 10, 11.5 or 15, or infringement of either party’s intellectual property rights; (c) claims under the indemnities in clause 18; or (d) claims that cannot lawfully be time-limited.
18. Indemnities
18.1 By the Customer. The Customer will indemnify and hold harmless NextGen Interviews and its Affiliates, directors, officers, employees and agents against all losses, damages, costs (including reasonable legal and other professional costs and, where applicable, attorneys’ fees) and liabilities arising out of or in connection with: (a) any claim by a Candidate, a Client, a regulator or governmental authority or any third party, and any statutory damages, compensation, penalty or fine, arising from the Customer’s recruitment decisions, its use or sharing of Interview Outputs or Exported Output, its breach of clauses 12.8 or 12.10, or its failure to comply with clause 12 or the Data Protection Legislation as controller (or, where clause 12.1 applies, as processor for its Client), including any compensation we pay to a Candidate or other data subject under Article 82 UK GDPR (or equivalent law) to the extent attributable to the Customer’s responsibility for the event giving rise to the damage, except to the extent such losses are caused by our breach of these Terms or our negligence; for the avoidance of doubt, inaccuracy, error or bias in Interview Outputs or integrity scores of the kind described in clause 13 does not of itself constitute breach or negligence by us; (b) Customer Materials or the Customer’s brand assets infringing any third-party right; (c) the Customer’s or its Authorised Users’ breach of clauses 7 or 10; or (d) any Chargeback-related losses under clause 8.7.
18.2 By us. We will defend the Customer against any third-party claim that the Services, as provided by us and used in accordance with these Terms, infringe a UK patent, copyright, trade mark or database right, and will pay damages and costs finally awarded or agreed in settlement. This does not apply to claims arising from Customer Content, Customer brand assets, Preview Features, combination with items not supplied by us, or use after we have offered a non-infringing alternative. If a claim arises or is likely, we may procure the right to continue, modify the Services to be non-infringing, or terminate the affected Services and refund prepaid Fees for the unused period. This clause is the Customer’s exclusive remedy for infringement.
18.3 Conduct. The indemnified party must promptly notify the indemnifying party, give reasonable co-operation at the indemnifying party’s cost, and allow the indemnifying party sole control of the defence and settlement (not admitting liability on the indemnified party’s behalf without consent).
19. Term, termination and suspension
19.1 Term. These Terms commence on the Effective Date and continue for the initial Subscription Term, renewing automatically for successive periods of the same length unless either party cancels before the renewal date.
19.2 Termination by the Customer. The Customer may cancel at any time via Account settings; cancellation takes effect at the end of the current paid period, and clause 8.4 applies to refunds, save where these Terms provide otherwise.
19.3 Termination by us on notice. We may terminate the subscription for any reason on not less than seven (7) days’ written notice. If we do so, we will refund, within fourteen (14) days of termination, a pro-rata portion of prepaid Fees calculated on the number of unused days in the current Subscription Term. We will not use this clause to end a subscription for heavy but genuine use of an Unlimited Plan, which is governed exclusively by clause 9.
19.4 Termination for cause. Either party may terminate immediately on written notice if the other: (a) commits a material breach which is irremediable or, if remediable, is not remedied within fourteen (14) days of notice; or (b) to the extent permitted by applicable law (including, for a Customer subject to the Insolvency Act 1986, section 233B of that Act), becomes insolvent, enters administration, liquidation or any analogous procedure in any jurisdiction, has a receiver appointed, enters into any arrangement with creditors, or ceases to trade. We may additionally terminate (i) on written notice where, following suspension under clause 8.12, the overdue amount remains unpaid fourteen (14) days after the suspension began; and (ii) immediately on written notice for use outside Plan eligibility under clause 8.2 or for breach of clauses 7, 10 or 12.
19.5 Refund on termination for our breach. If the Customer terminates under clause 19.4(a) for our material breach, we will refund prepaid Fees for the period after termination.
19.6 Export Window. The Customer may download Interview Outputs and Candidate Recordings using the Platform’s export tools at any time during the Subscription Term, and is encouraged to do so before expiry or cancellation. On expiry or termination for any reason, access to the Platform ends, and the Customer then has thirty (30) days (the Export Window) in which it may request, by email to support@nextgeninterviews.ai from the Account owner’s email address, a copy of its Customer Content. We will provide the requested Customer Content in a commonly used, machine-readable format within ten (10) Business Days of the request, by secure download link or other reasonable means. One such request is included without charge; we may charge a reasonable fee for repeated or unusually large requests. Where we have terminated for the Customer’s material breach of clause 10 or 12, we may decline to return Customer Materials, but Customer Personal Data (as defined in Schedule 1) will in every case be returned and/or deleted in accordance with Schedule 1 paragraph 3(g).
19.7 Dormant Period and deletion. After the Export Window, the Account enters a dormant period of thirty (30) days (the Dormant Period) during which Customer Content is retained but not accessible. If the Customer begins a new paid subscription within the Dormant Period, access to the retained Customer Content is restored. At the end of the Dormant Period we will delete or anonymise all Customer Content in our live systems in accordance with Schedule 1, other than data we must retain by law. Copies held in encrypted backups are not accessed and are overwritten in the ordinary course within a further thirty (30) days. The Customer, as controller, is responsible for ensuring that retention during the Export Window and Dormant Period is consistent with its own retention policy and Candidate notices, and may instruct earlier deletion at any time by email to privacy@nextgeninterviews.ai, which we will carry out within thirty (30) days. Schedule 1 paragraph 3(j) applies to Candidate rights requests received during the Export Window and Dormant Period.
19.8 Suspension. We may suspend access to all or part of the Services immediately where reasonably necessary to: (a) address a security threat or vulnerability; (b) comply with law or a lawful request from a regulator or court; (c) prevent harm to Candidates, other customers or the Services, including where usage presents an immediate threat to the stability or performance of the Services; (d) address a suspected breach of clause 7, 10 or 12; or (e) act under clause 8.12. We will notify the Customer as soon as reasonably practicable, keep any suspension to the minimum necessary, and restore access once the issue is resolved. We are not liable for loss arising from a suspension made in good faith under this clause.
19.9 Enforcement measures. In addition to suspension or termination, where we reasonably believe there is a breach of clause 7, 10, 12 or 15, or a security threat, we may: block or restrict access by IP address, device, network or email domain; remove or disable access to offending Customer Content; decline to activate further Accounts for the same organisation or individuals; and/or take legal action. We will notify the Customer of any such measure where it is lawful and practicable to do so.
19.10 Survival. Clauses 8 (as to accrued payment obligations), 11, 13, 14, 15, 17, 18, 19.6–19.10, 25, 26 and Schedules 1 and 2, and any other provision intended to survive, shall survive termination.
20. Service availability and support
20.1 Availability target. We aim to make the Services available 99.5% of the time measured monthly, excluding scheduled maintenance, emergency maintenance, Preview Features, and downtime caused by factors outside our reasonable control (including third-party hosting or network failures, and the Customer’s own systems). This is a target, not a guarantee, unless a service-credit regime is agreed in an Order Form.
20.2 Scheduled maintenance. We will use reasonable efforts to carry out planned maintenance outside UK business hours and to give at least 48 hours’ notice via the Platform or email.
20.3 Support. Email support at support@nextgeninterviews.ai is included in all Plans and is available between 09:00 and 17:00 UK time on Business Days. We aim to acknowledge requests within one Business Day. On the Pro Plan and Enterprise Plans, we will additionally offer a telephone or video call, of up to fifteen (15) minutes, on request and at a time we schedule by agreement with the Customer; calls are provided within the support hours above and we do not commit to any particular time or period for scheduling them. The Plus Plan includes email support only. Telephone and video support may be withdrawn under clause 5.3; its withdrawal is not a Material Adverse Change. Priority support is available on Enterprise Plans.
20.4 Preview Features are excluded from this clause 20.
20.5 Backups and recovery. We back up Customer Content held in our live systems at least once every 24 hours and retain each backup for at least 30 days, encrypted and stored separately from the live systems. Our targets are to restore Customer Content from backup to a point no more than 24 hours before the loss (recovery point objective) and within 24 hours of confirming that restoration is required (recovery time objective). These are targets, not guarantees, unless otherwise agreed in an Order Form, and do not apply to Preview Features. Backups are retained for disaster recovery only and are not a means of recovering Customer Content that the Customer or its Authorised Users have deleted or amended through the Platform, which we will attempt to recover only where reasonably practicable and may charge for.
21. Security and data location
21.1 We will implement and maintain appropriate technical and organisational measures to protect Customer Content against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access, as further described in Schedule 1. These include, as a minimum: encryption of Customer Content in transit (TLS 1.2 or higher) and at rest; role-based access controls and least-privilege access for our personnel; logging and monitoring of access to production systems; segregation of each Customer’s data; backups in accordance with clause 20.5; and vulnerability management.
21.2 We do not currently hold any third-party security certification or attestation. Our security practices are designed with reference to recognised industry frameworks, and we intend to pursue Cyber Essentials, and in due course ISO 27001 and SOC 2, as the business grows. We will provide a summary of our security measures (Annex A to Schedule 1) on request and will inform Customers through the Account or our website when any certification or attestation is obtained.
21.3 Data location. Customer Content is hosted in the United Kingdom (AWS Europe (London) region). Sub-processors in other locations may process Customer Content as described in the sub-processor list under Schedule 1, subject to paragraph 5 of Schedule 1.
21.4 The Customer is responsible for the security of its own systems, credentials and Authorised Users, including enabling multi-factor authentication where offered, and for the security of any custom domain it connects.
21.5 Each party will notify the other without undue delay on becoming aware of a Security Incident affecting Customer Content, and Schedule 1 governs breach notification.
22. Third-party services and white-label
22.1 Infrastructure providers. The Services are hosted on, and make use of, cloud infrastructure, hosting and artificial-intelligence services provided by reputable third-party providers. Where those providers process Customer Personal Data they act as our sub-processors, are listed in the sub-processor list referred to in Schedule 1, and we remain responsible for their compliance with the data-protection obligations in Schedule 1 as set out in Schedule 1 paragraph 4. This does not make us liable for the availability or performance of their services: we are not liable for outages, degradation or failures of third-party services to the extent outside our reasonable control, but will use reasonable efforts to restore service. Clause 20 governs availability.
22.2 Payment processing. Payments are processed by a third-party payment provider. We do not store full card details. The Customer’s use of the payment provider is subject to that provider’s terms, and the Customer authorises the provider to charge its payment method as set out in clause 8.
22.3 Email delivery. Invitation, reminder and other Candidate communications sent through the Platform are sent via third-party email delivery infrastructure from our email domain (nextgeninterviews.ai), unless the Customer has enabled white-labelling and configured its own custom domain under clause 22.4, in which case they are sent from that custom domain. We do not guarantee delivery to any particular inbox, which depends on the recipient’s mail provider and filters. The Customer is responsible for the accuracy of Candidate email addresses and for the content of any customisable message fields.
22.4 White-label and custom domains. Where the Customer enables white-labelling: (a) the Customer is responsible for registering and maintaining its custom domain and for configuring the DNS records we specify; (b) we are not responsible for interruptions caused by the Customer’s DNS, domain registration or certificate configuration; (c) the Customer grants us a non-exclusive, royalty-free licence to use its name, logos, brand assets and (where configured) its custom domain solely to display them to its Candidates within the Services and in communications sent through the Services on the Customer’s behalf, as configured by the Customer; (d) the Customer warrants that it owns or is licensed to use those brand assets and that their use will not infringe third-party rights; and (e) the Customer must not represent that it owns or developed the underlying technology, and must not remove any legal notices (including the Candidate Terms, Candidate Privacy Notice and cookie information) that we are required to display to Candidates.
23. Complaints
23.1 Complaints about the Services may be raised with support@nextgeninterviews.ai or in writing to our registered office. We will acknowledge complaints within two (2) Business Days and aim to provide a substantive response within ten (10) Business Days.
23.2 Complaints or requests relating to personal data, including from Candidates, may be sent to privacy@nextgeninterviews.ai. Where the request relates to personal data for which the Customer is controller (or processor for its Client), we will refer it to the Customer in accordance with Schedule 1. If the Customer cannot be reached or has ceased to exist, Schedule 1 paragraph 3(j) applies.
24. Changes to these Terms
24.1 We may update these Terms from time to time. We will give at least thirty (30) days’ notice of material changes by email to the Account email and/or by notice within the Services (see clause 26.6(b)). Changes take effect on the stated date or, for annual Plans, at the next renewal, whichever is later, except that a change may take effect immediately on notice where it is (a) required by law or regulation, or (b) confined to the introduction of a new feature or Preview Feature and does not reduce the Customer’s existing rights. Each version of these Terms carries a version number and effective date, and prior versions are available on request.
24.2 If a change materially reduces the Customer’s rights, the Customer may terminate on written notice given within thirty (30) days after our notice of the change (whether the change takes effect before or after the end of that period) and will receive a pro-rata refund of prepaid Fees for the period after termination. Continued use after the end of that thirty-day period constitutes acceptance.
25. Governing law, jurisdiction and disputes
25.1 Governing law. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, are governed by the law of England and Wales.
25.2 Jurisdiction. Subject to clause 25.3 and Schedule 2, the courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim. We may nonetheless bring proceedings to recover unpaid Fees or to protect our intellectual property or Confidential Information in any court of competent jurisdiction in which the Customer is located or has assets.
25.3 Injunctive relief. The Customer acknowledges that any breach of clause 10 (Acceptable Use), clause 11 (Customer Content and Intellectual Property), clause 15 (Confidentiality) or any unauthorised use of the Platform may cause us irreparable harm for which damages would not be an adequate remedy. We are entitled to seek injunctive, interim or other equitable relief in any court of competent jurisdiction to prevent or restrain such breach, without the need to prove actual damage and, to the extent permitted by law, without posting a bond or other security. This clause applies notwithstanding any dispute-resolution procedure in these Terms, including Schedule 2.
25.4 Escalation before proceedings. Before commencing proceedings (other than for injunctive relief or recovery of unpaid Fees), a party must give the other written notice of the dispute, and the parties will attempt in good faith to resolve it through discussion between senior representatives with authority to settle. Proceedings may be commenced if the dispute is not resolved within thirty (30) days of the dispute notice. Nothing prevents the parties from agreeing to mediate at any time.
25.5 USA and Canada Customers. Where the Customer’s principal place of business is in the United States of America or Canada, Schedule 2 applies in place of clauses 25.2 and 25.4.
26. General
26.1 Entire agreement. These Terms, together with any Order Form, Schedule 1, Schedule 2 and any documents expressly referred to in them, constitute the entire agreement between the parties relating to the Services and supersede all prior agreements, representations and understandings. Each party acknowledges that it has not relied on any statement not set out in these documents. Nothing in this clause limits liability for fraud.
26.2 Order of precedence. If there is a conflict, the following order of precedence applies (highest first): (a) any signed master services agreement or enterprise agreement between the parties; (b) any Order Form, but only in respect of (i) commercial terms (Fees, term, Plan, usage limits, charging arrangements), (ii) any extension of the Permitted Purpose or Plan eligibility under clauses 6.5 and 8.2, and (iii) any other provision of these Terms or Schedule 1 that the Order Form expressly identifies by clause or paragraph number and states that it varies, in each case to the extent the Order Form expressly varies them; a general statement that an Order Form prevails over these Terms, or terms that merely differ from these Terms without identifying what they vary, do not have precedence under this paragraph; (c) Schedule 1, in respect of personal-data matters; (d) Schedule 2, in respect of dispute resolution for Customers to whom it applies; (e) these Terms; (f) any documents referred to in these Terms. Terms contained in a Customer purchase order or similar document are rejected and have no effect.
26.3 Publicity. Neither party will use the other’s name, logo or trade marks in any press release, customer list, case study, testimonial, website or other marketing material, or state or imply that the other endorses it, without the other’s prior written consent, which may be given for a specific use (including by email or Order Form) and withdrawn on reasonable written notice for future use. Nothing in this clause restricts the Customer’s use of its own brand within the Services under clause 22.4(c), or our use of our own marks under clause 11.5. We will not disclose Candidate information or Customer Confidential Information in any publicity.
26.4 Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including failure of third-party hosting, telecommunications or internet infrastructure, cyber-attack, epidemic, governmental action, or industrial action. If such an event continues for more than sixty (60) days either party may terminate on written notice and we will refund prepaid Fees for the unused period.
26.5 Assignment and subcontracting. The Customer may not assign or transfer these Terms without our prior written consent (not unreasonably withheld). We may assign these Terms to an Affiliate or to a successor in connection with a merger, acquisition or sale of assets, and may subcontract our obligations provided we remain responsible for our subcontractors.
26.6 Notices. (a) Any notice given under these Terms must be in writing and sent by email: to us at legal@nextgeninterviews.ai, and to the Customer at the Account owner’s email address. Notices are deemed received on the next Business Day after sending, absent a bounce message. (b) Notwithstanding (a), we may give notice of changes to these Terms (clause 24.1), changes to the Services (clause 5.3), scheduled maintenance (clause 20.2), changes to sub-processors (Schedule 1 paragraph 4) and other operational or service information by a prominent notice within the Platform, by email, or both; such a notice is deemed received when first displayed to an Authorised User on login or, if sent by email, under (a). (c) Notices of termination, breach, dispute (clause 25.4), a Fair Use Notice (clause 9.3), suspension for non-payment (clause 8.12) and any notice from the Customer to us must always be given by email under (a).
26.7 Severance. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions remain in full force.
26.8 Waiver. No failure or delay in exercising any right is a waiver of it.
26.9 Third-party rights. Except for persons expressly indemnified under clause 18, no one other than the parties has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term. The parties may vary or rescind these Terms without any third party’s consent.
26.10 Sanctions and export control. Each party warrants that it is not, and is not owned or controlled by, a person subject to sanctions administered by the UK, UN, EU or US, and the Customer will not use or permit access to the Services from any sanctioned territory or in breach of applicable export-control laws.
26.11 Anti-bribery and modern slavery. Each party will comply with the Bribery Act 2010, the Modern Slavery Act 2015 and equivalent applicable laws, and maintain appropriate policies to do so.
26.12 Relationship. Nothing in these Terms creates a partnership, joint venture or agency between the parties.
26.13 Variation. Except as provided in clause 24 (changes to these Terms by us), clause 5.3 (changes to the Services) and clause 8.1 (changes to Fees and Plans), no variation of these Terms is effective unless it is in writing and signed or electronically accepted by an authorised representative of each party, including by Order Form. Nothing said or written by our support, sales or other personnel varies these Terms unless set out in such a document. A variation by Order Form is effective only to the extent it satisfies clause 26.2(b)(iii).
27. Contact
Precise AI Limited (company no. 16512338), Level 1, Devonshire House, 1 Mayfair Place, London, W1J 8AJ, United Kingdom
Support and Export Window queries: support@nextgeninterviews.ai · Privacy, data protection and sub-processor requests: privacy@nextgeninterviews.ai · Legal notices: legal@nextgeninterviews.ai · Sales and Plan enquiries: sales@nextgeninterviews.ai · Enterprise Plans and custom terms: enterprise@nextgeninterviews.ai · Telephone: [number]
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