These Terms of Service ("Terms") govern your access to and use of the Infyva platform available at infyva.ai (the "Service"), operated by Infyva LLC ("Infyva", "we", "us", or "our"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy.
If you do not agree to these Terms, do not access or use the Service. You must be at least 18 years of age to use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Infyva is an AI-powered interview assessment platform that provides the following capabilities:
Infyva is solely a platform provider. We provide technology tools to facilitate the interview and assessment process. We do not participate in interview selection, hiring decisions, or employment determinations. All hiring decisions are the sole responsibility of the recruiting organization or employer.
To use the Service, you must register for an account using accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You must immediately notify us at support@infyva.ai if you become aware of any unauthorized use of your account. We are not liable for losses arising from unauthorized access to your account where you have failed to maintain account security.
The Service operates on a credit-based system with subscription plans. Each plan includes a specified number of interview credits and access to certain features. Details of available plans and pricing are displayed on our pricing page. We reserve the right to modify pricing with 30 days' advance notice to existing subscribers.
Payments are processed securely through Stripe, Inc. By providing payment information, you authorize us to charge the applicable fees. All fees are stated in the currency displayed at checkout and are non-refundable except as described in Section 4.3. We do not store your full credit card details on our servers.
We offer refunds for unused credits within 14 days of purchase if no interviews have been conducted under the subscription. Once an interview has been completed using purchased credits, the associated credits are considered consumed and are not eligible for refund. To request a refund, contact support@infyva.ai.
Subscriptions with auto-renewal enabled will automatically renew at the end of each billing period at the then-current rate unless cancelled before the renewal date. You can manage auto-renewal settings from your account dashboard or by contacting support.
When taking an assessment on the Service, you agree to:
By participating in an assessment, you provide explicit consent to the recording and processing of your audio responses for the purpose of transcription, AI evaluation, and report generation. Your voice recordings may constitute biometric data under applicable laws (such as the Illinois Biometric Information Privacy Act). By proceeding with an assessment, you acknowledge and consent to the collection and processing of this data as described in our Privacy Policy.
You have the right to refuse audio recording; however, the Service requires audio input to function and you will be unable to complete an assessment without providing audio responses.
If webcam proctoring is enabled for an assessment, you consent to the capture and processing of video frames during the assessment period. Video data is used solely for identity verification and assessment integrity purposes. You will be notified before your webcam is activated and may decline, though this may affect your ability to complete proctored assessments.
Assessment results, scores, and reports generated by the Service are produced by AI analysis and are intended solely as decision-support tools for recruiters. They do not constitute a guarantee of employment, a promise of any particular outcome, or an employer's commitment to hire. You acknowledge that AI-generated evaluations may contain inaccuracies and are not a substitute for human judgment.
Recruiters and organizations using the Service agree to:
When a recruiting organization invites candidates to take assessments, the organization acts as the data controller for that candidate's personal data collected through the assessment. Infyva acts as a data processor on behalf of the organization. The organization is responsible for:
By using the Service, recruiters and organizations represent and warrant that they will not use AI-generated scores, reports, or assessments to unlawfully discriminate against any candidate. You acknowledge that AI systems may produce outputs that reflect biases, and you accept responsibility for reviewing AI outputs critically and ensuring that your hiring practices comply with all applicable anti-discrimination and equal opportunity laws, including but not limited to Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and equivalent state and international laws.
Recruiters and organizations are solely responsible for complying with all applicable AI-in-hiring regulations in their jurisdiction, including but not limited to:
Where applicable law requires it, recruiters must conduct independent bias audits, provide candidates with alternative (non-AI) assessment options, or take other compliance steps. Infyva may provide documentation to assist with compliance upon request, but compliance remains the recruiter's or organization's responsibility.
The Service uses artificial intelligence to generate interview questions, transcribe audio responses, evaluate answers, screen resumes, and produce assessment reports and scores. All AI-generated outputs — including scores, rankings, evaluations, feedback, and reports — are decision-support tools only. They are not determinative of hiring outcomes and should not be treated as the sole basis for any employment decision.
AI outputs are not guaranteed to be accurate, complete, unbiased, or free from error. They reflect probabilistic assessments based on the data and models available at the time of processing.
Infyva does not make hiring decisions on behalf of any party. We do not guarantee hiring outcomes, candidate suitability, or employment decisions. Recruiters and organizations bear sole responsibility for all employment decisions made using information provided by the Service. The Service is designed to augment, not replace, human judgment in the hiring process.
We do not use identifiable candidate data or identifiable customer data to train or fine-tune general-purpose AI models. Only aggregated, de-identified, and anonymized data may be used for product improvement, benchmarking, and research purposes. Individual interview responses, recordings, or personal information are never used as training data for AI models.
The Service uses OpenAI's technology for certain AI functions, including question generation, speech-to-text transcription, text-to-speech audio generation, and response evaluation. Data sent to OpenAI is governed by our Data Processing Agreement with OpenAI and their enterprise API data usage policies. Under OpenAI's API terms, data submitted through the API is not used to train or improve OpenAI's models. For details on how OpenAI handles data, refer to OpenAI's privacy and data usage policies.
Infyva does not use AI to analyze, detect, or infer emotions, psychological states, facial expressions, or sentiment from audio, video, or any other input. Our AI evaluates the verbal content, relevance, technical accuracy, and completeness of responses only. This is in compliance with the EU AI Act's prohibition on emotion recognition in workplace and recruitment contexts.
Candidates may request human review of any AI-generated assessment result by contacting us at support@infyva.ai. We will review the assessment and, where appropriate, provide clarification or correction. Recruiters are encouraged to exercise human judgment when reviewing AI-generated reports and not to rely solely on automated scores.
You retain ownership of all data you provide to the Service, including resumes, interview responses, audio recordings, and profile information. By using the Service, you grant Infyva a limited, non-exclusive license to process, store, and analyze your data solely for the purpose of providing, maintaining, and improving the Service.
We process your data only as necessary to deliver the Service and as described in our Privacy Policy. We do not sell, rent, or trade personal data. We do not use personal data for purposes unrelated to the Service without your explicit consent.
Enterprise customers and organizations that require a formal Data Processing Agreement (DPA) in accordance with GDPR, CCPA, or other applicable data protection regulations may request one by contacting legal@infyva.ai. The DPA will govern the processing of personal data on behalf of the organization and supplements these Terms.
Users may request an export of their personal data in a commonly used, machine-readable format (such as JSON or CSV) by contacting privacy@infyva.ai. We will fulfill export requests within 30 days.
Upon account deletion or termination, we will delete your personal data within 30 days, except where retention is required by law (such as financial records) or where data has been shared with a recruiting organization that retains independent access as a data controller. You may request a data export during the 30-day period following termination.
The Service, including its AI models, algorithms, software, interface designs, documentation, and branding, is owned by Infyva and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service in accordance with these Terms.
You retain ownership of content you create and upload, including resumes and interview responses. By using the Service, you grant us a limited, non-exclusive, non-transferable license to process, store, and analyze your content for the purpose of providing the Service. This license terminates when you delete your account or request data deletion.
If you provide suggestions, feedback, or ideas about the Service, we may use them without obligation or compensation to you, provided such feedback does not include your personal data.
You may not:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
We do not warrant or guarantee that:
You acknowledge that AI technology has inherent limitations and that human oversight is essential when using AI-generated assessments for employment-related decisions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INFYVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATIONS SHALL NOT APPLY TO LIABILITY ARISING FROM: (a) FRAUD OR FRAUDULENT MISREPRESENTATION; (b) WILLFUL MISCONDUCT OR GROSS NEGLIGENCE; OR (c) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Infyva, its officers, directors, employees, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
Infyva will indemnify, defend, and hold harmless you from and against any third-party claims that the Service, as provided by Infyva and used in accordance with these Terms, infringes a third party's intellectual property rights, provided you promptly notify us of the claim and cooperate in its defense.
You may close your account at any time through the account settings or by contacting support@infyva.ai. We may suspend or terminate your access to the Service if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or for any other reason with 30 days' prior written notice (except in cases of material breach, fraud, or illegal activity, where immediate termination may occur).
Upon termination: (a) your right to use the Service ceases immediately; (b) you may request a data export within 30 days of termination; (c) we will delete your personal data within 30 days, except where legally required to retain it. Provisions that by their nature should survive termination — including intellectual property rights, disclaimer of warranties, limitation of liability, indemnification, and dispute resolution — will continue to apply.
Each party is responsible for compliance with all laws, regulations, and rules applicable to it in its jurisdiction. Without limiting the foregoing:
If a dispute arises between you and Infyva, we encourage you to contact us first at legal@infyva.ai to seek resolution. The parties shall attempt to resolve any dispute informally for at least thirty (30) days before initiating formal proceedings.
These Terms and any disputes arising from or related to them or the Service shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.
Any disputes that cannot be resolved informally shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Wyoming, and you consent to personal jurisdiction in those courts.
To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this class action waiver is found to be unenforceable, then the entirety of this dispute resolution section shall be null and void.
We may modify these Terms from time to time. When we make material changes, we will notify registered users by email at least 30 days before the changes take effect. The updated Terms will be posted on this page with a revised "Last updated" date. Your continued use of the Service after the effective date of changes constitutes acceptance of the revised Terms. If you do not agree with the changes, you must stop using the Service and close your account before the changes take effect.
Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by events beyond that party's reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemics, government actions or orders, widespread internet or infrastructure failures, labor disputes, or third-party service provider outages. The affected party must promptly notify the other party and use reasonable efforts to mitigate the impact.
If you have questions about these Terms of Service, please contact us: