Terms of Service
Terms of Service for Nova AI-powered hiring platform
1. Introduction
These Terms of Service ("Terms") govern your use of Nova, an AI-powered hiring platform provided by DWEET LTD ("Dweet," "we," "us," or "our"). By accessing or using Nova, you agree to be bound by these Terms.
Contracting Entity:
DWEET LTD
Company Number: 12281293
Registered Office: Aston House, Cornwall Avenue, London, England, N3 1LF
Contact: nova@dweet.com
2. Definitions
- "Nova" or "Service" means our AI-powered hiring platform and related services
- "Customer" or "you" means the organization using Nova
- "Users" means individuals authorized by Customer to access Nova
- "Candidate Data" means personal data about job candidates processed through Nova
- "ATS" means Applicant Tracking System
3. Acceptance of Terms
By creating an account, enabling Nova on any job posting, or otherwise using our Service, you represent that:
- You have authority to bind your organization to these Terms
- You agree to comply with all applicable laws and regulations
- Your use of Nova will comply with your organization's data protection obligations
4. Description of Nova Services
Nova provides AI-powered recruitment tools including:
4.1 Candidate Scoring & Ranking
- Automated evaluation of candidates against your specified criteria
- Resume analysis and evidence-based scoring (1-10 scale)
- Transparent reasoning with resume citations for all assessments
4.2 Talent Rediscovery (additional paid addon)
- Automated discovery of relevant past candidates for new roles
- Smart search capabilities with natural language queries
- Continuous background analysis of your talent database
4.3 AI-Powered Interview Questions
- Personalized interview questions tailored to each candidate
- Strategic evaluation guidance and follow-up suggestions
- Red flags and assessment frameworks
4.4 Analytics & Reporting
- Real-time candidate quality distribution analysis
- Sourcing effectiveness metrics
- Pipeline optimization insights
5. User Obligations and Acceptable Use
5.1 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Promptly notifying us of any unauthorized access
5.2 Prohibited Activities
You may not:
- Use Nova for any unlawful purpose or in violation of applicable employment laws
- Attempt to reverse engineer, decompile, or extract the underlying AI models
- Interfere with or disrupt the Service or servers
- Upload malicious code or attempt unauthorized access
- Use Nova to process data for purposes other than recruitment and hiring
5.3 Compliance with Employment Laws
You agree to:
- Comply with all applicable employment, discrimination, and data protection laws
- Use Nova's outputs as decision-support tools only, with human oversight
- Maintain final hiring authority with qualified human decision-makers
6. Fair Use and Application Processing Limits
6.1 Application Processing Limits
Nova implements fair use limits to ensure quality service:
- Paid Plans: 2,000 applications per job
- Custom Limits: Available for enterprise customers on request
6.2 Auto-Disable System
Jobs are automatically disabled when:
- After 30 days of enabling Nova on a job
- No applications processed for 30 days (inactivity threshold)
6.3 Fair Use Enforcement
- You may appeal auto-disable decisions by contacting nova@dweet.com
- Usage cap increases processed within 24 hours
- We reserve the right to suspend accounts for abuse or excessive usage
7. Billing, Payment, and Refunds
7.1 Billing Model
- Nova uses metered billing based on the number of jobs with Nova enabled
- Billing periods align with your plan's monthly billing cycle
- Real-time usage tracking available in your dashboard
7.2 Payment Terms
- Payment is due according to your billing cycle
- Late payments (7 days after due date) may result in service suspension
- You are responsible for all applicable taxes
7.3 Refunds and Credits
- No refunds for mid-period cancellations on monthly plans
- Prepaid annual plans receive prorated credits for early termination
- Disputed charges must be reported within 30 days of the charge
7.4 Cancellation Policy
7.4.1 How to Cancel
You may cancel your Nova subscription by:
- Using the self-service cancellation option in your account settings, or
- Contacting your account manager (for enterprise customers)
- Sending written notice to nova@dweet.com
7.4.2 Notice Period
Cancellations require advance notice equal to the length of your billing cycle:
- Monthly plans: 30 days' advance notice
- Quarterly plans: 90 days' advance notice
- Annual plans: 365 days' advance notice
- Enterprise plans: As specified in your contract
7.4.3 Effective Date
- Cancellation becomes effective at the end of the current billing period after the notice period
- Nova access continues until the effective cancellation date
- No partial refunds for the notice period
7.4.4 What Happens After Cancellation
Upon cancellation:
- All Nova jobs are automatically disabled
- You have 30 days to export your data before deletion
- Account reactivation is available within 90 days of cancellation
- No cancellation fees apply to standard plans
8. Data Ownership and Intellectual Property
8.1 Your Data
- You retain all rights to Candidate Data uploaded to Nova
- You grant us a limited license to process your data solely to provide the Service
- We do not use your data to train AI models or for any purpose other than providing Nova
8.2 Our Intellectual Property
- Dweet owns all rights to Nova's software, custom AI models, and platform technology
- AI-generated assessments and scores become part of your data upon creation
- Our underlying algorithms, prompts, and model architectures remain our property
8.3 Feedback and Suggestions
- You may provide feedback through Nova's feedback system
- Feedback is used solely for internal evaluation and manual improvement of our models
- We do not train AI models on customer feedback
- Feedback does not grant you any intellectual property rights in our improvements
9. Third-Party Services and ATS Integrations
9.1 ATS Integration
- Nova integrates with various ATS platforms as listed in our documentation
- You must comply with your ATS provider's terms of service
- We are not responsible for ATS platform availability or functionality
9.2 Third-Party Services
- Nova may use third-party services as detailed in our Sub-Processors list
- We select sub-processors based on security and privacy standards
- Changes to sub-processors will be communicated with 15 days' notice
10. AI System Disclosures and EU AI Act Compliance
10.1 AI System Classification
Nova is classified as a high-risk AI system under EU AI Act Annex III §4(a) for employment and worker management purposes.
10.2 Human Oversight Requirements
- Nova provides decision-support only; humans must make final hiring decisions
- You maintain full control over hiring criteria and final candidate selection
- Override capabilities are available at all times
10.3 Transparency and Bias Mitigation
- All scores include transparent reasoning and resume citations
- We conduct quarterly bias audits across demographic groups
- Live bias evaluation results available at: https://nova.dweet.com/bias-evaluation
10.4 Compliance Timeline
- Conformity assessment completed under Annex VI (internal control)
- Annex VII third-party assessment target: Q4 2025
- CE marking and EU registration upon completion of harmonized standards
11. Data Protection and Privacy
Processing of personal data is governed by our Privacy Policy and the Data Processing Addendum (Schedule 1 below), which form an integral part of these Terms.
12. Service Availability and Support
12.1 Service Level
- We provide Nova on a "best efforts" basis
- Planned maintenance will be communicated in advance where possible
- Emergency maintenance may occur without prior notice
12.2 Support
- Support is provided via nova@dweet.com on a best-effort basis
- We aim to respond to support requests promptly during business hours
- Critical security issues will be prioritized
13. Warranties and Disclaimers
13.1 Mutual Warranties
Each party warrants that:
- It has the authority to enter into these Terms
- Its performance will not violate any applicable laws
- It will comply with all applicable data protection requirements
13.2 Disclaimer
EXCEPT AS EXPRESSLY SET FORTH HEREIN, NOVA IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14. Limitation of Liability
14.1 Liability Cap
Except for breaches of confidentiality or data protection obligations, each party's total liability shall not exceed the greater of: (a) all fees paid or payable by Customer in the 12 months preceding the claim, or (b) £10,000.
14.2 Consequential Damages
Neither party shall be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, even if advised of their possibility.
14.3 Essential Purpose
These limitations apply even if any limited remedy fails of its essential purpose.
15. Indemnification
15.1 Customer Indemnification
You will indemnify us against claims arising from:
- Your use of Nova in violation of these Terms or applicable law
- Your violation of third-party rights through use of Nova
- Your processing of Candidate Data in violation of data protection laws
15.2 Our Indemnification
We will indemnify you against third-party claims that Nova infringes a patent, copyright, or trademark, provided you notify us promptly and allow us to control the defense.
16. Termination and Data Retention
16.1 Termination Rights
Either party may terminate these Terms:
- For convenience with advance notice as specified in Section 7.4 (Cancellation Policy)
- Immediately for material breach if not cured within 15 days of notice
- Immediately if the other party becomes insolvent
16.2 Effect of Termination
Upon termination:
- Your access to Nova will be suspended
- You have 30 days to export your data
- We will delete your data within 90 days, except as required for legal compliance
16.3 Survival
Sections relating to data protection, intellectual property, limitation of liability, and indemnification survive termination.
17. Security and Incident Response
17.1 Security Measures
We implement industry-standard security measures including:
- Encryption in transit and at rest
- Regular security assessments and monitoring
- Access controls and authentication measures
- ISO 27001-aligned security framework
17.2 Data Breach Notification
We will notify you of any data breach affecting your data within 48 hours of becoming aware of the incident, including:
- Description of the incident and data affected
- Likely consequences and mitigation measures taken
- Contact information for further inquiries
18. Governing Law and Disputes
18.1 Governing Law
These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.
18.2 Jurisdiction
Any disputes will be resolved exclusively in the courts of England and Wales. Both parties consent to the personal jurisdiction of such courts.
18.3 No Class Actions
Any disputes must be resolved on an individual basis and not as part of a class action.
19. Changes to Terms
19.1 Modification Process
We may modify these Terms by:
- Providing 30 days' written notice via email or platform notification
- Posting updated Terms with a new effective date
- Continuing to use Nova after the effective date constitutes acceptance
19.2 Material Changes
For material changes affecting data processing or security, we will:
- Provide additional notice and explanation
- Offer the opportunity to terminate before changes take effect
- Maintain previous terms for existing data processing until you accept changes
20. General Provisions
20.1 Entire Agreement
These Terms, together with the Privacy Policy and DPA, constitute the entire agreement between the parties.
20.2 Severability
If any provision is found invalid or unenforceable, the remainder of these Terms will remain in effect.
20.3 Assignment
We may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign these Terms without our written consent.
20.4 Force Majeure
Neither party is liable for delays or failures due to circumstances beyond their reasonable control.
21. Contact Information
For questions about these Terms, contact us at:
General Inquiries: nova@dweet.com
Data Protection Officer: andreas@dweet.com
Legal: legal@dweet.com
Schedule 1: Data Processing Addendum
This Data Processing Addendum ("DPA") forms part of the Terms of Service between DWEET LTD ("Processor") and Customer ("Controller") and governs the processing of Personal Data in connection with Nova.
1. Definitions
For this DPA, the following definitions apply:
- "Personal Data" has the meaning set out in the GDPR
- "GDPR" means Regulation (EU) 2016/679
- "UK GDPR" means the GDPR as incorporated into UK law
- "Data Subject" means an identified or identifiable natural person
2. Processing Details
Categories of Data Subjects: Job candidates, employees of Customer
Categories of Personal Data: Resume/CV data, contact information, employment history, education, skills, assessment results
Purpose of Processing: Candidate evaluation, scoring, interview question generation, talent rediscovery
Retention Period: Duration of agreement plus 30 days, except audit logs (7 years)
3. Processor Obligations
We will:
- Process Personal Data only on documented instructions from you
- Ensure personnel are bound by confidentiality
- Implement appropriate technical and organizational measures
- Assist with data subject rights requests
- Notify you of data breaches within 48 hours
- Delete or return Personal Data upon termination
4. Sub-Processors
We may engage sub-processors as listed in our Sub-Processors page. We will:
- Provide 15 days' notice of changes
- Ensure sub-processors provide adequate guarantees
- Remain fully liable for sub-processor performance
5. International Transfers
Personal Data may be transferred outside the UK/EEA to sub-processors with adequate protection:
- Standard Contractual Clauses (SCCs) for EEA transfers
- UK International Data Transfer Addendum (IDTA) for UK transfers
- Transfer mechanisms detailed in our Sub-Processors page
6. Data Subject Rights
We will assist you in responding to data subject requests by:
- Providing access to Personal Data in our systems
- Implementing technical measures to support rights exercise
- Cooperating with your response obligations
7. Security Measures
Technical and organizational measures include:
- Encryption of Personal Data in transit and at rest
- Regular security testing and monitoring
- Access controls and authentication
- Staff training and confidentiality agreements
This DPA is deemed executed upon your acceptance of the Terms of Service.
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