Terms of Service

Last updated: 2025-11-16

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"). Nova is a software-as-a-service product owned and operated by DWEET LTD (together with its related features, the "Services"). By accessing or using Nova, you agree to these Terms.

If you enter into an enterprise Master Services Agreement ("MSA") or Order Form with us, that MSA or Order Form will control to the extent it conflicts with these Terms.

If you use Nova on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" refers to that organisation.

By clicking "I accept", creating an account, or otherwise accessing or using the Services, you agree to be bound by these Terms.

Your use of Nova is also subject to our Privacy Policy, Data Processing Agreement and AI Terms, which are incorporated into these Terms by reference. If these Terms conflict with the DPA on personal data processing topics, the DPA controls for those topics. If these Terms or the MSA conflict with the AI Terms on AI Features, the AI Terms control for those topics.

Contact: privacy@dweet.com

2. Contracting Entity

DWEET LTD Company Number: 12281293 Registered Office: Aston House, Cornwall Avenue, London, England, N3 1LF

3. Access and Use

We grant you a limited, non-exclusive, non-transferable right to access and use Nova for recruitment purposes within your organisation, subject to these Terms.
You are responsible for your users' compliance with these Terms.

4. Accounts

You must keep your account credentials confidential and up to date.
You must notify us promptly of any unauthorised access or suspected compromise.
We may require identity verification for account changes and password resets.
You must be at least 18 years old to use the Services and have the legal capacity to enter into these Terms.
If the domain of your account email is owned by an organisation (for example your employer), we may identify your account to that organisation and, where appropriate, restrict, transfer, or terminate access to protect the organisation's rights.
We may temporarily suspend or restrict access to the Services to protect security, prevent abuse, or comply with law.

5. Acceptable Use

You agree not to:

misuse Nova in violation of law;
probe, scan, or attempt to breach Nova security;
interfere with or disrupt Nova;
upload malicious code;
process data unrelated to recruitment;
attempt to extract or copy proprietary model prompts, weights, or source code;
access the Services through automated or non-human means (for example bots or scrapers) except as expressly permitted via an API we provide;
submit or process regulated industry data that Nova is not designed to process (for example HIPAA or PHI);
use the Services to unlawfully discriminate or to target or exclude protected classes under applicable employment and anti-discrimination laws.

You will comply with applicable export control and sanctions laws.

6. AI Features and Output

Nova includes optional AI-based features ("AI Features"). By enabling or using any AI Features, you also agree to our AI Terms, which are incorporated by reference into these Terms and the Agreement.
AI Features generate scores, summaries, suggestions and other outputs ("AI Output"). AI Output is generated automatically and may be incorrect, incomplete, or not fit for your specific context. The Services and AI Features provide decision support only. You remain solely responsible for hiring and employment decisions and for ensuring that your use of the Services complies with employment, anti-discrimination and other applicable laws, including any requirements for human review and candidate notices where you rely on automated tools.

7. Data Protection

Processing of personal data is governed by our Data Processing Agreement ("DPA"), which is incorporated by reference. If these Terms conflict with the DPA on personal data processing topics, the DPA controls for those topics. In all other respects, these Terms control.
Purpose and scope: We process customer personal data solely to provide Nova for internal hiring and talent workflows within your organisation.
Restrictions: We do not sell or share customer personal data; we do not process it for cross-context behavioural advertising; we do not use it outside the direct business relationship. We do not use customer personal data itself to train general models. We may use de-identified or aggregated data for analytics, benchmarking, and to improve the Service, including to train and evaluate models used to provide the Service and other general models, as further described in the DPA and AI Terms.
Our Privacy Policy explains how we handle personal data where we act as a controller, such as customer account data and platform usage data.

8. Sub-processors and International Transfers

Our current sub-processors and transfer safeguards are listed on our Sub-processors page. We provide at least 7 days notice of material changes.
Where required, EU Standard Contractual Clauses and the UK IDTA apply (see DPA Annex IV).

9. Security and Incident Response

We implement industry-standard technical and organisational security measures, including encryption in transit and at rest, access controls, and monitoring.
As part of operating and securing the Services we collect application and infrastructure logs and telemetry. These may include personal data where reasonably necessary for troubleshooting, security, and service quality. We protect such logs with encryption, access controls, and defined retention periods and do not use them for any purpose other than operating, securing, and improving the Services.
Personal data breach notifications are governed by the DPA.

10. Service Changes and Beta Features

We may improve or modify Nova over time, including adding or removing features.
Beta or preview features may be provided as is and may change or be withdrawn at any time.

11. Fees and Payment (if applicable)

Fees and payment terms (if any) are shown at purchase or in your Order Form.
Billing methods: some subscriptions are billed automatically by card; others are invoiced and payable within the stated terms (default net 30 days).
Invoices: amounts not disputed in good faith within 15 days of invoice are deemed accepted. Late amounts may accrue interest at 1.5 percent per month or the maximum allowed by law, whichever is lower.
Taxes: fees are exclusive of taxes. You are responsible for applicable taxes except those based on our income.
Subscriptions may auto-renew (monthly or annually) unless cancelled before the renewal date. You can cancel renewal in the account settings or by contacting us.
We may change fees prospectively with reasonable notice.
If a payment is more than 15 days late, we may suspend the Services after notice.

12. Intellectual Property

You retain rights to your data. We and our licensors retain all rights in the Services, models, prompts, and documentation.
We grant you a licence to use outputs generated for you to the extent permitted by law; underlying methods, prompts, and model architectures remain ours or our licensors.
We may identify you as a customer (name and logo) in our customer lists and marketing materials; you can opt out by contacting support.

13. Term and Termination

Term. These Terms apply from the date you first accept them and continue until your subscription or access to the Services ends.
Your termination rights. You may stop using the Services at any time. If you have a paid subscription, you may terminate for convenience at the end of the then current subscription term by turning off auto-renewal in the account settings or by giving us notice before renewal.
Termination for material breach. Either party may terminate the Agreement (in whole or in part) for material breach by the other party that remains uncured 30 days after written notice describing the breach. For breaches that cannot reasonably be cured, termination may be immediate.
Our suspension and termination rights. We may suspend or limit the Services immediately if we reasonably believe this is needed to address security risks, prevent abuse, or comply with law. We will restore access when the issue is resolved. We may terminate the Agreement where: (a) we cease offering the Services generally; or (b) you materially breach the Agreement (including failure to pay fees) and do not cure within the applicable notice period.
Effect of termination. Upon termination, your right to use the Services ends, and you must stop accessing the Services. Data export and deletion are governed by the DPA.
Refunds. If you terminate the Agreement due to our uncured material breach, or because you do not agree to a change to these Terms that materially reduces your rights and you stop using the Services before the effective date of the change, we will refund any prepaid fees for the unused portion of the applicable subscription term after the effective date of termination. In all other cases, fees are non-refundable except where required by law.

14. Warranties and Disclaimers

Except as expressly set out in writing, Nova is provided "as is" without warranties of any kind.
We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the maximum extent permitted by law.

15. IP Indemnity

We will defend you against any third-party claim alleging that the Services, when used by you as permitted under these Terms, infringe a patent, copyright, or trademark, and will pay amounts finally awarded by a court or agreed in settlement that are attributable to the claim. If a claim arises, we may procure the right for you to continue using the Services, replace or modify the Services so they are non-infringing, or terminate the affected Services and refund prepaid fees for the remaining term. This indemnity does not apply to claims based on your data or specifications, combinations with items not provided by us, or your non-compliant use. This section states your exclusive remedy for IP infringement claims. All amounts are subject to the limitation of liability in Section 16.

Conditions: Your indemnity rights are conditioned on you promptly notifying us in writing of the claim, granting us sole control of the defence and settlement, and reasonably cooperating at our expense. We will not settle any claim that imposes a non-monetary obligation on you without your consent (not to be unreasonably withheld).

16. Limitation of Liability

Aggregate cap. To the maximum extent permitted by law, each party's total aggregate liability arising out of or related to the Agreement (including these Terms, the DPA, and any Order Forms) will not exceed the amounts paid or payable by you to us for the Services in the 12 months immediately preceding the event giving rise to liability.
Excluded damages. In no event will either party be liable for any indirect, incidental, special, consequential, exemplary, punitive, or similar damages, or any loss of profits, revenues, goodwill, data, or business interruption, even if advised of the possibility or if a remedy fails of its essential purpose.
Non-excluded matters. The foregoing limits do not apply to liability that cannot be excluded or limited under applicable law (including fraud or fraudulent misrepresentation, and death or personal injury caused by negligence).
Aggregate and allocation. The cap above is an aggregate cap for all claims and will not be increased by multiple claims or theories. Any liabilities under the DPA are subject to the same cap and exclusions; the DPA does not increase either party's liability beyond these Terms.
Enterprise customers. Enterprise customers may agree different liability caps or structures in their Order Form or MSA, which will apply in place of the cap in this Section 16 to the extent of conflict.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.

18. Changes to these Terms

We may modify these Terms. For changes that materially reduce your rights or increase your obligations, we will provide at least 30 days advance notice by email to the account owner or in-product notice and will state the effective date. If you do not agree, you may stop using the Services before the effective date. Continued use after the effective date constitutes acceptance of the updated Terms. Updates required by law or for security may take effect sooner, and we will notify you as soon as reasonably practicable.

19. Miscellaneous

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full effect.
Force majeure. Neither party is liable for delays or failures due to causes beyond its reasonable control.
No waiver. Failure to enforce any provision does not waive our right to enforce it later.
Entire agreement. These Terms, the DPA, and any Order Forms constitute the entire agreement and supersede prior agreements regarding the Services.
Order of precedence. In case of conflict: Order Form (highest) then MSA (if applicable) then DPA (for personal data processing topics) then these Terms then Documentation.
Notices. Legal notices must be sent to the addresses in Section 20 and will be deemed received when delivered by email or three business days after mailing.
Survival. Sections 7, 12, 14, 15, 16, 17, 19, and 21 survive termination.

20. Contact

General enquiries: nova@dweet.com
Data and security protection: privacy@dweet.com

21. Electronic Communications and Signatures

By using the Services, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.