Terms of Service

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.

Terms of Service

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