Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are a legal agreement between you and Vesta AI, a company registered in Puerto Rico ("Company," "we," "us," or "our"). By accessing or using https://www.vestainterviews.com (the "Service"), you agree to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

2. Description of Service

Vesta AI provides an AI-powered video and voice interview platform enabling employers to:

• Create job postings and interview links
• Conduct automated AI video and voice interviews
• Record candidate video, audio, and capture profile images during interviews
• Receive AI-generated assessments and recommendations
• Review and manage candidate data, including video recordings and images

We may modify or suspend the Service at any time without notice.

3. Video, Audio, and Biometric Data Collection

3.1 Data Collected During Interviews

When candidates participate in interviews through the Service, we collect:

• Video recordings of the entire interview session (webcam footage)
• Audio recordings of candidate responses
• Profile photographs automatically captured during the interview
• Transcriptions of spoken responses
• Voice characteristics (pitch, tone, cadence)
• Facial imagery and visual appearance

3.2 Biometric Data

The data collected may constitute "biometric data" or "biometric identifiers" under various state laws (including Illinois BIPA, Texas CUBI, and Washington state law). By using the Service, you acknowledge that:

• Voice recordings and voice characteristics are collected and stored
• Video recordings and facial imagery are collected and stored
• Profile photographs are captured and stored
• This data may be retained for at least 3 years and potentially indefinitely for AI training
• This data is shared with employers who use the Service

3.3 Employer Responsibilities for Biometric Data

As an employer using the Service, you are responsible for:

• Ensuring candidates are informed that video and audio will be recorded
• Obtaining any required consents under applicable biometric privacy laws
• Complying with Illinois BIPA, Texas CUBI, and other state biometric privacy laws
• Providing candidates with required notices and disclosures
• Handling candidate data in accordance with applicable privacy laws

3.4 Data Storage and Sharing

Video recordings, audio recordings, and profile images are:

• Stored securely on cloud infrastructure (AWS S3)
• Shared with employers who initiated the interview
• Used to generate AI-powered assessments and recommendations
• Potentially used to train and improve our AI models
• Retained for at least 3 years, and potentially indefinitely

4. User Accounts

You must provide accurate and complete information.

You're responsible for maintaining account security.

Notify us immediately of unauthorized use.

We may suspend or terminate your account at any time for violation of these Terms.

5. Acceptable Use

You agree not to:

• Violate laws or regulations (including biometric privacy laws)
• Infringe on IP rights
• Harass or harm others
• Upload malicious code
• Attempt to access unauthorized areas
• Scrape, copy, or reverse-engineer the Service
• Use the Service to discriminate against candidates
• Use candidate video, audio, or images for purposes other than hiring evaluation
• Share or distribute candidate recordings without authorization

6. Intellectual Property

All Service content and functionality belong to Vesta AI. You retain ownership of uploaded materials but grant us a worldwide, royalty-free, perpetual, irrevocable license to use them for providing and improving the Service, including:

• Processing and storing video, audio, and image data
• Generating AI assessments and recommendations
• Training and improving our AI models
• Creating anonymized or aggregated data for analytics

7. AI-Generated Assessments

AI assessments are recommendations only. You understand and agree that:

• Assessments are generated from video, audio, and text analysis
• Assessments may contain inaccuracies or bias
• Final hiring decisions remain your responsibility
• Human review is required before any employment action
• Vesta AI is not liable for hiring outcomes or compliance with employment laws

Fairness and Non-Discrimination

Vesta AI does not intentionally use protected characteristics (e.g., race, gender, age, disability, or national origin) in assessments. However, video and audio analysis may inadvertently correlate with protected characteristics. The Service provides recommendations for informational purposes only. Employers are solely responsible for ensuring compliance with all employment, labor, and anti-discrimination laws. Vesta AI shall not be liable for any employment decision made using the Service.

8. Payment Terms

Fees are due as described at purchase.

All fees are non-refundable unless stated otherwise.

We may change pricing with 30 days' notice.

Failure to pay may result in suspension.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR PURPOSE, AND NON-INFRINGEMENT.

AI Performance Disclaimer

Any statements about AI accuracy, efficiency, or predictive value are illustrative only. Actual performance varies by context and data quality. Vesta AI makes no guarantee that AI outputs will produce specific hiring or business outcomes.

Recording Quality Disclaimer

We do not guarantee the quality, completeness, or availability of video or audio recordings. Technical issues may affect recording quality or availability.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VESTA AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING:

• Loss of profits, data, or goodwill
• Hiring outcomes or reliance on AI assessments
• Service interruptions or unauthorized access
• Loss or corruption of video, audio, or image data
• Claims arising from biometric data collection or processing
• Third-party claims related to candidate data

OUR TOTAL LIABILITY SHALL NOT EXCEED $100 OR THE AMOUNT YOU PAID IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify and hold harmless Vesta AI from any claims or damages arising from:

• Your use of the Service
• Your hiring decisions
• Violation of laws or third-party rights
• Your failure to obtain required consents for biometric data collection
• Your failure to comply with biometric privacy laws (including BIPA, CUBI, etc.)
• Your misuse of candidate video, audio, or image data
• Claims by candidates related to their interview data

12. Data Retention and Deletion

We retain data as follows:

• Video Recordings: At least 3 years; may be retained indefinitely for AI training
• Audio Recordings: At least 3 years; may be retained indefinitely for AI training
• Profile Images: At least 3 years; may be retained indefinitely
• Transcriptions and Assessments: At least 3 years
• Account Data: Duration of account plus up to 7 years

Deletion requests may be submitted to privacy@vestainterviews.com. Note that we may retain certain data for legal compliance, AI training, and fraud prevention purposes even after deletion requests.

13. Dispute Resolution

13.1 Governing Law

Puerto Rico and U.S. Federal law.

13.2 Arbitration

All disputes resolved by binding arbitration under the American Arbitration Association.

13.3 Class Action Waiver

You waive the right to bring or join class actions.

14. Changes to Terms

We may update these Terms from time to time. Continued use after posting means you accept the updated Terms. Material changes to data collection practices will be communicated via email or prominent notice on the Service.

15. General Provisions

Entire Agreement: These Terms + Privacy Policy form the entire agreement.

Severability: If one part is invalid, the rest remains effective.

Assignment: You may not assign these Terms without consent.

Force Majeure: We are not liable for delays beyond our control.

16. Contact