Terms of Use

Privacy Policy

The Company respects the privacy of its Customers. Please refer to the Company’s Privacy Policy (asendia.ai/privacy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Platform, you signify your agreement to this Privacy Policy and consent to the processing of your personal information in accordance with its terms.

Platform Features and Content

Our Platform may provide informational and educational content. All content on the Platform is for informational and educational purposes only, is general in nature, and under no circumstance does the content on our Platform undertake to give advice for your particular situation. The content on our Platform is not meant to be relied upon by Platform visitors in reliance on making any decisions. You acknowledge that you are participating voluntarily in using our Platform or in any of our e-mails, programs, Services, and/or products. In the event that you use the information provided through our Platform, e-mails, programs, Services, and/or products, we assume no responsibility.

There is no guarantee that you will experience specific results from any of our Platform and you accept the risk that results differ by individual.

No Guarantee of Successful Job Placement

Our Platform allows recruiters to post job listings and access applicant data, including but not limited to CVs, video recordings of AI interviews, interview summaries, skill assessments, and other evaluation metrics. You acknowledge and agree that this data is provided for informational purposes only and does not guarantee successful placements or hiring outcomes. All hiring and employment decisions based on assessments, interviews, or scores are made solely by the Customer.

The Customer acknowledges that the Company does not make hiring or employment decisions and agrees to comply with all applicable employment, anti-discrimination, and AI-specific laws. The Customer agrees to hold the Company harmless from any claims, liabilities, or disputes arising from use of the Services in employment decisions.

Disclaimer on Third-Party Tools, and Data Handling

To deliver the Services, the Company may integrate with or rely upon third-party technologies and service providers, including but not limited to AI-powered tools, cloud infrastructure platforms, and data analytics services. These third-party technologies may be used to process personal data on behalf of the Customer, such as conducting AI interviews, scoring responses, generating assessments, or hosting interview recordings.

The Company shall use commercially reasonable efforts to select third-party providers that maintain industry-standard data protection and security measures. However, the Customer expressly acknowledges and agrees that: (i) the Company does not control such third-party services; (ii) the Company makes no representation or warranty regarding the availability, accuracy, legality, or uninterrupted operation of such third-party technologies; and (iii) any disruption, downtime, or fault caused by such services shall not constitute a breach of these Terms.

The Customer acknowledges that no technology system can guarantee absolute data security, accuracy, or compliance in all jurisdictions. It is the Customer’s sole responsibility to ensure that its use of the Services—including submission of any personal or sensitive data—complies with all applicable data protection, privacy, employment, and anti-discrimination laws.

The Company acts strictly as a data processor on behalf of the Customer. All user data processed through the Services—including but not limited to interview content, recordings, transcripts, and assessment results—is processed only on instruction from the Customer. The Customer retains full responsibility and liability for all data handling, use, and compliance decisions after such data is returned. The Company does not assume data controller responsibility for any user data under applicable laws.

Use of Applicant Data

By posting a job listing or conducting interviews via the Platform, the Customer and its Authorized Users may access personal data submitted by or generated in relation to job applicants (“Candidate Data”). This includes, without limitation, resumes, video or audio recordings, interview responses, assessment scores, evaluation metrics, and metadata. Candidate Data is considered confidential and shall only be used by the Customer for the legitimate purpose of evaluating candidates in connection with job opportunities it offers.

The Customer agrees to handle all Candidate Data in compliance with applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (EU) and any other relevant local or international laws. The Customer is solely responsible for ensuring a lawful basis for any processing, storage, or transfer of Candidate Data outside of the Platform.

Communication with Candidates

Asendia AI facilitates the collection, scoring, and assessment of Candidate Data but does not offer functionality for direct communication between Customers and candidates within the Platform. All communications with candidates—including interview scheduling, follow-ups, feedback, or employment offers—must be conducted independently by the Customer using its own systems, tools, or third-party services.

The Customer is solely responsible for ensuring that any such communications are carried out in accordance with all applicable local, state, federal, and international laws, including but not limited to data protection, employment, and anti-discrimination regulations (such as GDPR, CCPA, or EEOC guidelines). The Company expressly disclaims any liability arising out of or related to the Customer’s communications with candidates. This includes, without limitation, any claims related to privacy violations, discriminatory practices, misrepresentations, or employment decisions made as a result of such communications.

Non-Discrimination and Compliance with Employment Laws

You agree to use the Platform in full compliance with all applicable laws, including but not limited to employment, anti-discrimination, and equal opportunity laws. You acknowledge that Asendia AI is not responsible for any hiring decisions, discrimination, or other legal liabilities arising from the use of the Platform. By using the Platform, you agree to hold Asendia AI harmless from any claims, damages, or liabilities arising out of your use of the Platform, including but not limited to any violation of employment discrimination laws, wrongful hiring practices, or candidate treatment. Accordingly, Customer assumes full responsibility for any outcomes arising from its use of the Platform and agrees to indemnify, defend, and hold harmless Asendia AI, its officers, directors, employees, and affiliates from any claims, damages, penalties, or liabilities—including legal fees—arising out of or related to: (i) Customer’s hiring practices; (ii) any violation of employment or anti-discrimination laws; or (iii) any alleged unfair treatment of candidates or employees.

Use of Data for Service Improvement

Customer acknowledges and agrees that Asendia AI may process aggregated, anonymized, or de-identified data derived from usage of the Platform—including user behavior patterns, system interactions, and performance metrics—for the limited purposes of improving service performance, enhancing features, and training internal AI models.

Under no circumstances will personally identifiable information (PII) or candidate-specific data (such as names, resumes, interview responses, or recordings) be used for training models unless: (i) such use is expressly permitted by Customer in writing; and (ii) appropriate data subject consent has been lawfully obtained, where required by applicable law.

Hold Harmless Agreement

Customer agrees to indemnify, defend, and hold harmless Asendia AI, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising out of or related to: (i) Customer’s use or misuse of the Platform, (ii) any hiring decisions, employment practices, or candidate evaluations made by Customer, (iii) the collection, processing, or handling of applicant data, including but not limited to video recordings, resumes, interview responses, or assessment results, and (iv) any actual or alleged violation of applicable employment, privacy, anti-discrimination, or data protection laws.

Customer acknowledges and accepts full legal responsibility for any consequences, disputes, or liabilities resulting from its use of the Platform and associated applicant data. Asendia AI acts solely as a technology provider and assumes no liability for Customer’s internal practices or compliance obligations.

Accounts

Account Creation

In order to use certain features of the Platform, an account will be created for you by Asendia AI (“your Account”), and login credentials will be provided to your designated representative. You represent and warrant that: (a) any additional registration information you provide is truthful and accurate; and (b) you will maintain the accuracy of such information throughout your use of the Platform. You may request deletion of your Account at any time by contacting us. We may suspend or terminate your Account in accordance with the Term and Termination section.

Account Responsibilities

You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities conducted through your account, whether by you or any third party. You may not share, sublicense, or provide access to your account or the Platform to any other party without the prior written consent of Asendia AI. You agree to notify Asendia AI immediately of any actual or suspected unauthorized use or breach of your account. Asendia AI shall not be liable for any loss, damage, or liability arising from your failure to comply with these obligations.

To the extent your account contains or processes personal data, you are responsible for ensuring that such use complies with all applicable data protection laws, including GDPR. Asendia AI acts as a data processor on your behalf and does not monitor how you share access unless explicitly notified in writing. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Payment Terms

Pricing

Access to the Platform may be subject to one of several pricing models, depending on the specific agreement between Asendia AI and the Customer. These include:

• Fixed Packages: Predefined bundles of Services (e.g., interview credits or feature access) sold for a one-time, upfront fee. These packages are invoiced and activated upon full payment unless otherwise agreed in writing.
• Subscriptions: Recurring access to Services, billed monthly, quarterly, or annually. Subscriptions may auto-renew unless canceled in accordance with the applicable cancellation terms.
• Pay-as-You-Go: Usage-based billing according to actual consumption (e.g., per interview or feature). Payment for these services may be collected periodically or through pre-funded credits.

The applicable pricing model, scope of Services, and payment schedule will be detailed in the relevant invoice, order form, or written agreement between the parties. You are responsible for keeping your billing and contact information accurate and up to date. All fees are non-refundable unless expressly stated otherwise in a separate written agreement.

Payment Information; Taxes

In connection with your use of the Platform, you agree to provide complete and accurate billing information. Access to the Services will be provided according to the agreed pricing model (fixed packages, subscriptions, or pay-as-you-go) as outlined in the applicable order form, invoice, or Service package terms. Payment for fixed packages is due upon receipt of the invoice. Subscription fees are due at the start of each billing cycle, and pay-as-you-go charges will be billed periodically or as specified. Access to the Services will be granted in accordance with the agreed payment schedule. You are responsible for all charges incurred, including taxes, duties, or levies, in connection with your use of the Services, excluding taxes based on our net income. All amounts payable are exclusive of any such taxes unless expressly stated otherwise.

Failure to make timely payment within seven (7) days of the invoice due date may result in the suspension or termination of access to the Platform or Services.

No Refunds

All purchases made through the Platform or by invoice are final and non-refundable. Once a transaction is completed, the Customer is not entitled to any refund, credit, or adjustment, regardless of usage, unless otherwise agreed to in writing by Asendia AI. This includes but is not limited to partial use, non-use, or dissatisfaction with the Services.

Cancellation

You may cancel your Account or any paid Service at any time by following the cancellation instructions in your Account settings. For Services provided under an automatically renewing subscription, cancellation will take effect at the end of the then-current billing cycle. To avoid being charged for the next billing cycle, cancellation must be completed at least five (5) days prior to the end of the current cycle. Cancellation requests submitted after that window may not prevent the next scheduled charge.

If you purchased a prepaid package (e.g., a fixed number of interviews or credits), canceling your Account will not entitle you to a refund or credit for any unused Services. All such packages are non-refundable unless otherwise agreed to in writing by Asendia AI. No refunds or credits will be issued for early cancellation, partial use, or non-use of Services.

Chargebacks

If you have a dispute concerning any payment transaction, please contact us at connect@asendia.ai. If, at any time, you contact your bank or credit card company to reject the charge of any payable fees (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Platform. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, your Customer Account may be terminated and any files, data, or content contained in your Account may be subject to cancellation. We will not be liable for any loss of files, data or content as a result of a Chargeback. Without limiting other available remedies, you must pay Asendia AI upon demand for amounts owed under these Terms, plus interest on the outstanding amount at the lesser of one percent (1%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.

Mobile Apps

We may provide a mobile application (“Mobile App”) as another platform for accessing the Services. To use the Mobile App you must have a mobile device that is compatible with the Mobile App. We do not warrant that the Mobile App will be compatible with your mobile device.

You may not: a) modify, disassemble, decompile or reverse engineer the Mobile App; b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile App to any third-party; c) make any copies of the Mobile App; d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile App, features that prevent or restrict use or copying of any content accessible through the Mobile App, or features that enforce limitations on use of the Mobile App; or e) delete the copyright and other proprietary rights notices on the Mobile App.

You acknowledge that we may from time to time issue upgraded versions of the Mobile App, and may upgrade automatically to your mobile device the version of the Mobile App that you are using. You consent to such automatic upgrading and agree that these Terms of Use will apply to all such upgrades.

We may elect to provide you with support or modifications for the Platform (“Support”), in our sole discretion, and we may change, reduce or terminate such Support at any time without notice to you. We reserve the right to charge fees for Support. Any use of third-party software provided in connection with the Platform will be governed by such third parties’ licenses and not by these Terms of Use.

App Stores

You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and Asendia AI and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

Rights and Licenses

License to Use Platform

We grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Platform solely for your internal business purposes related to candidate evaluation, recruitment, or hiring.

You agree that you shall not:

• Copy, reproduce, modify, distribute, sell, lease, or sublicense the Platform or any portion of it;
• Resell or offer the Platform or its output (including interview results, scores, or reports) to any third party without a separate, written resale agreement explicitly authorized and signed by Asendia AI;
• Use the Platform to provide services on behalf of third parties (e.g., as a recruitment or assessment bureau) without our prior written consent;
• Permit any unauthorized party to access or use the Platform;
• Use the Platform in violation of any applicable laws, including employment, data protection, or anti-discrimination laws.

All rights not expressly granted herein are reserved by Asendia AI. Unauthorized resale or provision of Services to third parties constitutes a material breach of these Terms. In such cases, Asendia AI reserves the right to immediately suspend or terminate Customer access and pursue any available legal or equitable remedies, including damages or injunctive relief.

Ownership and Use Restrictions

Ownership

All intellectual property, trade secrets, and proprietary rights in and to the Platform and Services remain the sole and exclusive property of Asendia AI. Nothing in these Terms shall be construed as transferring any ownership rights to you or any third party. All rights not expressly granted herein are reserved.

Use Restrictions

The rights granted to you under these Terms are subject to the following restrictions. You shall not:

• License, sell, rent, resell, sublicense, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform or any part of it, except as expressly permitted under a separate written agreement signed by Asendia AI;
• Copy, modify, create derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Platform or Services;
• Access or use the Platform to develop or offer any competing product or service;
• Conduct demonstrations, trials, benchmarking, or performance testing of the Platform without prior written approval;
• Grant or facilitate access to the Platform or Services beyond the scope, term, and user authorization specified, including use by any third party;
• Remove, obscure, or alter any proprietary rights notices (including copyright or trademark notices).
• Speak on behalf of, represent, or bind Asendia AI in any manner or for any purpose, including, but not limited to, making any statements, representations, or warranties, or entering into any agreements or commitments on behalf of Asendia AI.
• Act as an agent or representative of Asendia AI in any capacity, nor create, issue, or receive any communications or materials that imply such a role without prior written approval from Asendia AI;
• Use Asendia AI's name, logo, or brand for any purpose without express prior written consent, except as expressly authorized by Asendia AI in the applicable agreement.

Any unauthorized activity shall constitute a material breach, entitling Asendia AI to terminate access and pursue all applicable legal remedies.

Data Processing and Legal Compliance

Customer Responsibilities

You acknowledge and agree that you are solely responsible for informing all end users—including job applicants, candidates, or individuals whose data is processed through the Platform—that:

• Their personal data (including but not limited to interview responses, audio or video recordings, transcripts, assessment results, and metadata) will be processed using AI-powered tools and third-party technologies operated by Asendia AI on your behalf;
• Such data may be transferred to, processed in, or stored in jurisdictions outside their country of residence, including countries outside the European Union (EU) such as the United States;
• You, as the data controller, are solely responsible for obtaining all required consents, providing any legally required privacy notices, and ensuring your use of the Platform complies with all applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other relevant laws.

Asendia AI acts solely as a data processor on your behalf and assumes no responsibility for your compliance with applicable laws. You agree to indemnify and hold Asendia AI harmless from any claims, fines, or legal actions arising from your failure to meet these obligations. This responsibility includes any access you grant to third parties.

Customer Content

“Customer Content” means any and all data, information, and content that you, as the Customer, submit to or upload onto the Platform, including but not limited to job descriptions, branding assets, candidate data, annotations, and user-generated input. You retain ownership of your Customer Content. However, by submitting or uploading Customer Content to the Platform, you grant Asendia AI a limited, non-exclusive, worldwide, royalty-free, fully paid, sublicensable license to use, reproduce, display, perform, modify (for formatting or technical purposes), and distribute such Customer Content solely for the purpose of operating, maintaining, and improving the Services.

You represent and warrant that:

• You have all necessary rights, licenses, and consents to submit the Customer Content and to grant the license above;
• Your Customer Content does not infringe or violate any third-party rights, including copyrights, trademarks, trade secrets, privacy rights, or publicity rights;
• You will not upload or transmit any Customer Content that violates applicable laws, including employment, anti-discrimination, and data protection laws;
• You are solely responsible for all activity that occurs under your account and for all Customer Content submitted through it.

You acknowledge and agree that:

• Asendia AI does not claim ownership of your Customer Content;
• Asendia AI may, at its sole discretion, review and remove any Customer Content from the Platform if it determines that such content violates these Terms, applicable law, or poses a risk to the Platform;
• Asendia AI does not pre-screen all Customer Content, but may use automated tools or manual processes to monitor content usage in accordance with applicable law and internal policies;
• You are solely responsible for any liability, damages, or loss arising from your Customer Content or its use, misuse, or display.

Waiver of Moral Rights

To the fullest extent permitted by law, you waive (and agree to cause to be waived) any moral rights or rights of attribution with respect to your Customer Content.

License

You grant, and represent and warrant that you have the right to grant, to Asendia AI a non-exclusive, irrevocable, worldwide, royalty-free, and fully paid license to host, store, reproduce, display, process, and use your Customer Content solely for the purpose of providing, operating, supporting, and improving the Platform and Services. This includes, without limitation, generating assessments, enabling interviews, maintaining platform functionality.

You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Customer Content.

Marketing and Publicity Rights

You grant Asendia AI a limited, non-exclusive, worldwide, royalty-free right to use your name, logo, and publicly available brand assets solely for marketing and promotional purposes. This includes, but is not limited to, listing you as a Customer on our website, in sales presentations, investor materials, social media posts, and other marketing collateral.

If you prefer not to be publicly listed, you may opt out at any time by providing written notice to connect@asendia.ai, and we will remove your brand materials from future uses within a commercially reasonable timeframe.

Acceptable Use Policy

Your permission to use the Platform is conditioned upon the following restrictions: You agree that you will not under any circumstances:

• post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
• use the service for any unlawful purpose or for the promotion of illegal activities;
• attempt to, or harass, abuse or harm another person or group;
• use another Customer’s account without permission;
• provide false or inaccurate information or impersonate another person when registering an account;
• interfere or attempt to interfere with the proper functioning of the Service;
• make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• use the Platform or any of its contents to advertise or solicit, for any commercial purpose or to compete, directly or indirectly, with our Service;
• bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
• publish or link to malicious content intended to damage or disrupt another Customer’s browser or computer;
• Upload, share, or transmit any malicious files (including viruses, malware, or harmful scripts) that could potentially harm the Platform, our customers, or disrupt services.

Breach and Financial Remediation

In the event that any breach of the above restrictions occurs, including but not limited to the posting of malicious content or the uploading of harmful files (e.g., malware, viruses, or other data-corrupting content), you agree to indemnify and hold Asendia AI harmless from any damages, costs, or legal fees arising from your actions or failure to comply with the above restrictions. This includes, but is not limited to:

• The cost of investigating and mitigating the breach,
• Any legal fees and fines incurred due to the breach,
• Costs associated with restoring platform security and services,
• Financial damages related to the breach.

You also acknowledge that Asendia AI may take necessary actions, including suspending or terminating your account, if any of these actions occur, and you will remain liable for any damages incurred by Asendia AI as a result of your breach.

Feedback

If you provide us any feedback or suggestions regarding the Platform (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

Maintenance, Updates, and Discontinuance

From time to time, Asendia AI may update, modify, expand, or improve the Platform to enhance its functionality and performance. We may also, at any time and without prior notice, choose to disable certain features, suspend access, or cease operation of part or all of the Platform. Your use of the Platform does not guarantee the ongoing availability of any particular features or functionality.

Any modifications or discontinuation of the Platform or specific features will be determined at our sole discretion and without any obligation or liability to you. Asendia AI may, at any time, suspend, limit, or discontinue access to content, features, or online servers associated with the Platform for reasons including maintenance, upgrades, or service changes, without notice or liability.

Indemnity

You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Platform and the Services, (b) your Customer Content, (c) your violation of these Terms; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Links to Other Platforms and/or Materials

Third-Party Sites, and Third-Party Content

As part of the Service, we may provide you with convenient links to third-party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties such as applications, software, or content (collectively the “Third-Party Content”). Customers may also include links to their website or other Third-Party Sites on their listings. These links are provided as a courtesy to Customers. We have no control over Third-Party Sites and Third-Party Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Content. If you decide to leave the Platform and access the Third-Party Sites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Platform or relating to any applications you use or install from the site.

Links to Our Platform

You are permitted to link to our Platform for non-commercial purposes, provided that you do so in a way that is fair and legal and does not damage our reputation. You may not link to our Platform in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You may not deep-link to any page of this site for any purpose whatsoever unless the link is expressly authorized in writing by us. We reserve the right to withdraw permission for any link.

Release

You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other service Customers or Third-Party Sites, and Third-Party Content, and any third-party service provider that processes your data. YOU KNOWINGLY AND VOLUNTARILY WAIVE ANY PROTECTION THAT YOU MIGHT HAVE BY VIRTUE OF ANY LAW OR STATUTE PROVIDING THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY IT, WOULD HAVE MATERIALLY AFFECTED ITS SETTLEMENT WITH THE RELEASED PARTY.

Disclaimers

THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION.

Asendia AI makes no representation that materials on this Platform are appropriate or available for use in locations outside the European Union (EU). Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Platform outside the EU do so on their own initiative and are responsible for compliance with local laws.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation on Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID Asendia AI IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Copyright Policy

We respect the intellectual property of others and ask that Customers of our Platform do the same. In connection with our Platform and in accordance with the Digital Millennium Copyright Act (“DMCA”), we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of Customers of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our Customers is, through the use of our Platform, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

• your physical or electronic signature;
• identification of the copyrighted work(s) that you claim to have been infringed;
• identification of the material on our Services that you claim is infringing and that you request us to remove;
• sufficient information to permit us to locate such material;
• your address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Please send your notice via email to our designated Copyright Agent:

Asendia, Inc.
Attn: Copyright Compliance Department
Address: 251 Little Falls Drive, Wilmington DE19808
Email: connect@asendia.ai

Counter Notice Procedures

If you receive a notification from Asendia AI that material made available by you on or through the Platform has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Asendia AI with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Company's Designated Agent through one of the methods identified above, and include substantially the following information:

• A physical or electronic signature of the subscriber;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.

Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Platform. We may (a) suspend your rights to use the Platform and/or Services (including your Account) or (b) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Platform in violation of these Terms. Upon termination of these Terms, your Account and right to access and use the Platform will terminate immediately. You understand that any termination of your Account involves deletion of your Customer Content from our live databases. We will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Account or deletion of your Customer Content. Upon termination of these Terms, all of the provisions will terminate except those that by their nature should survive.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND Asendia AI HAVE AGAINST EACH OTHER ARE RESOLVED.

You and Asendia AI agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Platform, or any products or services sold or purchased through the Platform, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Choice of Law

These Terms are made under and will be governed by and construed in accordance with the laws of the state of Delaware, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Claim Limitations

You agree that any cause of action arising out of or related to the Platform and Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Agreement to Arbitrate

You and Asendia AI each agree that any and all disputes or claims that have arisen or may arise between you and Asendia AI relating in any way to or arising out of this or previous versions of these Terms, your use of or access to Asendia AI 's Platform, or any products or services sold, offered, or purchased through our Platform will be resolved exclusively through final and binding arbitration, rather than in court.

The arbitration will be conducted by JAMS under its applicable rules and procedures, as modified by this agreement to Arbitrate located in Delaware. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.

Your rights will be determined by a neutral arbitrator and not a judge or jury. You understand that arbitration procedures can be more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review in court.

You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.

With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in the courts located in Delaware.

Data Processing Addendum (DPA)

This DPA is effective upon acceptance of the Terms of Use and applies to any Customer that submits or processes personal data through the Platform. This DPA is effective as of the date the Customer accepts the Terms.

1. Roles and Duration

Asendia AI acts as a “Processor” and the Customer acts as the “Controller” as defined under applicable data protection laws, including the GDPR. Asendia AI will process personal data only for the purpose of providing the Services as outlined in these Terms, and only for the duration of the Customer’s use of the Platform.

2. Nature and Purpose of Processing

The Controller may submit or allow the collection of personal data generated, shared, uploaded, or provided by third-party individuals such as job applicants, candidates, or other end users who interact with the Platform. These individuals are considered data subjects under applicable data protection laws.

The personal data processed include but not limited to:

• Names, contact details, job titles, and resumes
• Interview responses, transcripts, and assessment scores
• Audio or video recordings and usage metadata
• Any other personal data collected or processed via the Services

The processing is performed solely for the purpose of delivering the Services, including interview assessments, candidate evaluation, job matching, and related hiring workflows. Asendia AI reserves the right to use the data for legitimate purposes related to improving its services, security, or performance.

3. Controller Obligations

The Customer is responsible for:

• Ensuring it has a lawful basis for processing all personal data;
• Providing all legally required information to data subjects and obtaining valid consent where necessary;
• Ensuring that personal data submitted is accurate, lawful, and compliant with applicable data protection laws.

4. Processor Obligations

Asendia AI will:

• Ensure confidentiality of persons authorized to process Personal Data;
• Assist the Controller in responding to data subject rights requests;
• Assist in ensuring compliance all applicable data protection legislation; and
• Provide the Controller with information necessary to demonstrate compliance.

5. Use of Subprocessors

The Customer authorizes Asendia AI to engage subprocessors as necessary to provide the Services.

6. Cross-Border Transfers

Personal data may be transferred outside the European Economic Area (EEA), including to the United States.

7. Liability

The Customer shall be liable for any damages resulting from its own breach of this Agreement, including but not limited to breaches related to the misuse of the Platform, failure to comply with applicable laws, or actions that cause harm to Asendia AI or third parties. Asendia AI shall not be liable for any damages arising from the Customer's actions, omissions, or breaches.

8. Term and Data Retention after Termination

This Addendum remains in effect for the duration of the Customer’s use of the Platform and survives any termination of the Terms of Use to the extent necessary to fulfill applicable legal obligations. Upon termination of the Services, Asendia AI will, at the written request of the Customer, delete or return all personal data processed on the Customer’s behalf, unless retention of such data is required by law or necessary for internal administrative, audit, or security purposes. In such cases, Asendia AI may retain the data for a period not exceeding six (6) months from the date of termination, after which it will be securely deleted in accordance with Asendia AI’s internal data retention policies.

9. Governing Law

This Addendum is governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes shall be resolved in the courts of the State of Delaware.

10. Conflict

In the event of a conflict between this Addendum and any other section of the Terms of Use, this Addendum shall prevail solely with respect to the processing of personal data.

General

Changes to Terms

These Terms are subject to occasional revision, and If we make any substantial changes that affect your rights, obligations, or how your personal data is processed, we will notify you by posting the updated Terms on our Platform. The updated Terms will be effective immediately upon posting. It is your responsibility to periodically check the Platform for any updates to the Terms.

For minor updates or changes that do not affect your rights or the processing of your personal data, no notification is required. Continued use of the Platform or Services following the notice of significant changes will indicate your acknowledgment of such changes and agreement to be bound by the updated terms.

Copyright/Trademark Information

Copyright © 2025 Asendia AI, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Platform are the property of Asendia AI or third parties. You may not use these marks without prior written consent.

Contact Information

For questions about these Terms, contact us at:
Asendia AI
Email: connect@asendia.ai

Last Updated: June 20, 2025