These Terms of Service (the "Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you," "your," or "Customer"), and Pairwise Technologies LLC ("Pairwise," "we," "us," or "our"), governing your access to and use of the pairwise.ai website, our AI-powered technical hiring platform, and any related products, software, and services that link to these Terms (collectively, the "Services").
By accessing or using the Services, creating an account, or clicking to accept, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated by reference. If you do not agree, you may not access or use the Services.
We may modify these Terms from time to time. We will indicate changes by updating the "Last updated" date. For material changes, we will provide reasonable advance notice where practicable. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
Supplemental terms, order forms, or documents posted or provided by us and referencing these Terms are incorporated by reference. In the event of a conflict, an executed order form or written agreement between you and Pairwise takes precedence over these Terms.
You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract. Persons under 18 are not permitted to use or register for the Services.
If you are agreeing to these Terms on behalf of an organization or entity (for example, an employer or staffing firm), you represent and warrant that you are authorized to bind that organization to these Terms, in which case "you" and "your" refer to that organization. The person who registers on behalf of an employer, and the employer itself, are jointly responsible for compliance with these Terms.
Pairwise provides an AI-powered platform designed to support technical hiring across the employment lifecycle, including interview generation, interview analysis, candidate evaluation, and related workflows.
The Services are not tailored to comply with industry-specific regulations (such as HIPAA or FISMA). If your use of the Services would be subject to such laws, you may not use the Services for that purpose. You are solely responsible for determining whether the Services are appropriate for your intended use and for compliance with all laws applicable to you, including employment, anti-discrimination, and automated-employment-decision laws (such as, where applicable, New York City Local Law 144 and similar bias-audit or notice requirements).
We may modify, suspend, or discontinue any part of the Services at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
You may be required to register an account to access certain features. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@pairwise.ai of any unauthorized access or suspected breach of security.
You may not share your account, transfer it to another party without our written consent, or use another person's account without permission.
The Services include features that use artificial intelligence systems to generate content, evaluations, recommendations, classifications, transcriptions, and other outputs ("Output").
You acknowledge and agree that:
(a) Probabilistic nature. Output is generated in a probabilistic and non-deterministic manner. The same input may not always produce the same result, and Output may contain errors, omissions, or inaccuracies.
(b) No reliance without verification. You must not rely on any Output as factually accurate or complete without independent verification. Output is provided to support, not replace, your own judgment.
(c) Human oversight required. You must not use any Output to make hiring, employment, or other decisions that produce legal or similarly significant effects for an individual without meaningful human review and oversight.
(d) Your responsibility for decisions. All staffing recommendations, candidate evaluations, and hiring decisions are solely your responsibility. You are solely responsible for conducting your own due diligence, including background checks and follow-up interviews, and for complying with all applicable employment and anti-discrimination laws. Pairwise is not an employer, is not a party to any hiring decision, and is not liable for any employment-related outcome arising from your use of the Services or Output.
We do not claim ownership of Output as against you, except to the extent Output incorporates our pre-existing intellectual property. Because of the nature of AI-generated content, we do not represent or warrant that Output is protectable or enforceable under intellectual property law.
"Customer Data" means any data, content, or materials you or your authorized users submit to or process through the Services, including resumes, job descriptions, interview questions, candidate communications, recordings, and transcripts.
Ownership. As between you and Pairwise, you retain all rights in Customer Data. You grant Pairwise a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, process, display, and modify Customer Data solely as necessary to provide, maintain, and improve the Services and as otherwise permitted under our Privacy Policy.
Your responsibilities. You are solely responsible for the accuracy, legality, and appropriateness of Customer Data and for ensuring you have obtained all rights, consents, and permissions necessary to submit it and to grant the license above.
Aggregated data. You agree that we may create and use aggregated and/or de-identified data derived from use of the Services for our business purposes, including analytics, benchmarking, and improving the Services. Such data will not identify you or any individual, and we will handle it consistent with our Privacy Policy.
Candidates and other individuals whose information is processed through the Services are a distinct category of user, and their data warrants particular care.
You represent and warrant that, where you submit or cause the processing of information relating to any candidate or individual (including name, contact details, resume, employment history, interview recordings, and transcripts), you have obtained all consents and provided all notices required under applicable law to do so and to permit Pairwise to process that information in connection with the Services.
You may use candidate information only as necessary to evaluate candidates and conduct your hiring processes, and you must handle, retain, and dispose of it in compliance with all applicable privacy and data-protection laws.
Candidates with questions about their data may contact us at support@pairwise.ai.
The Services may record, ingest, or transcribe interviews and conversations, including via integrated third-party conferencing platforms.
Laws governing notice and consent for recorded conversations vary by jurisdiction, including jurisdictions requiring consent from all parties. You acknowledge and agree that you are solely responsible for providing all required notices to, and obtaining all required consents from, participants in any recording or transcription, and for compliance with all applicable recording and wiretapping laws.
The Services may integrate with third-party services, such as applicant tracking systems, conferencing tools, and payment processors. You are solely responsible for selecting, enabling, and configuring such integrations and for any data exchanged with them. Your use of third-party services is governed by the terms and privacy policies of those third parties. Pairwise does not control and is not responsible for the availability, security, accuracy, or performance of third-party services.
Certain features of the Services require payment of fees, as set out in an applicable order form, on our website, or within the Services.
You agree to pay all applicable fees and authorize us (and our third-party payment processors) to charge your designated payment method. Unless otherwise stated in an order form or required by law, all fees are exclusive of taxes, are non-refundable, and are payable in U.S. dollars. You are responsible for keeping your billing information current and accurate.
If your subscription includes recurring charges, you authorize us to charge your payment method on a recurring basis until you cancel in accordance with the applicable order form or plan terms. We may change our fees upon reasonable advance notice; changes take effect on your next renewal unless otherwise stated. We may suspend or terminate access to any fee-based portion of the Services for amounts that are due but unpaid.
You agree to use the Services only for lawful purposes and in compliance with all applicable laws. You agree not to:
A violation of this Section is grounds for suspension or termination of your access.
The Services and all content, software, source code, functionality, designs, text, graphics, logos, trademarks, and service marks contained therein (collectively, "Pairwise IP") are owned by or licensed to Pairwise and are protected by intellectual property and unfair competition laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes during the term. We reserve all rights not expressly granted. No rights are granted in any underlying AI model, component, or architecture except the limited right to use AI Features through the Services.
If you provide suggestions, ideas, or other feedback regarding the Services ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate the Feedback for any purpose without obligation or compensation to you.
We respect the intellectual property rights of others. If you believe material available through the Services infringes your copyright, please send a notice to support@pairwise.ai containing: a description of the copyrighted work; identification and location of the allegedly infringing material; your contact information; a statement of good-faith belief that the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you are authorized to act on the owner's behalf; and your physical or electronic signature. We reserve the right to remove infringing material and to terminate the access of repeat infringers.
Each party may have access to non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information"). The receiving party will use Confidential Information only to perform under these Terms and will protect it using at least reasonable care. These obligations do not apply to information that is or becomes public through no fault of the receiving party, was lawfully known before disclosure, is independently developed, or is lawfully received from a third party, or to disclosures required by law (with prior notice where permitted).
The Services and Output are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Pairwise disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and availability. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that Output will be accurate, complete, or meet your requirements.
To the fullest extent permitted by law, Pairwise and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, loss of data, loss of goodwill, or employment-related damages, arising from your use of the Services or Output or any hiring decision made using the Services, even if advised of the possibility of such damages.
Notwithstanding anything to the contrary, Pairwise's total aggregate liability for any claim arising out of or relating to these Terms or the Services will not exceed the greater of (a) the amounts paid by you to Pairwise in the six (6) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You agree to defend, indemnify, and hold harmless Pairwise and its affiliates, officers, directors, agents, and employees from any claim, demand, loss, liability, damage, or cost (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) Customer Data or candidate data you submit; (c) your breach of these Terms or your representations and warranties; (d) your violation of applicable law, including employment, privacy, and anti-discrimination laws; or (e) your violation of the rights of any third party, including any candidate. We reserve the right to assume the exclusive defense of any matter subject to indemnification, at your expense, and you agree to cooperate.
These Terms apply for as long as you access or use the Services. We may suspend or terminate your access at any time, with or without notice, for any reason, including breach of these Terms or non-payment. You may stop using the Services and terminate your account at any time by contacting support@pairwise.ai.
Upon termination: your license to use the Services ends and you must cease all use; any amounts accrued before termination remain due; and we may delete Customer Data associated with your account after a reasonable period, subject to our Privacy Policy and applicable law. Provisions that by their nature should survive termination will survive, including Sections 5, 6, 12, 13, 16, 17, 18, 20, and 21.
Governing law. These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles, and, where applicable, the Federal Arbitration Act.
Informal resolution. Before initiating arbitration, the parties agree to attempt in good faith to resolve any dispute informally for at least thirty (30) days after written notice.
Binding arbitration. If the dispute is not resolved informally, it will be finally resolved by binding, individual arbitration administered under the applicable commercial arbitration rules of a recognized arbitration provider, seated in Orange County, California. You understand that without this provision you would have the right to sue in court and have a jury trial. Judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver. All disputes must be brought on an individual basis only, and not as a plaintiff or class member in any class or representative proceeding.
Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or Confidential Information. If the class action waiver is found unenforceable, the arbitration provision will be null and void and disputes will be resolved in the state or federal courts located in Orange County, California.
Opt-out. You may opt out of this arbitration provision by sending written notice to support@pairwise.ai within thirty (30) days of first accepting these Terms.
Entire agreement. These Terms, together with any order form and our Privacy Policy, constitute the entire agreement between you and Pairwise regarding the Services and supersede all prior agreements.
Severability. If any provision is found unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in effect.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
Force majeure. We are not liable for any delay or failure to perform due to causes beyond our reasonable control.
Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.
Electronic communications. You consent to receive communications from us electronically and agree that electronic agreements, notices, and records satisfy any legal requirement that such communications be in writing.
Questions about these Terms may be directed to:
Pairwise Technologies LLC
Email: support@pairwise.ai
