TERMS AND CONDITIONS OF SERVICE

"Account" means the user account created to access and use the Services;

"AI Technology" means artificial intelligence, machine learning, and automated processing systems used in the Services;

"Candidate" means an individual who applies for employment opportunities through the platform;

"Confidential Information" means any proprietary, confidential, or trade secret information disclosed by either party;

"Content" means all data, information, text, software, music, sound, photographs, graphics, video, messages, or other materials;

"Customer Data" means all data, content, and information provided by Customer through use of the Services;

"Documentation" means user manuals, technical specifications, and other materials provided by Pacific Data;

"Employer" means organizations using the Services for recruitment and hiring purposes;

"Personal Data" means information relating to an identified or identifiable natural person;

"Platform" means Pacific Data's web-based and mobile application software and systems;

"Subscription" means the paid service plan selected by Customer;

"Third Party Services" means services, software, or systems not owned or controlled by Pacific Data.

(a) References to "include" or "including" are not limiting;

(b) Headings are for convenience only and do not affect interpretation;

(c) References to singular include plural and vice versa;

(d) References to any legislation include amendments and replacements;

(e) Time references are to Australian Eastern Standard Time unless otherwise specified.

(a) You are at least 18 years of age and have full legal capacity to enter into this Agreement;

(b) You have the authority to bind any organization on whose behalf you are acting;

(c) Your use of the Services complies with all applicable laws and regulations;

(d) You have obtained all necessary corporate approvals and authorizations;

(e) All information provided to us is accurate, current, and complete.

(a) You are located in a country subject to trade sanctions or embargoes;

(b) Local laws prohibit the use of AI-powered recruitment tools;

(c) You are prohibited from receiving products or services under applicable export control laws;

(d) Your use would violate applicable data protection or privacy regulations.

(a) Automated candidate screening and ranking algorithms;

(b) AI-generated video interviewing capabilities with customizable virtual interviewers;

(c) Real-time interview recording, transcription, and analysis;

(d) Candidate application management and workflow automation;

(e) Integration with third-party human resources information systems;

(f) Analytics, reporting, and business intelligence tools;

(g) Multi-tenant architecture with role-based access controls;

(h) API access for custom integrations and data exchange.

(a) Natural language processing for resume analysis and job matching;

(b) Machine learning algorithms for candidate assessment and prediction;

(c) Computer vision technology for behavioral analysis during interviews;

(d) Automated generation of interview questions based on job requirements;

(e) Bias detection and mitigation tools for fair hiring practices;

(f) Predictive analytics for hiring success and employee retention;

(g) Continuous learning and improvement of AI models based on usage patterns.

Uptime: We strive to maintain 99.9% uptime but do not guarantee uninterrupted availability;

Maintenance: Scheduled maintenance will be communicated with reasonable advance notice;

Performance: Response times and processing speeds may vary based on system load and data complexity;

Updates: We may modify, update, or discontinue features at our discretion with appropriate notice;

Capacity: Service limits may apply based on subscription tier and usage patterns.

Registration: You must provide accurate, complete, and current information during registration;

Account Security: You are responsible for maintaining the confidentiality of login credentials;

Authorized Users: You may grant access to employees and contractors under your direct control;

Activity Monitoring: You must monitor account activity and report suspicious or unauthorized use;

Information Updates: You must promptly update account information when changes occur;

Account Termination: We may suspend or terminate accounts for violations of these Terms.

(a) Use the Services only for lawful business purposes related to recruitment and hiring;

(b) Comply with all applicable employment laws, anti-discrimination statutes, and privacy regulations;

(c) Obtain appropriate consent from candidates before collecting and processing their personal information;

(d) Implement reasonable security measures to protect candidate data and account access;

(e) Provide accurate job descriptions and requirements to ensure proper candidate matching;

(f) Use AI-generated insights and recommendations as supplementary tools, not sole decision-making criteria;

(g) Maintain professional conduct in all interactions through the platform;

(h) Report any technical issues, bugs, or security vulnerabilities promptly.

(a) Discriminate against candidates based on protected characteristics under applicable law;

(b) Use the Services for any illegal, fraudulent, or unauthorized purposes;

(c) Attempt to gain unauthorized access to our systems, networks, or data;

(d) Reverse engineer, decompile, or attempt to derive the source code of our software;

(e) Interfere with or disrupt the integrity or performance of the Services;

(f) Introduce viruses, malware, or other malicious code into our systems;

(g) Scrape, crawl, or use automated tools to extract data without authorization;

(h) Create false or misleading job postings or candidate profiles;

(i) Violate the privacy rights of candidates or other users;

(j) Use the Services to compete directly with Pacific Data or develop competing products;

(k) Remove, obscure, or alter any proprietary notices or branding;

(l) Share account credentials with unauthorized third parties.

(a) Content must be accurate, professional, and appropriate for business use;

(b) No harassment, threats, defamatory statements, or inappropriate communications;

(c) No spam, unsolicited communications, or marketing materials unrelated to recruitment;

(d) Respect intellectual property rights of third parties;

(e) No content that violates applicable laws or regulations;

(f) Compliance with community standards and professional ethics.

Plan Types: Starter, Professional, and Enterprise tiers with varying feature sets and usage limits;

Base Fees: Monthly or annual subscription fees charged in advance for platform access;

Usage Fees: Additional charges for interviews conducted and positions posted beyond plan limits;

Price Changes: We may modify pricing with thirty (30) days written notice;

Currency: All fees are quoted and payable in Australian Dollars (AUD) unless otherwise agreed;

Taxes: Fees are exclusive of applicable taxes, which are your responsibility.

Payment Methods: Credit card, debit card, or bank transfer as supported by our payment processors;

Automatic Renewal: Subscriptions automatically renew unless cancelled before the renewal date;

Payment Due Date: Fees are due upon invoice or automatic billing date;

Late Payments: Overdue amounts may incur interest charges and service suspension;

Failed Payments: Multiple failed payment attempts may result in account termination;

Refund Policy: Fees are generally non-refundable except as required by law or expressly stated;

Disputes: Payment disputes must be raised within sixty (60) days of the charge date.

(a) Free trials are limited to one per organization and subject to verification;

(b) Trial accounts may have limited features or usage restrictions;

(c) Credit card information may be required for trial activation;

(d) Trials automatically convert to paid subscriptions unless cancelled;

(e) Promotional offers are subject to specific terms and conditions;

(f) We reserve the right to modify or discontinue promotional programs.

Platform Ownership: Pacific Data owns all rights, title, and interest in the Services, including software, algorithms, and AI models;

Trademarks: "Pacific Data" and related marks are trademarks of Pacific Data Pty Ltd;

Patents: The Services may be protected by pending or issued patents;

Trade Secrets: Proprietary methodologies, algorithms, and business processes are confidential;

Copyrights: All documentation, content, and materials are protected by copyright;

License Grant: We grant you a limited, non-exclusive license to use the Services pursuant to these Terms.

Content Ownership: You retain ownership of your content uploaded to or created through the Services;

License to Pacific Data: You grant us a license to use your content solely to provide the Services;

Responsibility: You warrant that your content does not infringe third-party intellectual property rights;

Feedback: Any feedback or suggestions you provide become our property without compensation;

Data Usage: We may use aggregated, anonymized data for service improvement and analytics;

Third-Party Content: You must have appropriate rights to any third-party content you upload.

(a) AI-generated interview questions, summaries, and recommendations are Pacific Data's intellectual property;

(b) You may use AI-generated content for your internal recruitment purposes;

(c) You may not redistribute, resell, or commercialize AI-generated content;

(d) AI insights are based on data patterns and should be used as guidance, not definitive assessments;

(e) We do not guarantee the accuracy or reliability of AI-generated content;

(f) You acknowledge that AI outputs may reflect biases present in training data.

(a) Lawful basis for processing personal data under applicable privacy laws;

(b) Comprehensive security measures including encryption and access controls;

(c) Data retention periods aligned with legal requirements and business needs;

(d) Individual rights including access, correction, deletion, and portability;

(e) International data transfer safeguards and adequacy assessments;

(f) Incident response procedures and breach notification protocols.

Data Controller Responsibilities: You act as data controller for candidate personal data and must ensure lawful processing;

Data Processor Role: Pacific Data acts as data processor, processing personal data on your behalf according to your instructions;

Consent Management: You must obtain appropriate consent from candidates for data collection and AI analysis;

Legal Basis: You must establish and maintain lawful basis for processing under applicable data protection laws;

Individual Rights: You are responsible for responding to data subject requests and exercising individual rights;

Cross-Border Transfers: Both parties must ensure adequate protection for international data transfers.

(a) We implement bias detection and mitigation measures in our AI algorithms;

(b) Regular auditing of AI models for fairness and non-discrimination;

(c) Transparency reporting on AI decision-making processes available upon request;

(d) Human oversight requirements for significant hiring decisions;

(e) Continuous monitoring and improvement of algorithmic fairness;

(f) Compliance with emerging AI governance frameworks and regulations.

(a) The Services will perform substantially in accordance with the Documentation;

(b) We will use commercially reasonable efforts to maintain service availability;

(c) We have the right and authority to provide the Services and enter into this Agreement;

(d) The Services will not contain material security vulnerabilities known to us;

(e) We will comply with applicable laws in the provision of Services.

(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;

(b) WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;

(c) WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF AI-GENERATED CONTENT;

(d) WARRANTIES THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS;

(e) WARRANTIES REGARDING UNINTERRUPTED OR ERROR-FREE OPERATION;

(f) WARRANTIES REGARDING THE SECURITY OR PRIVACY OF DATA TRANSMISSION.

(a) This limitation applies regardless of the legal theory upon which the claim is based;

(b) In no event shall Pacific Data be liable for indirect, incidental, special, consequential, or punitive damages;

(c) Excluded damages include lost profits, lost data, business interruption, or loss of goodwill;

(d) These limitations apply even if Pacific Data has been advised of the possibility of such damages;

(e) Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you;

(f) The foregoing does not limit our liability for gross negligence, willful misconduct, or fraud.

(a) Your use or misuse of the Services in violation of these Terms;

(b) Your violation of applicable laws, regulations, or third-party rights;

(c) Content you submit, upload, or transmit through the Services;

(d) Your failure to obtain appropriate consent from candidates;

(e) Employment decisions made based on information from the Services;

(f) Discrimination or bias in your hiring practices;

(g) Data breaches resulting from your security failures;

(h) Claims by your employees, contractors, or agents.

(a) Prompt written notice of the claim;

(b) Sole control of the defense and settlement negotiations;

(c) Your reasonable cooperation in the defense;

(d) This indemnity does not apply to modifications you make to the Services;

(e) This indemnity does not apply to claims arising from your content or data;

(f) Our total liability under this section is limited to the amounts paid by you in the preceding twelve months.

Voluntary Termination: You may terminate your account at any time through account settings or by contacting support;

Notice Period: Thirty (30) days written notice required for annual subscriptions;

Effect of Termination: Access to Services will cease at the end of the current billing period;

Data Download: You have sixty (60) days to download your data after termination;

Outstanding Fees: You remain responsible for all fees incurred prior to termination;

Refunds: No refunds for partial billing periods except as required by law.

(a) Immediately for material breach of these Terms;

(b) Upon thirty (30) days notice for convenience or business reasons;

(c) Immediately if required by law or regulation;

(d) For non-payment after reasonable notice and opportunity to cure;

(e) For violation of intellectual property rights;

(f) For conduct that poses security risks or legal liability;

(g) For repeated violations after warnings.

(a) All licenses granted to you immediately terminate;

(b) You must cease all use of the Services and delete downloaded software;

(c) Outstanding payment obligations survive termination;

(d) Confidentiality obligations continue indefinitely;

(e) We will delete your data according to our data retention policy;

(f) Provisions intended to survive termination remain in effect.

Applicable Law: These Terms are governed by the laws of Queensland, Australia, without regard to conflict of law principles;

Jurisdiction: Exclusive jurisdiction of the courts of Queensland, Australia for any legal proceedings;

Service of Process: You consent to service of process by registered mail or other reliable means;

Waiver: You waive any objection to venue or jurisdiction in Queensland courts;

International Users: These provisions apply regardless of your location or citizenship.

Informal Resolution: Parties must attempt good faith negotiations for sixty (60) days before formal proceedings;

Mediation: If informal resolution fails, disputes shall be submitted to mediation before a neutral mediator;

Arbitration: Unresolved disputes after mediation shall be settled by binding arbitration;

Arbitration Rules: Arbitration conducted under the Commercial Arbitration Rules of the Australian Centre for International Commercial Arbitration;

Arbitrator Selection: Single arbitrator selected by mutual agreement or appointed by the arbitration institution;

Location: Arbitration proceedings shall take place in Brisbane, Queensland, Australia;

Language: All proceedings shall be conducted in English;

Confidentiality: All dispute resolution proceedings shall be confidential.

(a) Claims for injunctive relief may be pursued in court without prior arbitration;

(b) Intellectual property disputes may be pursued in any court of competent jurisdiction;

(c) Small claims court proceedings are exempt from arbitration requirements;

(d) Class action waiver: disputes must be pursued individually, not as class actions;

(e) Statute of limitations: claims must be brought within one (1) year of accrual;

(f) Emergency relief may be sought in court pending arbitration.

Complete Agreement: These Terms, together with the Privacy Policy and any order forms, constitute the entire agreement;

Supersedes: This Agreement supersedes all prior negotiations, representations, and agreements;

Modifications: Changes to these Terms require written consent or updated posting with notice;

Order of Precedence: In case of conflict, order forms take precedence over these Terms;

Electronic Acceptance: Electronic acceptance of these Terms constitutes valid agreement;

Amendments: We may update these Terms with thirty (30) days advance notice for material changes.

(a) You may not assign these Terms without our prior written consent;

(b) We may assign these Terms in connection with mergers, acquisitions, or sales of assets;

(c) Any unauthorized assignment is void and of no effect;

(d) These Terms bind and benefit successors and permitted assigns;

(e) Assignment includes transfer by operation of law or change of control;

(f) We will provide reasonable notice of assignment when practicable.

(a) Invalid provisions shall be severed without affecting the remainder of the Terms;

(b) Headings are for convenience only and do not affect interpretation;

(c) No provision shall be construed against the drafter;

(d) References to "including" are not limiting;

(e) These Terms shall not be construed to create a partnership or joint venture;

(f) Both parties are independent contractors.

Notice Requirements: All notices must be in writing and sent to the addresses specified in your account;

Email Notices: Electronic notices are acceptable for routine communications;

Legal Notices: Formal legal notices require certified mail or registered post;

Address Changes: You must promptly update contact information in your account;

Delivery: Notices are deemed delivered when sent to the last known address;

Our Address: Legal notices to Pacific Data should be sent to contact@pacificdata.com.au.

Legal Department: contact@pacificdata.com.au

Customer Support: contact@pacificdata.com.au

Data Protection Officer: contact@pacificdata.com.au

Phone: 1300 954 503

Website: www.pacificdata.com.au