Candidate Terms of Service

PLEASE READ THESE TERMS CAREFULLY BEFORE CONTINUING. BY CHECKING THE BOX AND CONTINUING WITH THE INTERVIEW OR USING THE SERVICE, USER AGREES TO BE BOUND BY THIS AGREEMENT. IF USER DOES NOT AGREE, DO NOT CONTINUE.

This agreement is between HappyFleet AI, Inc., a Delaware corporation (HappyFleet), and the person applying or interviewing through the Service (User). HappyFleet provides an AI recruiting platform that employers use to screen and hire candidates.

1. The Service and AI interview

This agreement covers User's use of HappyFleet's internet-based AI recruiting platform (the Service), which employers use to screen and hire candidates. When User applies or interviews, an automated AI agent may call and interview User, ask the employer's questions, record and transcribe the call, and create a score and summary for the employer to review. AI can make mistakes or misinterpret answers. HappyFleet does not make hiring decisions; the employer does.

2. Consent to recording and automated processing

a. Recording and Transcription. User gives clear and voluntary consent for HappyFleet to record and transcribe User's interview. This consent applies in every U.S. state, including states that require all parties to consent (for example California, Florida, Illinois, Maryland, Pennsylvania, and Washington). If User does not consent, do not continue with the interview.

b. Automated Processing. User consents to HappyFleet processing User's interview and responses using automated systems, including AI, to generate scores and summaries for the employer. HappyFleet is not responsible for errors or misinterpretations in automated evaluation.

c. No Biometric Identifier. HappyFleet records and transcribes User's voice but does not create or store a voiceprint or other biometric identifier from it.

3. Information User provides

User may be asked about User's background, experience, availability, skills, and job preferences. User agrees that the information User provides is accurate and truthful, and User consents to HappyFleet collecting and storing it for the purposes in this agreement and the Privacy Policy.

4. How HappyFleet uses User's information

User agrees that HappyFleet may use User's information, including User's application, responses, recordings, and transcripts, as follows:

a. Provide the Service to Employers. HappyFleet may use User's information to provide the screening and hiring service to the employer User applied to and to share User's information and interview with that employer.

b. Match User to Opportunities. HappyFleet may match User to current and future work and gig opportunities, keep User's profile in HappyFleet's candidate database, and contact User about those opportunities.

d. Protect. HappyFleet may use User's information to support compliance, verification, and fraud prevention.

The Privacy Policy describes these uses in more detail and controls if there is any conflict about personal data.

5. Communications

User agrees that HappyFleet and the employer may contact User by phone call, text message, email, and app notification about User's application, this interview, job opportunities, and onboarding, including by automated, prerecorded, or AI-generated voice and by automated texts. Message frequency varies, and message and data rates may apply. Reply STOP to opt out of texts and HELP for help. User's consent to these communications is not a condition of employment.

6. No guarantee of employment

Completing an interview does not guarantee employment, an interview with the employer, onboarding, or any placement. HappyFleet is not User's employer and does not make hiring decisions.

7. User's choices and rights

User can ask HappyFleet to access or delete User's account information by emailing support@happyfleet.ai, subject to legal requirements and to the employer's own records. If an employer has already received User's information, that employer controls its own copy. User may withdraw User's consent, but if User does User may not be able to continue the interview. Depending on where User lives, User may have additional rights described in the Privacy Policy.

8. Warranty disclaimer

THE SERVICE IS PROVIDED 'AS IS' WITHOUT WARRANTY. HAPPYFLEET DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE USES AI, WHICH MAY BE INACCURATE OR MISINTERPRET RESPONSES, AND HAPPYFLEET DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

9. Liability limit

a. TO THE MAXIMUM EXTENT ALLOWED BY LAW, HAPPYFLEET IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF IT KNOWS OF THE POSSIBILITY.

b. TO THE MAXIMUM EXTENT ALLOWED BY LAW, HAPPYFLEET'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT DOES NOT EXCEED $100.

c. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO USER. USER MAY HAVE OTHER RIGHTS THAT VARY BY STATE.

10. Privacy

HappyFleet takes reasonable steps to protect User's information, but no system is completely secure, and User provides information at User's own discretion. For details, see the Privacy Policy.

11. Governing law and forum

This agreement is governed by the laws of the State of California (without regard to conflicts of law principles) for any dispute between User and HappyFleet or relating in any way to the subject matter of this agreement. Any suit or legal proceeding must be brought exclusively in the federal or state courts for San Francisco County, California, and User submits to this personal jurisdiction and venue. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys' fees and costs from the other party. Any claim arising out of or related to this agreement must be brought within 1 year after it arises, except where the law does not allow this limit.

12. Other terms

a. Electronic Communications. User consents to receive this agreement, disclosures, and all notices electronically, including by email, text, or through the Service, and User agrees that electronic delivery has the same legal effect as a paper notice.

b. Changes. HappyFleet may change this agreement at any time with advance electronic notice. Changes are effective when posted or otherwise provided, and User's continued use of the Service means User accepts them. If User does not agree to a change, stop using the Service.

c. Entire Agreement. This agreement and the Privacy Policy are the entire agreement between User and HappyFleet about the Service, and they supersede all prior or contemporaneous discussions, representations, and agreements on this subject. User is not relying on any statement or representation not included in this agreement.

d. Assignment. User may not assign or transfer this agreement or any of User's rights or obligations under it. HappyFleet may assign this agreement, including as part of a merger or sale of all or substantially all of its business or assets, or to an affiliate. This agreement binds and benefits the parties and their permitted successors and assigns.

e. No Waiver. HappyFleet's failure to enforce any term is not a waiver of its right to enforce that term later. A waiver is effective only if it is in writing.

f. Force Majeure. HappyFleet is not liable for any delay or failure to perform caused by natural events and disasters, labor disruptions, utility or telecommunications failures, and public Internet failures, and other similar events beyond its reasonable control.

g. Equitable Relief. User's breach of this agreement or violation of HappyFleet's intellectual property or other rights could cause irreparable harm for which money damages would be inadequate. HappyFleet may seek injunctive or other equitable relief, without posting a bond, in addition to its other remedies.

h. Third-Party Beneficiary. The employer User applies to or interviews with is an intended third-party beneficiary of User's consents and agreements in Sections 2, 3, 4, and 5, and may rely on and enforce them. There are no other third-party beneficiaries.

i. Severability. If any term of this agreement is invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be, it will be severed, and the other terms remain in full force and effect.

j. Survival. The sections on consent, use of User's information, disclaimers, limitation of liability, governing law, and these general terms survive any end of User's use of the Service.