Definitions

The following terms and conditions ("Agreement") govern your use of the pixelinterview.com and associated websites ("Website"), and any of their related products and services (collectively, "Services"). This Agreement is binding on you ( “Customer”, "User," "you," or "your") and Pixel Interview LLC ("Pixel Interview”, “Company”, "we," "us," or "our"). You acknowledge that by accessing and using the Services, you have read, understood, and agreed to be bound by the terms of this Agreement. If you are joining this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the power to bind such entity to this Agreement, in which case the terms "User", "you", or "your" shall relate to such entity. If you lack such permission or do not agree with the provisions of this Agreement, you must not accept it and are prohibited from accessing or using the Services. You recognize that this Agreement constitutes a binding contract between you and Pixel Interview LLC despite the fact that it is electronic and not physically signed by you, and that it regulates your use of the Services.

License to use Service

Subject to Customer's compliance with its obligations under this Agreement, Company will provide Customer with access to the Company's video interviewing platform (the "Platform") and related services, as specified in the SOW executed by and between the Parties, for the subscription period specified in the SOW or on the Site, as applicable (collectively, the "Service(s)").

Company thus gives to Customer a nonexclusive, non-transferable, non-sublicensable, royalty-free, limited license to access and use, and to permit its Personnel (as defined below) to access and use, the Services and the Platform for the appropriate subscription period. Regarding any software delivered or provided to Customer for use on Customer's premises or devices (if any), Company hereby provides Customer a non-exclusive, non-transferable, non-sublicensable license to use such Software only in connection with the Services during the subscription period.

Customer will be required to enter a password and login name in order to access and use the Services, including for the purpose of publishing, broadcasting, or displaying Content on the Platform (as defined below). Customer is solely responsible for maintaining the security of Customer's password and login credentials, and Customer shall notify Company promptly in writing of any unauthorized use of Customer's password and/or login details. Customer shall be held liable for any Content or behavior displayed, accessible, or occurring under the Customer's login name.

Customer will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms underlying the Platform and/or the Services, or any software, documentation, or data related thereto; modify, translate, or create derivative works based on the Services and/or the Platform; or use the Platform and/or the Services for any other purpose

Customer is responsible for obtaining and maintaining all equipment and ancillary services necessary to connect to, access, or otherwise use the Platform and Services, including but not limited to modems, hardware, servers, software, operating systems, networking, and web servers (collectively, "Equipment"). Additionally, Customer is responsible for safeguarding the Equipment, Customer account, User IDs, passwords (including, but not limited to, administrative and user passwords), and data.

Conduct, Customer Content and Posting

Customer hereby affirms that their organization is an equal opportunity employer, offering employment without regard to sex, color, race, religion, national origin, age, sexual orientation, disability, citizenship, or any other protected class of individuals unless legally required.

Customer is responsible for adhering to all applicable rules, statutes, laws, and policies governing the hiring, interviewing, and recruiting of personnel, as well as any other matters pertaining to the same.

Customer agrees that Company may review, modify, reformat, monitor, reject, or remove any texts, messages, illustrations, photos, as well as any audio or video materials (and any combination of these or other materials) that Customer uploads, transmits, posts, or otherwise makes available or accessible via the Platform ("Content"), if Company determines that it violates these Terms and Conditions or may be offensive, illegal, or violate the rights, in Company's sole discretion.

Additionally, Customer is and shall remain entirely liable for the Content that Customer uploads, transmits, posts, publishes, or displays on or via the Platform, or that Customer transmits to or distributes with others. Additionally, the Company promises to guarantee that no Content is intentionally dishonest, misleading, incorrect, false, or deceitful.

The following is a partial list of the types of Content that is illegal or prohibited on the Platform ("Prohibited Content"), and Customer reserves the right to investigate and prosecute anyone who violates this provision, including by removing the offending communication or Content from the Platform.

Prohibited Content includes ANY of the following:

• conduct any unlawful activity;
• provide instructional information about illegal activities; or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• creates or poses a security or privacy risk to anyone;
• contains viruses, malware, ransomware, or other computer programs, files, or code designed to limit, modify, interrupt, or destroy the functionality of other computer software or hardware;
• promotes information customer knows is false or misleading
• Use or promotes an unauthorized copy or use of another person’s copyrighted work
• the transmission of "chain letters," "junk mail," or unsolicited mass mailing or "spamming"; phishing, or conduct or promote unauthorized advertising, solicitations
• publish or transmit any text, images or video or other information that is obscene, hateful or discriminatory, or incites violence or criminal behavior;
• is insulting and encourages hate, racism, bigotry, or physical damage of any type directed at any individual or group, or harasses or advocates for the harassment of another person;

Disclaimer of Warranty

Employer shall be solely responsible for undertaking ethical hiring processes. You are solely responsible for your use of the Services and any information collected via or through Pixel Interview. The Services are supplied "as is." You understand and agree that Pixel Interview is not responsible for, and has no control over, the content and videos that flow via Pixel Interview’s site including networks, servers, or other Internet infrastructure. Employees develop the videos found on the Services independently. Thus, Pixel Interview provides no explicit or implied guarantees, including but not limited to non-infringement, warranties of title, merchantability, or fitness for a specific purpose, or implied warranties arising from a course of dealing, course of performance, or use of commerce. Pixel Interview is not responsible for the editorial content of employee text or videos.The placement of an employee video or text on the Services does not constitute an endorsement or approval by Pixel Interview of the video;s content or the customer.

Pixel Interview makes no guarantees or representations regarding the availability or reliability of the Services, or with the reliability or accuracy of any results gained from the use of the Services. Pixel Interview explicitly disclaims any and all liability stemming from any videos. No written or oral information provided by Pixel Interview will create any warranty.

Billing

Renewals. Pixel Interview automatically renews subscription plans for the convenience of its Pixel Interview customers.

There are no refunds. The Company does not issue refunds for Services bought. As a result, no reimbursements will be issued for periods during which the Customer's account was inactive, including, but not limited to, remaining time or periods of dormancy on subscription plans. Additionally, if Customer chooses a quarterly, semi-annual, or annual subscription plan that requires monthly payments, Customer agrees to make monthly payments for the duration of the subscription plan's term, regardless of whether Customer uses or cancels the Services prior to the subscription's expiration. As a result, the Company is unable to cancel or refund monthly membership fees.

Taxes and Other Fees Not Included. Pixel Interview payments are exclusive of any taxes, levies, withholdings, and fees levied by taxation authorities or other applicable third parties. You are personally liable for any such taxes, levies, withholdings, and charges.

Inadequate Funds & Chargebacks. Company receives all payments via a third-party processor. If your payments are canceled or reversed due to insufficient funds or chargebacks, you will be liable for any costs and/or penalties imposed on you and/or Pixel Interview by these third parties.

Cancellation and Termination

At any moment, the customer may cancel their account. Before doing so, Company suggests that Customer carefully read these Terms and Conditions to ensure Customer knows what will happen if Customer cancels, particularly with regard to payment for Services.

To cancel Customer's Account, customer must contact the Company at support@pixelinterview.com for help. After that, the Customer's Account will be promptly cancelled.

All Customer Content may be permanently erased and deleted upon termination. Company shall not be liable for any such Content that is lost as a result of the cancellation (or termination) of a customer’s account.

Account Termination. Company maintains the right to refuse service to anybody it believes has misused the Services. If Company believes that the Services have been, are being, or will be used for an unlawful purpose and/or in violation of any of these Terms and Conditions or any other Company agreement or policy, Company reserves the right to (a) immediately terminate an account; (b) refuse to provide its Services to anyone; and/or (c) take any other action permitted by law.

Additionally, the Company has the right to suspend or terminate a Customer's account if the Company becomes involved in ongoing litigation or another comparable disagreement with the Customer about the account, or for any other reason. If a Customer is involved in litigation or another comparable issue involving an account, the Company may also suspend or cancel the Customer's account immediately and without warning. If Company becomes aware of any lawsuit involving an account, it has the right to keep any content linked with such account.

Termination Consequences. If Customer's account is terminated, Company reserves the right, in its sole discretion and without obligation to Customer, to delete and destroy any information associated with Customer's account, including but not limited to any Content or Customer Content. If Customer's Account is terminated, Customer shall remain entirely liable for any obligations that may have occurred or may arise as a result of Customer's account and/or its termination.

No reimbursement or refund will be made for any usage of Services that is terminated due to a breach of these Terms and Conditions.

Modifications to Agreement

Customer acknowledges that the Company reserves the right to amend, modify, waive, cancel, or otherwise modify any term included in these Terms and Conditions at any time. If Company amends, modifies, waives, terminates, or modifies any term contained in these Terms and Conditions, it shall notify Customer by:

1. Sending electronic mail to the email address Customer provided when creating its account (where available and applicable);
2. Posting the revised Terms and Conditions on the Site;
3. or by any other means permitted under these Terms and Conditions or otherwise required by law.

If Customer continues to use any of the Services after receiving notification that these Terms and Conditions have been updated, such continuing use shall constitute acceptance of the new Terms and Conditions and Customer's ongoing compliance with them.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will interviewstream, Inc, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any punitive, incidental, indirect, special, cover or consequential damages (including, without limitation, damages for lost revenue, sales, profits, goodwill, use of content, impact on business, business interruption, loss of business opportunity, loss of anticipated savings) however caused, under any theory of liability, including, without limitation, tort, warranty, contract, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, Pixel Interview LLC and its employees, affiliates, officers, agents, suppliers, and licensors' aggregate liability with respect to the services will be limited to the greater of one dollar or the amount actually paid in cash by you to Pixel Interview LLC in the one month preceding the first event or occurrence giving rise to such liability. Additionally, the restrictions and exclusions apply if this remedy does not completely compensate you for any losses or if it fails to accomplish its fundamental purpose.

Employers are solely responsible for all employment hiring decisions. Pixel Interview LLC will not be accountable to any party for allegations of discriminatory hiring, ADA violations, wage and hour claims, or any other notion of illegal or unfair employment practices.

Pixel Interview’s services may include links to third-party websites that are not within our control or ownership, or you may choose to utilize a third-party service or product in order to access Pixel Interview's service. All third-party services are accessed at your own risk.

Pixel Interview makes no endorsements or recommendations about job seekers or anyone else who contacts Customer through or as a consequence of any information, material, or Content on the Platform.

Pixel Interview makes no warranty that the Platform's functions and features will be error-free or uninterrupted, that issues or defects will be corrected, that the any server or platform that makes it available is free of viruses or other harmful components, or that customer's access to or use of the Platform (including any of its features and functions) or the Services will result in successful or accurate results or outcomes.

Customer acknowledges that any material or content accessed, obtained or download through the Services (or by accessing the Platform) is done at Customer's sole discretion and risk, and that Customer will be solely responsible for any damage to its computer system, network, or other device, or for any loss of data, that results from the download of any such material or Content.

Additionally, Pixel Interview disclaims any responsibility for communications or interactions between Customer and any persons who respond to or contact Company, or whom Company contacts or contacts as a result of any Content that Customer or anyone else uploads, transmits, posts, publishes, displays, or otherwise makes available on the Platform, or any Content that Customer transmits to others.

Indemnification

Customer will indemnify and hold harmless Pixel Interview from and against any and all Expenses or Liabilities at any time due, owing, paid or incurred by, or assessed against, Company arising out of

• a breach by Customer of this Agreement; or
• any third-party claim relating to the collection, storage, transfer, or other use of Data, Customer's use of the Services, Platform, or the Content

Governing Law

This Agreement shall be governed by Florida law, regardless of where you live in the world. Disputes arising under this agreement shall be decided in a court of competent jurisdiction in Tallahassee, Florida. All remedies provided for herein are cumulative and not exclusive.

Residents of the European Union.

If Customer resides in the European Union (EU) or any transfer of information between Customer and the Services is governed by the European Union Data Protection Directive or national laws implementing that Directive, Customer consents, and shall obtain any consent and approval required by applicable law, to the transfer of such information outside of the European Union to its country and to such other countries where Pixel Interview hosts and transmits content and provides services.

Assignment

We reserve the right to assign any of our rights or duties under this Agreement, in whole or in part, to any third party in connection with an acquisition, merger, or with the sale of all or substantial portion of our equity, assets.

You may not assign, resell, sublicense, or otherwise transfer or delegate any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent, which we may withhold in our sole discretion and without obligation; any such assignment or transfer shall be null and void.

Entire Agreement / Severability

This Agreement constitutes the parties' entire agreement and supersedes all prior and contemporaneous representations, understandings, and agreements, express or implied, written or oral, between the parties. If any part of this Agreement is found to be unlawful, unenforceable, or void by a court of competent jurisdiction, the remainder of this Agreement will continue in full force and effect. Sections of this Agreement that, by their nature, should survive termination will do so.