Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the ScreenSmart platform, website, and related services (collectively, the "Service") provided by ScreenSmart ("we", "us", "our"), a company registered in England and Wales.

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms.

2. Definitions

• "Client" means any employer, recruitment agency, or organisation that subscribes to the Service.
• "Candidate" means any individual whose personal data is processed through the Service as part of a recruitment process.
• "User" means any individual who accesses or uses the Service, including Clients and their authorised personnel.
• "Platform" means the ScreenSmart AI-powered recruitment software, including all features, tools, integrations, and APIs.

3. Use of the Service

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding agreements to use the Service. The Service is intended for business use and is not directed at consumers.

3.2 Account registration

To access the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use.

3.3 Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation, including but not limited to the Equality Act 2010 and UK employment law.
• Use the Service in a manner that discriminates against candidates on the basis of any protected characteristic.
• Attempt to gain unauthorised access to the Service, other accounts, or any systems or networks connected to the Service.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Transmit any malware, viruses, or other harmful code through the Service.
• Use the Service to send unsolicited communications to candidates outside of legitimate recruitment purposes.
• Resell, sublicence, or otherwise make the Service available to third parties without our prior written consent.

4. AI-Powered Features

The Service includes AI-powered features for candidate screening, communication, scheduling, and assessment. You acknowledge and agree that:

• AI outputs are provided as recommendations to assist human decision-making. You remain solely responsible for all hiring decisions.
• AI-generated content and assessments may not always be accurate, complete, or free from bias. You should review AI-assisted outputs before acting on them.
• You are responsible for ensuring your use of AI features complies with applicable employment laws, anti-discrimination legislation, and data protection regulations.
• We continuously work to improve the fairness and accuracy of our AI systems, but we do not guarantee that outputs will be free from error.

5. Data Protection

Our processing of personal data is governed by our Privacy Policy. Where you are a Client, the following additional terms apply:

• You act as the data controller for candidate data submitted to the Service. We act as your data processor.
• You are responsible for ensuring you have a lawful basis to process candidate data and for providing appropriate privacy notices to candidates.
• We will process candidate data only in accordance with your documented instructions and in compliance with our Data Processing Agreement.
• You must ensure that any data shared with us via ATS integrations or other means complies with applicable data protection laws, including the UK GDPR and the Data Protection Act 2018.

6. Subscriptions and Payment

6.1 Subscription plans

Access to the Service is provided on a subscription basis. Details of available plans, features, and pricing are set out on our website or in a separate order form.

6.2 Payment terms

Fees are payable in advance in accordance with the billing cycle applicable to your subscription plan. All fees are quoted exclusive of VAT unless stated otherwise. We reserve the right to adjust pricing with reasonable notice.

6.3 Cancellation

You may cancel your subscription at any time by providing written notice. Cancellation will take effect at the end of the current billing period. No refunds will be given for partial billing periods unless required by law.

7. Intellectual Property

All intellectual property rights in the Service, including the Platform, software, algorithms, designs, and documentation, are owned by or licensed to ScreenSmart. Nothing in these Terms grants you any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms.

You retain ownership of all data you submit to the Service. By using the Service, you grant us a limited licence to process your data solely for the purpose of providing the Service to you.

8. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party in connection with the Service. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

9. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" and "as available". We make no warranties, express or implied, regarding the Service, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising out of or in connection with your use of the Service.
• Our total aggregate liability arising out of or in connection with these Terms shall not exceed the total fees paid by you to us in the 12 months preceding the event giving rise to the claim.
• Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by English law.

10. Indemnification

You agree to indemnify and hold harmless ScreenSmart, its directors, officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, your use of the Service, or your violation of any applicable law or regulation.

11. Termination

We may suspend or terminate your access to the Service immediately if you breach these Terms or if we are required to do so by law. Upon termination, your right to use the Service ceases immediately, and we may delete your account data in accordance with our data retention policies. Sections that by their nature should survive termination (including confidentiality, limitation of liability, and indemnification) shall continue in force.

12. Third-Party Integrations

The Service may integrate with third-party applications, including applicant tracking systems, messaging platforms (such as WhatsApp and SMS providers), and calendar services. We are not responsible for the availability, accuracy, or practices of any third-party services. Your use of third-party integrations is subject to those providers' own terms and conditions.

13. Changes to These Terms

We may update these Terms from time to time. Any changes will be posted on this page with an updated "Last updated" date. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms. Where changes are material, we will provide reasonable notice.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Contact Us

If you have any questions about these Terms, please contact us at: