Terms of Service

"Service" means the HeyAmara all-in-one AI recruitment platform and all related features, tools, and functionality.

"Customer" means the organization or entity subscribing to the Service.

"User" means authorized individuals accessing and using the Service on behalf of the Customer.

"Customer Data" means all data uploaded, created, or generated by Customer within the Service.

"Tokens" means prepaid usage credits for accessing AI-powered features.

"Candidate Information" means personal data of job applicants processed through the Service.

"Agreement" means these Terms of Service and all incorporated policies.

"Confidential Information" means non-public information disclosed by one party to another.

HeyAmara is an all-in-one AI recruitment platform designed to help elite recruiters and agencies scale faster with complete software, systems, and support. The Service provides:

• Candidate screening and ranking assistance
• Interview scheduling and coordination
• AI-powered candidate recommendations
• Data storage and organization for applicant information
• Integration with third-party recruitment tools

Important: HeyAmara provides technology tools and recommendations to assist your hiring process. Final hiring decisions remain solely with the Customer. We do not guarantee hiring success or candidate quality.

Token Purchase and Expiry

• Tokens are valid for 3 years from the date of purchase
• Expiry date is displayed as: [Purchase Date] + 36 months
• Tokens that expire unused are non-refundable
• We may extend token expiry if the Service is unavailable for 30+ consecutive days

Refund Policy

• Unused tokens are non-refundable unless the Service is terminated by HeyAmara
• If you terminate your account, unused tokens will not be refunded
• For consumers: Australian Consumer Guarantees apply
• Post-purchase fees that reduce token value are prohibited

Billing

• Billing occurs at the time of token purchase
• You are responsible for all taxes (except our income tax)
• Payment methods are processed securely

If you are a small business with fewer than 100 employees or annual turnover less than $10 million, additional protections apply under Australian and New Zealand consumer protection laws.

Your Rights

• Both parties have equal termination rights (30-60 days notice)
• Price changes require 30 days written notice
• Unfair contract terms are void and unenforceable
• You have the right to dispute unreasonable terms

How AI is Used

• HeyAmara uses artificial intelligence to assist in candidate screening and ranking
• AI recommendations are suggestions only, not hiring decisions
• Final hiring decisions remain entirely with the Customer
• Customers must ensure compliance with anti-discrimination laws

AI Limitations

• AI accuracy is not guaranteed and may not be 100% accurate
• AI may contain biases or limitations in its recommendations
• We continuously work to minimize bias but cannot guarantee elimination
• AI performance depends on the quality of input data
• You are responsible for validating AI outputs before relying on them

Candidate Rights

• Candidates have the right to understand how AI impacts their applications
• You must disclose AI usage in your recruitment process to candidates
• Candidates have the right to request human review of automated decisions
• Candidates have the right to know why they were rejected when AI was used

Australian Privacy Act 1988

HeyAmara complies with the Australian Privacy Principles (APPs) and the Privacy Act 1988. If your annual turnover exceeds $3 million, the Privacy Act applies to your use of the Service.

New Zealand Privacy Act 2020

HeyAmara complies with the 13 Information Privacy Principles (IPPs) under the New Zealand Privacy Act 2020.

Key Privacy Obligations

• Collection of personal data must have a lawful basis
• Data must be used only for the purpose it was collected
• Data security must be maintained with appropriate safeguards
• Individuals have rights to access and correct their data
• Notification of data breaches within 72 hours (if we become aware)

For more information about how we handle your data, please review our Privacy Policy.

Data Controller and Processor

• You are the Data Controller: You determine what candidate data is collected and how it will be used
• We are the Data Processor: We process data on your behalf according to your instructions
• You are responsible for having lawful basis to collect and process candidate information

Your Responsibilities

• Provide privacy notices to candidates before collecting their information
• Obtain appropriate consent for data collection and processing
• Ensure data is collected for legitimate recruitment purposes only
• Maintain records of lawful basis for processing
• Notify candidates of their privacy rights

Data Transfers

• Data may be processed in Australia, New Zealand, and other locations
• We maintain appropriate safeguards for all data transfers
• Cross-border transfers comply with APP 8 and IPP 12

Your Responsibilities

You are responsible for ensuring your use of HeyAmara complies with all applicable employment and anti-discrimination laws, including:

• Fair Work Act 2009 (Australia)
• Employment Relations Act 2000 (New Zealand)
• Racial Discrimination Act 1975
• Sex Discrimination Act 1984
• Age Discrimination Act 2004
• Disability Discrimination Act 1992
• All applicable anti-discrimination and accessibility laws

Our Role

• HeyAmara provides technology tools only
• We do not make hiring decisions or recommendations on discrimination
• We are not responsible for ensuring your compliance with employment laws
• We do not provide employment law advice

Background Checks

If you conduct background checks or vetting using HeyAmara, you must comply with all applicable requirements including Australian national police check requirements and New Zealand Privacy Act vetting requirements.

Maximum Liability

Our total liability is limited to the total fees you paid in the 12 months preceding the claim, or $5,000 AUD, whichever is greater.

Excluded Damages

We are not liable for:

• Lost profits or business opportunities
• Hiring failures or candidate quality issues
• Employment law violations or discrimination claims
• Data loss due to your actions or negligence
• Third-party claims from your use of the Service
• Indirect, incidental, consequential, or punitive damages
• Damage to reputation or business interruption

Consumer Rights Preserved

Nothing in these Terms excludes or limits your rights under the Australian Consumer Law (Competition and Consumer Act 2010) or the New Zealand Consumer Guarantees Act 1993. These statutory rights cannot be excluded, restricted, or modified.

You agree to indemnify and hold harmless HeyAmara from all claims, damages, and costs (including legal fees) arising from or related to:

• Your employment decisions and hiring practices
• Your violations of employment or anti-discrimination laws
• Privacy violations in your data collection practices
• Unauthorized use of the Service
• Your breach of these Terms of Service
• Claims by candidates regarding your use of their data
• Your use of AI recommendations in discriminatory ways
• Your failure to provide required privacy notices to candidates

Data Isolation

• Your data is logically and physically segregated from other customers
• Cross-tenant data exposure is prevented through strict security controls
• No customer can access another customer's data under any circumstances

Security Measures

• Role-based access controls (RBAC) restrict access to authorized users only
• Data encrypted in transit using TLS 1.3
• Data encrypted at rest using AES-256
• Regular security audits and penetration testing
• Strict access controls and multi-factor authentication
• Audit logs maintained for all data access

Compliance

HeyAmara maintains SOC 2 Type II certification and complies with international security standards for data protection.

Prohibited Activities

You may not use the Service to:

• Violate any laws, regulations, or rights of others
• Infringe on intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt unauthorized access to our systems
• Scrape, harvest, or extract data without permission
• Upload discriminatory, illegal, or defamatory content
• Conduct penetration testing without written approval
• Use the Service for competitors' benefit or to copy our features
• Reverse engineer or attempt to decompile the Service
• Interfere with or disrupt the Service's operation

Content Restrictions

• You must have rights to all data uploaded
• No illegal, defamatory, or harmful content
• No unauthorized collection of personally identifiable information
• All data collection must comply with employment and privacy laws

Governing Law

• For Australian customers: These Terms are governed by the laws of New South Wales, Australia
• For New Zealand customers: These Terms are governed by the laws of New Zealand

Dispute Resolution Process

1. Informal Resolution: 30 days of good faith negotiation
2. Mediation: If negotiation fails, either party may request mediation
3. Litigation: If mediation fails, proceed to court

Jurisdiction

• Australian customers: Courts of New South Wales have jurisdiction
• New Zealand customers: Courts of New Zealand have jurisdiction

Your Termination Rights

• You may cancel your account and subscription at any time
• Cancellation requires 30 days written notice
• Your account will be deactivated at the end of the notice period
• Outstanding fees are still due and payable

Our Termination Rights

• We may terminate your account with 60 days notice for convenience
• We may terminate immediately for material breach of these Terms
• We may terminate immediately for illegal activity or abuse
• We may suspend your account for payment failure (72 hours notice)

Effect of Termination

• All rights to use the Service cease immediately
• Outstanding fees remain payable
• 30-day window to retrieve and export your data
• Data export available via CSV and API
• Complete deletion of your data within 90 days after termination
• Unused tokens are non-refundable unless we terminate your account

Amendment Rights

• We may update these Terms at any time
• Material changes require 30 days advance notice via email
• Your continued use after notice constitutes acceptance
• If you disagree with changes, you may terminate your account

Notification Methods

• Email notification to your account administrator
• In-app notifications within the Service
• Updated Terms posted on our website with new "Last Updated" date

Ownership

• Platform and AI Models: Owned by HeyAmara
• Your Customer Data: You retain all ownership rights
• Feedback and Suggestions: Any feedback becomes our property

License Grant

• You receive a limited, non-exclusive, non-transferable license to use the Service
• We receive a license to process your data to provide the Service
• We may use anonymized data to improve our Service

Restrictions

• No reverse engineering, decompiling, or disassembling
• No reselling or sublicensing the Service
• No creating derivative works based on the Service
• No removing proprietary notices or labels
• No unauthorized reproduction or distribution

Service Availability

• No guaranteed uptime unless separately agreed in a written SLA
• Scheduled maintenance announced 48 hours in advance
• Emergency maintenance performed as needed with notice when possible
• We reserve the right to modify features with 30 days notice

Optional SLA (Upon Request)

• Uptime target: 99.5% monthly availability (if agreed separately)
• Planned downtime excluded from SLA calculations
• Support hours: Business days 9am-5pm AEST/NZST
• Response times: Critical (4 hours), High (1 business day), Normal (2 business days)

Customer Support

• Email support available at: support@heyamara.com
• Business hours: Monday-Friday, 9am-5pm AEST/NZST
• Response times vary by subscription tier
• We do not provide support for customizations or integrations unless separately agreed

Routine Maintenance

• Regular updates and patches to improve the Service
• Security updates applied automatically
• Bug fixes and performance improvements deployed as available
• Notice provided for breaking changes that affect your workflow

Suspension Rights

We may suspend your account without prior notice if:

• Payment fails (72 hours notice provided for payment-related suspensions)
• You breach these Terms of Service (immediate for serious breaches)
• Illegal activity or service abuse is detected
• Law enforcement requests suspension
• Security risk or unusual activity is identified

Suspension Effects

• Your access to the Service is temporarily blocked
• Your data remains stored but inaccessible
• Billing may continue depending on the reason for suspension
• Suspension may be lifted upon resolution of the issue

Data Retention

• During Active Subscription: Your data is retained and accessible
• Post-Termination Window: 30 days to export your data
• Final Deletion: Complete deletion within 90 days of account termination
• Legal Requirements: We may retain data if required by law

Data Export

• Data available for export in CSV format
• API access for programmatic data retrieval
• Export available during active subscription and 30 days post-termination

Data Deletion

• Complete deletion of your data after 90 days
• Anonymized data may be retained for analytics purposes
• Deletion complies with APP 11 and IPP 9 requirements

Breach Notification Obligations

• We will notify you within 72 hours of becoming aware of a data breach
• Notification will include details of the breach and affected data
• We will provide information on remediation steps
• We will cooperate with your breach notification obligations

Your Responsibilities

• As Data Controller, you are responsible for notifying affected candidates
• You must comply with OAIC and Privacy Commissioner notification requirements
• You must assess whether the breach poses a serious risk to privacy
• You must keep records of breach notifications sent

Entire Agreement

These Terms of Service, along with our Privacy Policy and any separate written agreements, constitute the entire agreement between you and HeyAmara. These Terms supersede all prior agreements, representations, and understandings, whether written or oral.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. We will replace the invalid provision with a valid one that achieves the same intent.

No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

Excuse from Performance

Neither party is liable for failure to perform their obligations due to events beyond reasonable control, including:

• Natural disasters (earthquakes, floods, hurricanes)
• War, terrorism, or civil unrest
• Government actions, sanctions, or changes in law
• Internet or telecommunications infrastructure failures
• Pandemics or public health emergencies
• Other unforeseen circumstances beyond reasonable control

Notification and Remedy

• The affected party must notify the other party promptly
• Both parties must use reasonable efforts to resume performance
• If force majeure exceeds 30 days, either party may terminate the agreement

Assignment Restrictions

• You may not assign or transfer these Terms without our written consent
• Any attempted assignment without consent is void
• HeyAmara may assign these Terms to affiliates or successors

Change of Control

If your organization undergoes a change of control (acquisition, merger, sale of assets), you must notify HeyAmara within 30 days. We may require a new agreement or updated terms.

Third-Party Integrations

• HeyAmara may integrate with third-party applications and services
• We are not responsible for third-party service availability or performance
• Third-party terms of service apply to their services
• You grant us permission to access third-party services on your behalf
• Data sharing with third parties is subject to your explicit consent

Third-Party Links

• Our Service may contain links to external websites
• We do not endorse or control third-party content
• Your use of third-party sites is entirely at your own risk
• We are not responsible for third-party privacy practices

Beta Features Policy

• We may offer beta, pilot, or experimental features
• Beta features are provided "AS-IS" without warranties
• Beta features may be discontinued or changed without notice
• Feedback on beta features becomes our property
• Beta features may be subject to additional terms

Production Use

• Use of beta features in production is at your own risk
• We recommend testing in non-production environments first
• No SLA or support provided for beta features
• Data loss or corruption from beta features is not our liability

Export Control

• The Service may not be accessed from or exported to embargoed countries
• You represent you are not on any government prohibited party list
• You are responsible for compliance with export control laws
• We reserve the right to suspend access if export violations are suspected

Your Representations

You certify that you will comply with all applicable export and import regulations, including any restrictions on accessing or using the Service based on sanctions or embargo lists.

Feedback Rights

If you provide feedback, suggestions, feature requests, or ideas about HeyAmara:

• We may use them without compensation or attribution
• You grant us a perpetual, irrevocable, worldwide license
• No confidential relationship is created by providing feedback
• We have no obligation to implement your suggestions
• Your feedback may be shared internally or publicly

Your Responsibilities

• You are responsible for maintaining account security
• Keep all passwords confidential and secure
• Do not share login credentials with unauthorized parties
• Notify us immediately of unauthorized access
• You are liable for all activities under your account

Security Features

• We may require multi-factor authentication (MFA) for certain accounts
• Disabling MFA is at your own security risk
• Password reset requests will be verified through your registered email
• Session timeouts protect against unauthorized access

Content You Upload

• You retain ownership of content uploaded to the Service
• You grant us a license to host, store, and process your content
• You represent you have rights to all uploaded content
• We are not responsible for accuracy or legality of your content

Content Removal

• We reserve the right to remove content that violates these Terms
• We have no obligation to monitor content
• Removal does not constitute acknowledgment of liability
• We may disable content pending investigation

Copyright Policy

HeyAmara respects intellectual property rights. If you believe content in the Service infringes your copyright, you may notify us by sending a written notice to: legal@heyamara.com

Required Information

Your notice must include:

• Description of the copyrighted work
• Location of the infringing material within the Service
• Your contact information
• Statement of good faith belief that use is infringing
• Statement that information is accurate
• Your physical or electronic signature

Repeat Infringers

We may terminate the accounts of users who are repeat infringers of intellectual property rights.

Compliance Audits

For enterprise customers, we reserve the right to conduct annual audits of your usage to ensure compliance with these Terms:

• Audits may be conducted up to once per year
• You must provide reasonable cooperation
• Audit costs are borne by HeyAmara unless material non-compliance is found
• If material non-compliance is discovered, you may be required to pay

HeyAmara may offer a referral program that rewards customers for recommending the Service to others. Participation is optional and subject to additional terms that will be provided upon enrollment.

If HeyAmara provides API access to the Service, your use is subject to:

• Documented rate limits and usage quotas
• Restrictions on automated access and scraping
• Requirements to cache responses where applicable
• Prohibition on reverse engineering API functionality

If you are using HeyAmara under a white-label arrangement, additional terms apply. These terms govern the use of our Service with your branding and will be provided separately.

If you are reselling or partnering with HeyAmara to provide the Service to end customers, you must comply with a separate partner agreement. Contact our sales team for details: sales@heyamara.com