Terms of Use

Introduction

Welcome to websites operated by WhoAi Solutions, LLC (“WhoAi”), including https://www.whoai.com and/or https://app.whoai.com (collectively, our “Websites”). WhoAi and any and all entities that control, are controlled by, or are affiliated with WhoAi are collectively referred to herein as “we,” “us,” or “our”.

THESE TERMS OF USE ARE ADDRESSED TO INDIVIDUAL END USERS OF OUR WEBSITES. PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY (Privacy Notice) CAREFULLY BEFORE USING THE WEBSITES. Your use of the Websites signifies your agreement to these Terms of Use and consent to our privacy policy. If you do not agree to these Terms of Use and our privacy policy, you may not use the Websites.

Use of Materials

We or our licensors own all content and materials on the Websites, including, without limitation, all trademarks, service marks, trade names, trade dress, and copyrights. You agree not to sell or modify such content or materials or reproduce, display, publicly perform, distribute, or otherwise use such content or materials in any way for any public or commercial purpose, in connection with products or services that are not those of WhoAi, in any other manner that is likely to cause confusion among consumers, that disparages or discredits us or its licensors, that dilutes the strength of our or our licensor’s property, or that otherwise infringes our or our licensor’s intellectual property rights.

Generative AI and Recordation

You acknowledge and agree that WhoAi may utilize generative artificial intelligence features which are not a human, and you may interact with such features. You acknowledge and agree that WhoAi may record contents of conversations and interactions, including as part of an interview process facilitated via WhoAi artificial intelligence. You acknowledge and agree that WhoAi Websites and artificial intelligence features may involve sharing information, including in real-time, with third parties and WhoAi customers and/or their hiring managers and/or customer affiliates.

Registration Information and Security

By using the Websites, you agree to provide, maintain and update true, accurate, current and complete information about yourself. If you have reason to believe that your account is no longer secure, it is your responsibility to let us know immediately.

We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

Rules

Without limiting the foregoing, you agree you will not:

You agree not to violate or attempt to violate the security of WhoAi.com, including, without limitation:

We may investigate occurrences that may involve violations of the law or of the security of the Websites. We may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

We reserve the right to disclose any information about you or your use of either of our Websites in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.

We cannot and do not assure that other users are or will be complying with the foregoing Rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

We may change the Websites or delete content or features in any way, at any time and for any reason or no reason.

Privacy Policy

We explain ways in which we may use your information in the Privacy Notice. You consent to such use.

Violations

Please report any violations of these terms of use to support@whoai.com.

Compliance with Law

We reserve the right to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Website in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such information/data and turn all or a portion thereof over to law enforcement officials.

Disclaimer

Indemnification

You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s) (in the event that such information is assigned to you), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, attorneys, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of Liability

Arbitration and Waiver of Jury Trial or Class Action

Any dispute, controversy, or claim arising out of or relating to these Terms of Use or your use of our Websites shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall be conducted in Atlanta, Georgia, before a single arbitrator. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

Changes to the Terms of Use

If we make a material change to these Terms of Use, we will post a notice on either of the Websites. Your use of either of the Websites following any such notice will signify and constitute your assent to and acceptance of such revised Terms of Use.

General Provisions

Your use of either of the Websites signifies that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.