Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Aperture ("Aperture," "we," "us," or "our") governing your access to and use of the website located at aperturehq.org and any related services, software, or functionality (collectively, the "Services").

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.

The Services are intended only for individuals who are at least eighteen (18) years old.

For questions regarding these Terms, contact: support@aperturehq.org

Aperture provides an AI-based interview and candidate screening platform designed for business users to conduct interviews and obtain analytical insights regarding candidates.

The Services may include:

• AI-conducted or assisted interviews;
• interview recording (audio and video);
• transcript generation;
• candidate evaluation and scoring;
• behavioral and communication analysis;
• hiring insights and recommendations;
• analytical comparisons between candidates; and
• related reporting tools.

The Services utilize proprietary technologies and third-party artificial intelligence services.

The Services are provided for informational and assistive purposes only.

The Services are intended for business and organizational use only. Aperture does not act as an employer, recruiter, or employment agency.

All hiring and employment decisions remain solely the responsibility of the business using the Services.

Candidates participating in interviews do so at the direction of the business user.

By using the Services, you represent and warrant that:

• you are at least 18 years old;
• you have authority to use the Services on behalf of your organization;
• all information provided is accurate and current;
• your use complies with applicable laws and regulations;
• you have obtained necessary permissions from candidates whose data is processed through the Services.

Aperture may provide access without formal account registration during the MVP phase. Access may be modified, restricted, or discontinued at any time.

You agree not to:

• attempt unauthorized access to systems;
• interfere with operation of the Services;
• circumvent security measures;
• use automated systems to extract data without authorization.

Users may submit or upload:

• resumes and candidate materials;
• job descriptions and hiring data;
• personal information including names, emails, and contact details;
• interview recordings and transcripts.

You represent that you have the lawful right to collect and process such data and to submit it to Aperture.

You remain responsible for compliance with employment, privacy, and data protection laws applicable to your use of the Services.

You acknowledge that:

• data submitted through the Services may be processed by automated systems;
• interview recordings, transcripts, and related data may be used to operate, monitor, improve, and train Aperture's AI models;
• analysis may involve comparison across datasets to improve system performance.

The Services generate automated outputs, analysis, and recommendations.

You acknowledge and agree that:

• AI outputs may contain inaccuracies or limitations;
• outputs are not guarantees or professional advice;
• Aperture does not make hiring decisions;
• businesses must independently evaluate candidates;
• the Services must not be used as the sole basis for employment decisions.

All intellectual property rights in the Services, including software, algorithms, models, designs, and trademarks, remain the exclusive property of Aperture.

Users retain ownership of submitted data but grant Aperture a worldwide, non-exclusive license to use such data for operating and improving the Services.

Any feedback, suggestions, or ideas provided to Aperture may be used without restriction or compensation.

Users agree not to:

• reverse engineer or decompile the Services;
• scrape or extract data;
• use outputs to develop competing systems;
• misuse candidate data;
• submit unlawful or discriminatory content;
• disrupt service operations.

Aperture reserves the right, but not the obligation, to monitor use of the Services for the purpose of operating, maintaining, securing, and improving the Services and enforcing these Terms.

Without limiting any other provision of these Terms, Aperture may, in its sole discretion and without notice:

• investigate suspected violations of these Terms;
• restrict, suspend, or terminate access to the Services;
• remove, disable, or restrict access to any data, content, or materials;
• report suspected unlawful activity to law enforcement authorities;
• take any action deemed necessary to protect the integrity, security, or reputation of the Services.

Aperture has no obligation to monitor user activity or content but may do so for operational, security, or compliance purposes.

Aperture shall not be liable for any loss or damage resulting from enforcement actions taken under this section.

Your use of the Services is also governed by Aperture's Privacy Policy, which describes how personal information and other data are collected, processed, stored, and used.

By using the Services, you acknowledge and agree that:

• personal data, including interview recordings, transcripts, and analytical data, may be processed in accordance with the Privacy Policy;
• data may be processed in jurisdictions where Aperture or its service providers operate;
• Aperture may engage third-party service providers to assist in operating the Services.

You are solely responsible for ensuring that you have obtained any required notices, consents, or authorizations from candidates or other individuals whose data is processed through the Services.

The Services may incorporate, rely upon, or integrate with third-party software, infrastructure, or artificial intelligence services.

Aperture does not control and is not responsible for:

• the availability, accuracy, or performance of third-party services;
• interruptions caused by third-party providers;
• data processing performed by third-party systems in accordance with their own terms and policies.

Use of third-party services may be subject to additional terms imposed by those providers. Aperture disclaims all liability arising from third-party services to the fullest extent permitted by law.

These Terms remain in effect while you access or use the Services.

Aperture may suspend, restrict, or terminate access to the Services at any time, with or without notice, for any reason, including but not limited to:

• violation of these Terms;
• misuse of the Services;
• security or operational concerns;
• legal or regulatory requirements;
• discontinuation of the Services or any feature.

Upon termination:

• your right to use the Services immediately ceases;
• Aperture may delete or disable access to data associated with your use of the Services;
• Aperture shall have no liability for termination or loss of access.

Termination does not limit Aperture's rights or remedies available at law or in equity.

Aperture reserves the right to modify, suspend, or discontinue the Services, in whole or in part, at any time and for any reason without notice.

The Services may experience interruptions, delays, or errors due to maintenance, technical issues, third-party failures, or circumstances beyond Aperture's control.

Aperture shall not be liable for:

• downtime or unavailability of the Services;
• loss of data or functionality;
• any loss or damage resulting from service interruptions or modifications.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APERTURE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• ACCURACY OR RELIABILITY OF AI OUTPUTS;
• UNINTERRUPTED OR ERROR-FREE OPERATION.

APERTURE DOES NOT WARRANT THAT:

• THE SERVICES WILL MEET YOUR REQUIREMENTS;
• AI OUTPUTS WILL BE ACCURATE, COMPLETE, OR UNBIASED;
• THE SERVICES WILL RESULT IN ANY PARTICULAR HIRING OUTCOME.

ALL USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

APERTURE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES;

INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR EMPLOYMENT-RELATED CLAIMS ARISING FROM USE OF THE SERVICES.

IN NO EVENT SHALL APERTURE'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO APERTURE, IF ANY, DURING THE SIX (6) MONTHS PRECEDING THE CLAIM.

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY OF LIABILITY AND EVEN IF APERTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to defend, indemnify, and hold harmless Aperture and its operators, employees, contractors, and affiliates from any claims, damages, losses, liabilities, or expenses (including reasonable attorneys' fees) arising from or related to:

• your use of the Services;
• your hiring or employment decisions;
• your violation of applicable laws or regulations;
• your submission or processing of candidate data;
• your misuse of AI-generated outputs;
• any claim brought by candidates or third parties arising from your use of the Services.

Aperture reserves the right to assume exclusive defense and control of any matter subject to indemnification.

Aperture may maintain data submitted through the Services for operational purposes, including backups and system improvements.

You acknowledge that:

• you are solely responsible for maintaining copies of your data where necessary;
• Aperture does not guarantee preservation or availability of data;
• Aperture shall not be liable for loss, corruption, or deletion of data.

By using the Services or communicating with Aperture electronically, you consent to receive communications electronically, including notices, disclosures, and updates.

You agree that electronic communications satisfy any legal requirement that such communications be in writing.

These Terms constitute the entire agreement between you and Aperture regarding the Services.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Aperture may assign or transfer its rights and obligations under these Terms without restriction.

Failure by Aperture to enforce any provision shall not constitute a waiver of that provision.

For questions or complaints regarding the Services or these Terms, contact support@aperturehq.org