Terms of Service

1. Who these terms are between

These terms are between DIGITSOLUTIONS, a société par actions simplifiée registered with the RCS of Rennes under number 977 519 586, whose registered office is at [[REGISTERED ADDRESS]] ("HireCall", "we", "us"), and the company that opens a HireCall account ("Customer", "you").

HireCall is the trading name under which DIGITSOLUTIONS provides the service.

They apply when you open an account, buy credits, or use the service. If someone accepts them on your behalf, they confirm they are authorised to bind you.

2. What HireCall does

HireCall runs a structured first-screen interview with your job applicants. The interview is conducted by an AI interviewer, by voice, on the candidate's own phone. It runs to at most five questions with one follow-up each, so it takes a few minutes rather than a fixed length. The candidate's speech is transcribed — in the voice mode an audio recording is also kept; in the text-only mode no audio is retained — and you receive a written brief of the evidence for each criterion you set, with each point traceable to the transcript.

What the service does not do, and will not do:

• produce an overall score or fit rating;
• rank candidates against one another;
• reject, filter out or eliminate any candidate automatically;
• analyse tone, accent, emotion or personality;
• ask questions about characteristics protected by law.

These are commitments, not defaults you can switch off. You may not ask us to change them and we will not build around them for you.

3. Credits — how you pay

3.1 The model

HireCall is usage-based. You buy credits and spend them as you hire. There is no subscription, no monthly platform fee and no per-seat charge.

Current packs (prices exclude VAT — see clause 4):

You may open as many roles as you like and give as many colleagues access as you like, at no extra cost. Every feature — briefs, transcripts, exports — is included in every pack.

3.2 When a credit is spent

One credit is spent when, and only when, a candidate completes an interview.

A credit is not spent when:

• an invitation is never opened;
• an invitation is opened but the candidate does not start;
• a candidate leaves before the completion threshold;
• you or a colleague take the interview yourselves to test it before publishing.

A call that drops and is resumed in the same session counts as one interview, not two.

If the interviewer fails, you get the credit back. Where an interview cannot be completed because of a fault in the service, the credit is returned to your balance automatically. You do not have to notice it or ask for it.

⚠️ Must be defined before signature. "The completion threshold" appears on the pricing page and is the single fact that determines whether you are charged. Leaving it undefined makes the central payment term of this contract uncertain, which is a problem in a French court and an obvious question in procurement.

Define it here as a concrete, observable rule — for example: "an interview is complete when the candidate has given a substantive answer to at least [[N]] of the planned questions", or "when the candidate has been in the session for at least [[N]] minutes and answered at least [[N]] questions".

Placeholder: [[COMPLETION THRESHOLD DEFINITION]]

It should also be visible in the product, next to the balance, so a customer can check it against their own records.

3.3 How long credits last

Credits are valid for 12 months from the date of purchase. Each pack and each top-up carries its own expiry date, shown next to your balance. Credits are spent oldest-first, so the ones closest to expiring are used before the ones you bought later.

Expired credits are not refunded and cannot be reinstated.

For review. A 12-month expiry on prepaid credits is commercially normal and lawful between businesses, but it is the clause most likely to cause a dispute, and there are two things worth fixing now rather than later:

• Notice before expiry. Commit to warning the customer a set period before credits lapse — [[EXPIRY NOTICE PERIOD]], suggested 30 days. It costs nothing and removes almost all of the argument.
• Insolvency. Prepaid credits are an unsecured claim if HireCall fails. It does not need saying in the terms, but enterprise procurement will ask, and HireCall should know its answer.

3.4 Auto Top-Up

Auto Top-Up refills your balance automatically. It is off unless you turn it on. If you turn it on, you choose:

• the balance at which it triggers;
• the pack it buys;
• a monthly spending limit, which it will not exceed.

When the limit is reached, Auto Top-Up stops until the next month. You can change the settings or switch it off at any time, and nothing renews on its own.

To confirm. The pricing page shows defaults of a 20-interview threshold, a Core pack refill and a €1,000 monthly limit. Confirm these are the product defaults and whether the monthly limit is a required field or itself defaulted. A spending cap the customer can set to unlimited is not a cap.

3.5 Enterprise terms

Larger customers may agree an annual interview commitment with custom pricing, invoicing on net-30 terms, purchase orders, a service level agreement, named support and custom retention limits. Those are set out in a separate order form, which prevails over these terms where they conflict.

⚠️ Conflict to resolve — now diagnosed. Retention is genuinely configurable per customer in the product, so "custom retention" is a real capability, not puffery. What is wrong is the landing page's unqualified "deleted after ninety days": verified against the product source on 19 August 2026, 90 days is the automatic purge of audio only, while transcripts and briefs are kept for up to 12 months under the product's own consent copy. The landing page must be reworded to state the defaults and the configurability. See candidate-privacy.md and the README.

4. Prices, VAT and payment

All prices exclude VAT. VAT is added at the applicable rate. For business customers established in another EU member state who supply a valid intra-EU VAT number, the reverse charge applies and no French VAT is charged. For customers outside the EU, VAT is handled according to the rules of their country.

HireCall's intra-EU VAT number is [[VAT NUMBER]].

Credit purchases are paid at the time of purchase by card, through our payment provider. We never see or store your full card details. Enterprise customers on invoice terms pay within 30 days of the invoice date.

Late payment on invoice terms carries interest at three times the French legal interest rate, plus the fixed €40 recovery indemnity, as French commercial law provides.

To confirm. Payment provider (understood to be Stripe) and billing provider (understood to be Clerk) must be named and confirmed — see the sub-processor annex in dpa.md, which carries the same flag.

4.1 Refunds

[[REFUND POLICY]]

⚠️ Nothing on the website states a refund position, so there is nothing to draft from. A contract that takes prepayment and is silent on refunds invites the argument. Decide and state it. A defensible position for a business service: unused credits are non-refundable except where required by law or where HireCall terminates without cause, in which case unused, unexpired credits are refunded pro rata. Whatever is chosen must be stated plainly here and must not contradict the pricing page.

5. Your account

You are responsible for what happens under your account: keeping credentials secure, controlling who has access, and removing people who leave. Tell us promptly if you think an account has been compromised.

You must give accurate billing and contact information and keep it current.

6. Your obligations as an employer

This clause is not boilerplate. Much of what HireCall promises candidates publicly can only be true if you do these things, and they are conditions of using the service.

6.1 You are the controller

You decide who is interviewed, why, and what happens next. In data protection terms you are the controller and HireCall is your processor. The Data Processing Agreement at [[DPA URL]] forms part of these terms and applies to all candidate data.

6.2 A human makes every decision

You must ensure that every outcome for a candidate — advancing, holding, rejecting — is decided by an identified person who has read the brief, has the competence and the authority to reach a different conclusion from the one it suggests, and takes other information into account.

You must not configure your process, or instruct your staff, so that a HireCall brief determines an outcome without genuine human assessment.

This matters more than it may appear. Under Article 22 GDPR and the case law interpreting it, an output that a decision-maker follows without real scrutiny can itself be treated as the automated decision — which would expose you as the controller. The service is built so that you do not fall into that position; this clause asks you not to walk into it.

6.3 You tell candidates, before the interview

You must inform each candidate, before they take the interview, that an AI interview will be used, what it assesses, and where to find the candidate privacy notice. HireCall provides the notice; making sure it reaches the candidate in time is yours.

Where local law requires a longer or earlier notice, you must meet it. In particular:

• New York City requires at least ten business days' notice before an automated employment decision tool is used on a candidate, together with information about what is assessed and the data retained.
• Illinois requires notice to applicants and employees where AI is used in recruitment or hiring decisions.

6.4 You offer an alternative

You must offer any candidate who does not want to take an AI interview another way to be assessed, and must not disadvantage them for asking.

Without this, a candidate's consent is not freely given, and the lawfulness of the whole exercise — for you, as controller — is in doubt. It is also expressly required in New York City.

6.5 Your local law obligations

You are responsible for meeting the rules that apply to you as an employer, including:

• bias auditing and publication. Where local law requires an independent bias audit of an automated employment decision tool and publication of a summary — New York City does — that obligation sits on you as the employer.
• works council consultation. In France, introducing a tool of this kind generally requires prior information and consultation of the CSE. Doing it is yours; HireCall will supply the technical information you need.
• biometric consent. In jurisdictions treating voice as a biometric identifier — Illinois most significantly, where written notice and a signed written release are required before collection and individuals may sue directly — you must obtain what the law requires before inviting a candidate covered by it.
• non-discrimination. You remain responsible for the fairness of your hiring process and for the criteria you set.

6.6 What you must not do

You must not:

• use the service for anything other than assessing genuine job applicants for a genuine vacancy;
• set criteria or questions that seek information about protected characteristics, or that act as a proxy for them;
• use the service to monitor existing employees, or for any purpose other than recruitment, without our written agreement;
• attempt to extract a score, ranking or automated rejection from the output, or to use the brief in a downstream system that produces one;
• upload data about anyone who is not a candidate for the role, or special category data;
• resell, sublicense or white-label the service without our written agreement;
• reverse engineer the service, or use it to build a competing product;
• probe or attack the service, or exceed documented rate limits.

For review. The prohibition on downstream scoring in the fifth bullet is the one that makes HireCall's "no score, no ranking" claim survive contact with customers who will otherwise paste briefs into their own models. Consider whether it should also be technically enforced in any API and webhook output.

7. What HireCall commits to

We will:

• provide the service with reasonable skill and care;
• store candidate recordings, transcripts and briefs in the European Union, in accordance with the DPA;
• name every sub-processor in the DPA and tell you before adding one;
• not use candidate data for our own purposes, and not use it to train AI models;
• not produce scores, rankings or automated rejections;
• return the credit where an interview fails through our fault;
• as the provider of the AI system, give you the information you need to meet your own obligations as its deployer, including for a data protection impact assessment.

⚠️ Changed at review — the regional promise. An earlier draft promised to "keep candidate data in the region you selected at setup", mirroring the marketing site. Verified against the product source on 19 August 2026: no region selection exists in the product — storage is EU-only and the in-product consent copy tells candidates so. The bullet above now promises EU storage, which is true. Do not restore region-selection wording until the capability actually ships — and if it ships, the consent copy, the candidate notice and the DPA must change before the first US-hosted interview.

For review — AI Act. An AI system used to evaluate candidates falls within Annex III of the EU AI Act, which makes HireCall its provider and the customer its deployer. The obligations attaching to that classification were deferred by the Digital Omnibus on AI — Regulation (EU) 2026/1744, published in the Official Journal on 24 July 2026 and in force since 27 July 2026: the application date for standalone Annex III systems moved from 2 August 2026 to 2 December 2027 (and to 2 August 2028 for AI embedded in Annex I regulated products).

Two things are not deferred and apply today:

• the Article 5 prohibitions, in force since 2 February 2025 — including inferring emotions in the workplace, which is why the commitment in clause 2 is a legal boundary and not a product preference;
• the Article 50 transparency obligations, live since 2 August 2026, which require a person interacting with an AI system to be informed that they are. The interview's opening disclosure is how HireCall meets this, and it should be treated as a compliance control rather than a piece of UX copy.

These dates were verified against several published analyses of Regulation (EU) 2026/1744 on 19 August 2026; counsel should confirm them against the consolidated text as a matter of course. The practical point for the business: the 2027 date is not a reprieve, because enterprise buyers are asking for provider documentation now.

7.1 Availability

We aim to keep the service available but do not guarantee uninterrupted operation, except where an enterprise order form includes a service level agreement. We will give reasonable notice of planned maintenance where we can.

8. Intellectual property

We own the service and everything in it. You get a non-exclusive, non-transferable right to use it for your own recruitment during the term.

You own your data: your job posts, your criteria, and the candidate data you process through the service. You grant us only the rights needed to run the service for you, as set out in the DPA.

Briefs and transcripts generated for you are yours to use in your hiring process.

We may use aggregated, fully anonymised statistics about how the service is used to operate and improve it. This never includes candidate data, and never anything from which a person or a customer can be identified.

To confirm. Whether HireCall in fact derives such statistics, and how anonymisation is achieved, needs confirming. "Anonymised" has a demanding meaning under EU law; if the data is merely pseudonymised, this clause is wrong and the DPA must cover it as processing.

9. Confidentiality

Each of us will keep the other's confidential information confidential, use it only for the purposes of these terms, and protect it as carefully as our own. This does not apply to information that is public through no fault of ours, already known, independently developed, or required to be disclosed by law — in which case we will tell the other party first, where we lawfully can.

10. Warranties and what we do not promise

We warrant that we will provide the service with reasonable skill and care and that we have the right to provide it.

Beyond that, and to the extent the law allows, the service is provided as is. In particular, we do not warrant that a HireCall interview will identify the best candidate, predict job performance, or produce any particular hiring outcome. The service produces evidence of what a candidate said. What that evidence means, and what you do about it, is your judgement.

Nothing in these terms excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded under French law.

11. Liability

Subject to the paragraph above:

• Neither of us is liable to the other for indirect or consequential loss, loss of profit, loss of business, or loss of anticipated savings.
• Our total liability arising out of or in connection with these terms in any twelve-month period is limited to [[LIABILITY CAP]].

⚠️ To be decided, and it is not a formality. The usual formulation — the greater of the amounts paid in the preceding twelve months or a fixed floor — produces a very low cap here, because a Starter customer pays €99. A candidate data breach affecting thousands of people, or a discrimination claim, is not a €99 risk.

Decide the cap alongside the insurance position, and expect enterprise customers to negotiate it upward. Suggested starting point: the greater of the fees paid in the preceding twelve months and [[FLOOR AMOUNT]], with a separate and higher cap for breaches of the DPA and of confidentiality — which is where the real exposure sits.

Confirm whether professional indemnity and cyber cover are in place, and for how much. See README.

12. Term and termination

These terms run for as long as you have an account.

Either of us may terminate on [[NOTICE PERIOD]] written notice. Either may terminate immediately if the other commits a material breach that is not put right within 30 days of being asked, or becomes insolvent.

We may suspend your account immediately, and tell you why, if we reasonably believe you are using the service in breach of clause 6 — in particular where a candidate may be harmed.

On termination:

• your right to use the service ends;
• you may export your data for [[EXPORT WINDOW]] days;
• candidate data is dealt with under the DPA;
• unused credits are dealt with under clause 4.1;
• clauses on confidentiality, intellectual property, liability and governing law survive.

13. Changes to these terms

We may change these terms. If a change is material, we will tell you at least [[TERMS CHANGE NOTICE]] days beforehand — 30 days is suggested — by email or in the product. If you do not accept it, you may terminate before it takes effect and we will refund unused, unexpired credits.

Credits already bought are governed by the price and expiry that applied when you bought them.

14. General

Assignment. Neither of us may assign these terms without the other's consent, except to a group company or in connection with a sale of the business.

Subcontracting. We may use sub-processors, as set out in the DPA.

Force majeure. Neither of us is liable for a failure caused by something genuinely beyond our reasonable control.

Entire agreement. These terms, the DPA and any order form are the whole agreement between us on this subject.

Severability. If a clause is unenforceable, the rest stands.

No waiver. Not enforcing something once does not mean giving it up.

15. Governing law and jurisdiction

These terms are governed by French law.

Any dispute relating to them, including their existence, validity or termination, falls to the exclusive jurisdiction of the courts of Paris.

16. Contact

[[LEGAL CONTACT EMAIL]] DIGITSOLUTIONS, [[REGISTERED ADDRESS]], France

Last updated: [[PUBLICATION DATE]]