Terms of Service
1. Introduction
These Terms of Service govern your use of Probix, an AI interview intelligence platform operated by Focovi LLC. By creating an account or using Probix, you agree to these terms.
Effective date: April 19, 2025
Questions? Contact us at legal@probix.app.
2. Who may use Probix
Probix is a B2B platform. Only hiring organizations may register for an account. Candidates participate via a unique invite link and do not need an account.
By registering, you confirm that you are authorized to act on behalf of your organization and to bind it to these terms.
3. What Probix does
Probix conducts AI-powered voice interviews and generates evidence briefs - structured summaries of candidate performance against defined competencies. Probix is an intelligence tool, not a decision-maker.
All recommendations produced by Probix require human review before any hiring decision is made. Probix does not make autonomous hiring decisions.
4. Acceptable use
Probix may only be used for legitimate employment evaluation. You may not:
- Ask questions prohibited by applicable employment law. Probix enforces a built-in blocklist and will not conduct interviews containing illegal questions.
- Make automated hiring decisions without human review of AI-generated output.
- Use candidate data for any purpose other than evaluating that candidate for employment.
- Resell, white-label, or sublicense Probix without a written partner agreement with Focovi LLC.
5. Candidate treatment
You are responsible for obtaining all legally required consents and disclosures before submitting a candidate to Probix. Candidates must be informed that AI interviewing is part of your hiring process.
Interviews are recorded with the candidate's explicit consent, obtained before the session begins. Recordings are shared with authorized users in your organization for evaluation purposes and are automatically deleted after 90 days. You agree to handle interview recordings in compliance with all applicable employment and privacy laws, including any two-party consent recording requirements in your jurisdiction.
Laws such as the New York City Local Law 144, the Illinois Artificial Intelligence Video Interview Act, and similar regulations may require additional candidate disclosures or audit rights. Compliance with applicable local, state, and federal law is your responsibility. Probix does not provide legal advice.
6. SMS communications
By submitting a candidate's phone number, you confirm: the candidate has consented to receive SMS from your hiring process; the number is accurate and belongs to the candidate; you will not submit numbers for marketing purposes. Probix sends one transactional SMS per candidate invite. No marketing SMS is ever sent.
7. Billing
Probix charges per completed interview, defined as an interview for which an evidence brief has been successfully generated. Interviews that are disqualified by fraud detection or that fail to complete are not billed.
Failed or overdue payments will pause the creation of new interviews. Interviews already in progress at the time of a payment failure will not be interrupted.
8. Data and privacy
Use of Probix is also subject to our Privacy Policy, which is incorporated into these terms by reference.
In the context of data protection law, you are the data controller and Focovi LLC is the data processor. A Data Processing Agreement (DPA) is available on request at legal@probix.app.
9. AI disclaimer
AI-generated outputs, including competency scores and evidence briefs, may contain errors or omissions. They are inputs to human judgment, not final determinations. Focovi LLC is not liable for hiring decisions made based on Probix output.
10. Limitation of liability
Focovi LLC's total liability to you for any claim arising from your use of Probix is capped at the fees you paid in the three months preceding the claim. In no event will Focovi LLC be liable for indirect, incidental, special, or consequential damages, including lost profits or loss of data.
11. Termination
Either party may terminate these terms with 30 days' written notice. Focovi LLC may terminate immediately for material breach of these terms, including misuse of candidate data or unauthorized resale. Upon termination, your data will be deleted in accordance with the retention schedule in our Privacy Policy.
12. Governing law
These terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. Any dispute arising from these terms will be resolved by binding arbitration under the rules of the American Arbitration Association.
13. Contact
Focovi LLC
legal@probix.app