The following terms (“Comeet Additional Service Terms”) supplement Comeet’s Terms of Service (the “Terms”) between you and Comeet Technologies Inc. (“Comeet”, “we”, “our”) and apply to and govern your access and use of additional services and/or features offered by Comeet (“Additional Services”). All defined terms in these Comeet Additional Service Terms shall have the same meaning as in the Terms. References to “you” in these Comeet Additional Service Terms include the legal entity on whose behalf you are acting (the “Organization”), and you represent that you have the authority to accept these Comeet Additional Service Terms on the Organization’s behalf. To the extent of any conflict or inconsistency between the Terms and these Comeet Additional Service Terms, these Comeet Additional Service Terms shall prevail. Your violation of these Comeet Additional Service Terms is a violation of the Terms.

We reserve the right, at our sole discretion, to revise, change and update these Comeet Additional Service Terms at any time. The amended Comeet Additional Service Terms shall be effective 3 days after publication of the new version on the Solution, Website or notified to you by other means. Your continued use of the Additional Services thereafter constitutes your consent to such changes and you agree to be bound by them, therefore, we ask you to check back periodically to review the most updated Comeet Additional Service Terms.

Specific terms:

1. Specific terms for programmatic export

1.1 Programmatic Export feature. By using the feature that allows you to transfer your data (including, personal data) to Third Parties (as defined below) (the “Programmatic Export feature”), you request and instruct Comeet to activate the Programmatic Export feature on Comeet's Solution, so that the Organization (and the Organization's users) will be able to transfer and/or export Programmatic Export Feature Content (as defined below) from Comeet's Solution in a non-encrypted format to third parties (that are not owned or controlled by Comeet) engaged by you (“Third Parties”). For the avoidance of doubt, these Third Parties are not Comeet’s sub-processors, vendors or service providers. We have no control over such Third Parties and, therefore, Comeet does not assume any responsibility or liability for the Programmatic Export Feature Content shared with, and the policies of, such Third Parties, their privacy and data-processing practices, their security practices, their availability commitments and/or for any other act or omission of any Third Party. If you use the Programmatic Export feature to transfer any Programmatic Export Feature Content to Third Parties, you do so at your own risk. Accordingly, we encourage you to be cautious and to read the terms and conditions and privacy policy of each Third Party before activating the Programmatic Export feature. If you have any query or complaint regarding a Third Party, you shall contact the Third Party directly. You assume sole and exclusive responsibility to carry out such actions and compliance checks as you deem appropriate. Comeet shall have no responsibility or liability, regarding your reliance upon, or use of, or transfer of the Programmatic Export Feature Content, the actions or omissions you take (or refrain from taking) in connection with any of the foregoing, or any consequences resulting therefrom. For purposes of these Additional Service Terms, “Programmatic Export Feature Content” means any information, text, data, personal data, messages, sensitive and/or confidential information of your candidates and positions (including, without limitation, salaries and discreet positions) and any other materials uploaded, posted, displayed or otherwise transmitted via the Programmatic Export feature.

1.2 Your Representation. While using the Programmatic Export feature, you (and anyone acting on your behalf) represent, warrant and covenant that: (i) your use the Programmatic Export feature (including, the Content that you decide to share via the Programmatic Export feature) shall be only (a) in accordance with the Agreement and these Comeet Additional Service Terms; (c) in a manner that does not infringe, misappropriate or otherwise violate any of Comeet’s rights or those of any other person or entity; and (d) in a manner consistent with Comeet’s policies; (ii) you are solely responsible and liable to comply with your own obligations under applicable laws, including privacy laws (including, without limitation, transparency requirements, to have a legal basis, legal ground and/or authorization of the data subjects to collect their data and to instruct Comeet to share such data with Third Parties and/or to execute the relevant data-agreements with such Third Parties (when required to you under applicable privacy laws)) and (iii) you shall only share with Comeet correct and accurate details of the credentials of Third Parties. You are solely responsible and liable to ensure that any Third Party network, operating system, servers, databases, and computer systems for which you instruct Comeet to transfer Programmatic Export Feature Content (through the Programmatic Export) is properly configured to secure such Content.

2. Specific Terms for Your Use of Artificial Intelligence features and tools

1. AI Features. The Solution may use, include and/or allow you to use artificial intelligence (“AI”), including, features, tools, systems and/or algorithms (“AI Features”) (including, without limitation, third party artificial intelligence vendors). You acknowledge that any output may not be unique, and that the artificial intelligence features and tools may generate the same or similar output to a third party. “Output” means any data, text, ranking, recommendation, or other result generated or produced by an AI system, including generative AI models that create new content as well as AI systems that analyze existing data to provide functionality like ranking or insights.

2. Use. By using the AI aspects of the Solution, you hereby agree and understand that Comeet may share some data and information (the input) with third party artificial intelligence systems and vendors. You represent, warrant and covenant that you: (i) shall comply at all times with any and all applicable laws related to the use of AI in the Solution, including, without limitation, privacy and AI laws and regulations, such as the New York City Local Law 144 of 2021 (Automated Employment Decision Tools); (ii) have any and all necessary permissions, authorizations, consents and rights to use the AI aspects of the Solution; (iii) shall inform the data subjects (e.g., candidates) that there is or could be an AI processing of their information (including personal data) in accordance with your legal requirements; and (iv) have not and will not infringe, misappropriate or violate third party rights (including without limitation Intellectual Property Rights, and proprietary or privacy rights). You are solely responsible for the outputs, the use of the outputs and deliverables created through the AI and the consequences of such use. Comeet recommends you evaluate the accuracy and fitness of any output and carefully review, and vet the outputs and deliverables created through the AI, and exercising appropriate judgment as you would do with any tip, recommendation and/or suggestion that incorporates material which was not originated by you. Outputs should not be used without appropriate human review and consideration, including, where relevant, as the sole basis for any hiring or employment decision. The use of the AI in the Solution is at your own discretion and risk. You can de-activate the AI Features at any time in the setting options in the Solution.

3. Interview Notetaker and Interview Intelligence Features. If you enable any feature that joins, records, transcribes, summarizes, or generates suggested interview assessments or evaluations for live or recorded interviews or meetings (“Interview Intelligence Features”), you acknowledge and agree that you are solely responsible for providing all notices and obtaining all consents required under applicable laws and regulations before any Interview Intelligence Feature joins, records, or transcribes any meeting or interview, including clearly disclosing that the interview notetaker is an AI tool, and you will use any transcript, summary, recommendation, score, or suggested evaluation generated by an Interview Intelligence Feature solely for lawful purposes and not as the sole basis for any hiring or employment decision.

4. Bias Audit. Comeet conducted a bias audit of its AI Resume Review feature.

5. Intellectual Property. By using the AI Features, you hereby grant Comeet a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, process, reproduce, distribute, adapt, transform, prepare derivative works of, display, and perform the input and the output in order to provide and improve Comeet’s products and services.

6. Warranty Disclaimers. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT WHEN ACCESSING AND/OR USING THE SOLUTION AND/OR USING AI FEATURES: (I) YOU SHALL BE SOLELY RESPONSIBLE AND LIABLE FOR THE INPUT AND THE OUTPUT AND THE CONSEQUENCES OF CREATING, USING, OR SHARING THEM; (II) YOU MAY BE EXPOSED TO OUTPUT FROM A VARIETY OF SOURCES AND FORMS; (III) COMEET IS NOT RESPONSIBLE AND TAKES NO LIABILITY FOR THE ACCURACY, USEFULNESS, INTEGRITY, LAWFULNESS, COMPLIANCE WITH ANY LAWS, REGULATIONS OR LEGAL REQUIREMENTS, TITLE OR INFRINGEMENT, FUNCTIONALITY OR INTELLECTUAL PROPERTY RIGHTS OF, OR RELATING TO, SUCH INPUT AND/OR THE OUTPUT; AND (IV) THE AI FEATURES AND THE OUTPUT ARE PROVIDED “AS IS” AND ”AS AVAILABLE“ AND USE OF THE AI FEATURES AND THE OUTPUT IS AT YOUR SOLE RISK AND FREE WILL, AND THE OUTPUT MAY CONTAIN ERRORS, OMISSIONS, INACCURACIES OR OUTDATED INFORMATION.  YOU HEREBY AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU MAY HAVE AGAINST COMEET WITH RESPECT TO THE AI FEATURES AND/OR OUTPUT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMEET EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. COMEET DOES NOT WARRANT OR REPRESENT THAT ITS ARTIFICIAL INTELLIGENCE FEATURES ARE COMPLIANT WITH ALL ARTIFICIAL INTELLIGENCE LAWS AND REGULATIONS AROUND THE WORLD, AND YOU ARE SOLELY RESPONSIBLE TO CHECK, REVIEW AND ENSURE THAT YOUR USE OF THE AI FEATURES IS COMPLIANT WITH APPLICABLE LAWS AND REGULATIONS IN YOUR JURISDICTION. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT THE USE OF THE SOLUTION IS PERMITTED UNDER APPLICABLE LAWS, REGULATIONS AND LEGAL REQUIREMENTS IN ALL APPLICABLE JURISDICTIONS.

7. Indemnification. You hereby agree to fully defend, indemnify, and hold harmless Comeet and its respective affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including, but not limited to, reasonable attorney’s fees) arising from: (i) your use of the AI, including the AI Features; (ii) the input that you allow Comeet to use in the context of the AI assurance and your use of the outputs; and/or (iii) your violation of third party rights or breach applicable laws.

8. General. Some of the AI Features may use third party AI tools, such as OpenAI. You shall at all times comply with OpenAI policies, including, without limitation, the OpenAI Terms of Use, Sharing and Publication Policy and the Usage Polices. Comeet encourages you to become familiar with such terms and policies before you make use of any such AI Features.

3. Specific terms for your use of Spark Hire features

3.1 Comeet allows you to make use and leverage some features and tools offered by Spark Hire (including, without limitation, videos, recordings, automated reference checks, behavioral tests and skills assessments and the provision of SMS services). Given you will be using these services, tools and features for employment related purposes, you agree to comply with any and all applicable laws (including, without limitation, privacy and employment laws) when implementing and making use of such tools. You shall have all rights, consents and legal bases and legal grounds to collect, use, process and transfer the data in this context. Please note that the use of this feature is not mandatory and you are solely responsible for your own use of such tools. These tools and features are provided “AS IS” and “AS AVAILABLE”. See more information in Spark Hire’s Terms of Use and Privacy and Security Policy.

3.2 SMS Messaging Services. If you enable or use any feature that allows the sending of text messages, SMS messages, or similar mobile messages through or in connection with the Solution, including automated or manually initiated messages, templates, reminders, candidate-status updates, interview scheduling messages, offer-related messages, rejection or hiring notifications, feedback requests, or other communications (the “SMS Services”), you acknowledge and agree that your use of the SMS Services is optional and at your sole discretion and risk. Comeet does not determine whether any message, candidate, recipient list, campaign, consent mechanism, legal basis, message timing, or use case complies with applicable law. Comeet may provide technical functionality intended to support your compliance efforts, but you remain solely responsible for compliance and for all decisions regarding use of the SMS Services.

You are solely responsible for determining whether and how the SMS Services may be used in each applicable jurisdiction and for ensuring that your use of the SMS Services, and the content, timing, recipients, frequency, sender identification, and purpose of any messages sent using them, comply with all applicable laws, rules, regulations, industry standards, carrier requirements, and platform policies, including, without limitation, privacy, data protection, artificial intelligence,  consumer protection and employment laws.

Without limiting the foregoing, you represent, warrant, and covenant that: (i) you have obtained and will maintain all notices, consents, permissions, authorizations, legal bases, and opt-ins required under applicable law to send SMS messages to candidates, prospects, employees, former candidates, and other individuals through the SMS Services; (ii) you will maintain appropriate records evidencing such notices, consents, permissions, authorizations, legal bases, and opt-ins where required by applicable law; (iii) you will honor all opt-out, unsubscribe, withdrawal-of-consent, suppression, deletion, and similar requests in accordance with applicable law and will not send, or instruct Comeet to send, messages to any individual who has opted out or withdrawn consent where such consent is required; (iv) you will not use the SMS Services for marketing, advertising, promotional, discriminatory, unlawful, misleading, deceptive, harassing, abusive, or other improper purposes; (v) all message content you create, edit, approve, or send through the SMS Services will be accurate, lawful, non-discriminatory, non-misleading, and appropriate for the applicable recruiting or employment-related purpose and laws; and (vi) you will comply with applicable restrictions on message timing, including quiet hours, holidays, weekends, and local-time requirements, and you are solely responsible for configuring and reviewing automated messaging rules, recipient time zones, and message schedules.

Any templates, default wording, sample messages, configurations, or other materials made available in the Solution in connection with the SMS Services are provided for convenience only and do not constitute legal advice or a determination that they satisfy your obligations under applicable law. You are solely responsible for determining the appropriate wording for each use case and for reviewing, modifying, translating, and approving such materials before use based on the applicable purpose, use, jurisdiction, and law, as well as your candidate population, message type, and internal policies.

The SMS Services are powered by Twilio as a Subprocessor. You hereby acknowledge and agree to use the SMS Services in strict compliance with Twilio’s Terms of Service Messaging Policy and Acceptable Use Policy. 

You will be solely responsible for, and the indemnification obligations in the Terms will apply to, any claims, losses, investigations, liabilities, fines, penalties, damages, costs, and  expenses (including, lawyers) arising out of or related to your use of the SMS Services and this Section 3.

4. General

4.1 Contact us. If you have any question regarding any of the terms of the Additional Services described here, feel free to contact your account manager and/or to send a request to Comeet to recruit.support@sparkhire.com.