These Customer Terms of Service (the "Customer Terms") govern the access and use of the Avrio hiring platform by employers, recruiters, staffing firms, SMB’s and enterprise organizations ("Customer").
Order of Precedence: If Customer has executed a separate signed Master Services Agreement, Order Form, or Data Processing Addendum (DPA) with Avrio, that signed Customer Agreement controls over these online terms where they conflict.
1. Customer Accounts & User Responsibilities
Customer is responsible for all activity under its user seats and administrator accounts. Customer must keep their users' credentials secure, use multi-factor authentication where Avrio offers it, and promptly remove departed team members.
2. Mandatory Employer Compliance Duties
Customer agrees to:
- Keep a Human in Every Hiring Decision: Scores and rankings are recommendations. A qualified human recruiter or hiring manager must review candidates and make every rejection or hiring decision. Machine-only rejections or hires are strictly prohibited. Customers are strongly advised to maintain auditable logs of human review workflows to support compliance with the EU AI Act and EEOC requirements.
- Employment & AI Law Compliance: Comply with all employment, anti-discrimination, and local automated employment decision tool (AEDT) regulations in Customer's operating jurisdictions. Customer is responsible for candidate notices and public audit posting requirements required of employers in its jurisdictions.
- Data Boundary & Usage: Use candidate data solely to evaluate candidates for the specific roles applied to or matched; Customer may not build separate off-platform databases, resell candidate profiles, profile candidates for unrelated purposes, or use candidate data for training data purposes.
3. Data Ownership & Customer Records
- Customer Data: Customer owns its job descriptions, requisitions, and hiring notes.
- Candidate Data Role: For candidate data in Customer's hiring workflow, Customer acts as Controller and Avrio acts as Processor under the Avrio DPA.
- Record Keeping: Candidate evaluation records in Customer's account are retained for at least 2 years to support statutory equal employment opportunity recordkeeping obligations (EEOC/Title VII).
4. Fees, Invoicing & Placement Attributions
- Payment Terms: Invoiced fees are due within 30 days of invoice. Where Customer's plan is charged to a saved payment card, charges are made to that card when they become due. Unpaid balances accrue interest at 1.5% per month.
- Placement Fees & 12-Month Window: Where Customer's plan includes fee-per-hire pricing, placement fees apply only to candidates newly introduced or actively engaged via the platform who were not already in Customer's active pipeline. A hire is attributable to Avrio if the qualifying candidate was surfaced, matched, or interviewed via the platform and hired by Customer (or an affiliate) within 12 months of first introduction. Moving candidates off-platform does not excuse placement fee obligations.
5. Service Levels, Security & Confidentiality
- Availability Target & Service Credits: Avrio targets 99.5% monthly availability, excluding scheduled maintenance. If monthly availability falls below 99.5%, Customer is entitled, upon written request, to receive service credits as its sole and exclusive remedy: a 10% credit of monthly fees for availability between 99.0% and 99.4%, and a 25% credit for availability below 99.0%.
- Security & Confidentiality: Each party will protect non-public business and technical information with reasonable care. Avrio maintains multi-tenant data isolation, encryption in transit (TLS 1.2+ via SSL) and at rest, and administrative safeguards. The platform is hosted on secure Amazon Web Services (AWS) or Microsoft Azure infrastructure certified under industry compliance standards including ISO/IEC 27001, ISO/IEC 27017, ISO/IEC 27018, and SOC 2 Type 2.
- Algorithmic Fairness & Safeguards: Avrio conducts periodic fairness and bias testing on its scoring models to ensure algorithmic integrity. Avrio's algorithms explicitly do not consider protected characteristics, process candidate names, rank universities, or use location data for socio-economic evaluation. Work authorization status is collected solely to confirm legal job eligibility. Avrio does not generate or process voiceprints, biometric templates, or voice pattern identifiers.
6. Liability, Indemnification & Jurisdiction
- Limitation of Liability: AVRIO'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS AND OBLIGATIONS ARISING FROM OR RELATED TO THE SERVICES OR THIS AGREEMENT—INCLUDING, WITHOUT LIMITATION, CLAIMS OR OBLIGATIONS RELATING TO CONFIDENTIALITY, DATA PROTECTION, SECURITY, AND INDEMNIFICATION—WILL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO AVRIO IN THE 12 MONTHS PRECEDING THE CLAIM.
- Customer Indemnity: Customer will defend and indemnify Avrio against third-party claims arising from Customer's hiring decisions, employment practices, or job listings; except to the extent the claim arises directly from a third-party claim that Avrio's scoring models or platform algorithms violate applicable law or infringe third-party IP.
- Avrio IP Indemnity: Avrio will defend Customer against third-party claims alleging that the core platform infringes third-party IP rights.
- Governing Law & Disputes: Governed by the laws of the State of Delaware. Disputes will be resolved in state or federal courts located in Delaware.