GigaQualify — Customer Terms of Service

Version 2.4 · Effective 2 October 2026

These Terms are between Giga Techspace Inc., 111 Congress Ave, Suite 500, Austin, TX 78701, USA ("we") and the organization accepting them ("Customer", "you"). The person accepting confirms authority to bind the Customer. Legal notices and privacy requests: legal@gigatechspace.com.

1. Service and free tier

GigaQualify conducts AI voice interviews and provides transcripts and AI-generated assessments of role-related answers. You approve the role's main questions and assessment criteria, including any starting templates. AI may generate follow-up questions that you have not individually approved. Reports are generated automatically; Giga Techspace Inc. does not routinely review each report before delivery.

The free tier is available within the features, usage limits and eligibility conditions described in the free-plan offer on gigaqualify.com. Those features, limits and conditions form part of these Terms. We may update the offer for future activations. For existing Customers, we will give at least 30 days' notice before materially reducing free access, except where earlier action is necessary for law, security or misuse under section 4. Changes apply prospectively and do not remove applicable retention or export obligations for existing records.

There is no automatic conversion to a paid subscription or automatic charge. Any paid service requires separately accepted pricing and terms. The free tier has no guaranteed uptime or service-level commitment.

These Terms include the Data Processing Schedule below. The recruitment settings agreed through the service or in writing form part of our instructions: the relevant roles and locations, candidate contact, CV source, and retention schedule. You do not need a separate signed data-processing agreement to accept this Schedule. Any additional transfer agreement required by law remains necessary.

For GigaQualify, these Terms prevail over inconsistent general platform terms of Giga Techspace Inc. Other services offered by Giga Techspace Inc. remain subject to their own terms. The Data Processing Schedule prevails on personal-data matters. The GigaQualify Privacy Policy explains our handling of personal information. Candidates have separate Candidate Participation Terms.

2. Recruitment responsibilities and supported use

GigaQualify is offered for recruitment in the United States and Canada, subject to applicable requirements and the location review described here. You must identify the relevant work and recruitment locations before using the service. Availability of the tool does not establish that a particular recruitment process is legally ready to use it.

Obtain confirmation from Giga Techspace Inc. before use for a position based at least partly in a New York City office, a remote position associated with one, or use by an NYC employment agency. Candidate residence in NYC alone does not trigger this service restriction. Employer operations, a work location or a candidate resident in Québec require a scope review before use. EEA or UK recruitment also requires separate confirmation. These service conditions do not require you to exclude candidates from recruitment because of where they live.

You must:

• select job-related criteria, review the main questions and assess whether the interview is appropriate for the role;
• provide your own required applicant privacy information and AI notices through your recruitment process, and complete any required audits or assessments; GigaQualify does not collect or display a link to your privacy notice;
• appoint a human reviewer who examines the report and relevant evidence, can correct or disregard it, and makes each screening, advancement and hiring decision;
• provide a workable alternative assessment and reasonable accommodations where required; do not penalize a candidate merely for requesting either;
• have authority and an appropriate legal basis to provide and process applicant information; your acceptance of these Terms is not candidate consent;
• protect account access, limit records to authorized recruitment staff, and notify us promptly of errors, incidents, complaints or preservation requirements;
• provide accurate information needed to set retention periods, tell us when recruitment closes or a relevant decision is made, and meet your own employment-record obligations.

If you connect an applicant tracking system (ATS), you instruct us to retrieve CVs, names and email addresses, and the identifiers needed for the recruitment processes you select. You must meet applicable notice and legal-basis requirements before transferring those records. Connecting an ATS does not constitute a candidate's consent to an AI interview. We wait for the candidate's interview consents before using the CV with AI to prepare personalized questions or assess the candidate. Retention also covers imported records where an interview is declined or never started. Your own ATS copies remain under your control.

Do not use a score as the sole basis for a hiring decision, create automatic rejection or advancement rules, discriminate, infer protected characteristics, or use candidate interview content for marketing. Do not ask GigaQualify to check criminal, credit, immigration or medical history. Reports do not verify identity, employment history, professional licensing or competence to perform regulated work.

These responsibilities do not transfer the legal obligations of Giga Techspace Inc. to you. Human review does not by itself exempt either party from AI, privacy or discrimination laws.

3. Content, confidentiality and permitted use

You retain your rights in the content you provide. We retain our rights in the service, templates and software. You may use reports for lawful recruitment and recordkeeping, subject to candidates' rights. We may process your content only to provide, secure and support the service, follow your lawful instructions and comply with applicable law.

Each party will protect the other's non-public information and disclose it only to authorized people and providers who need it and are bound by confidentiality, or as legally required. Where permitted, the receiving party will notify the other before a compelled disclosure.

Candidate information will not be sold, used for marketing by Giga Techspace Inc., used to create a talent pool, combined across customers to profile candidates, or used to train or fine-tune AI models. We use AI services with training on candidate content disabled and do not authorize providers to use that content for model training. Limited troubleshooting remains restricted to the service purpose. No-training settings do not mean that providers retain no information to deliver or protect their services.

We may use business-account and non-candidate usage information to administer the relationship and understand business interest in the services of Giga Techspace Inc. Promotional communications follow the choices in the Privacy Policy. Candidate invitations and interview notifications are not marketing channels.

4. Retention, export and termination

Before we collect or import candidate records for a recruitment, we establish its retention schedule with you. It accounts for the recruitment purpose, relevant federal, state or provincial requirements, the records used in decisions, candidates' access and challenge rights, and any documented preservation obligation. The schedule identifies the covered records, retention period and the event from which it runs. Audio is not automatically exempt from employment-record requirements.

The schedule also covers records imported from an ATS and incomplete or declined interviews; their retention cannot depend indefinitely on an interview that never happens. We provide relevant retention information to candidates before they agree to the interview. We review records when their purpose ends and delete or return them when no justified retention requirement remains.

A legal obligation, pending rights request, investigation or documented legal claim may require particular records to be preserved beyond the ordinary schedule. We restrict preserved records to that purpose and review whether continued retention is necessary. Expiry of the free allowance or withdrawal of interview consent does not cancel a separate lawful preservation requirement. We will not follow a deletion instruction that would breach our applicable obligations.

During the applicable retention period, you may request an export. Provider-held copies are addressed through the applicable service settings, deletion processes and lawful retention requirements.

You may stop using the service at any time. We may suspend access to address misuse, security issues, legal requirements or a material breach. We may end free service on 30 days' notice, or sooner where necessary to address those issues. We will arrange a reasonable export opportunity where legally and technically possible. Ending access does not cancel confidentiality, data-protection or preservation obligations.

5. Service limits and liability

AI transcripts and assessments can be incomplete or inaccurate. Scores describe evidence from an interview; they do not establish a person's overall ability or predict job performance. Subject to non-excludable obligations, the free service is provided "as is" and "as available", without warranties of fitness for a particular purpose, accuracy or uninterrupted availability.

To the extent permitted by law, Giga Techspace Inc. is not liable to the Customer for indirect or consequential loss or lost profits. The total aggregate liability of Giga Techspace Inc. to the Customer arising from GigaQualify is limited to the greater of USD 1,000 and fees paid or payable for GigaQualify in the preceding 12 months. These limitations do not apply to fraud, intentional misconduct, gross negligence or liability that cannot lawfully be limited. They do not limit candidates' statutory rights or a regulator's powers. A separately accepted paid agreement may establish different terms for paid use.

6. Changes and governing law

We will notify your account contact at least 30 days before materially changing these Terms, unless an earlier change is necessary for law or security. New paid use requires separately accepted terms. Material new uses of candidate information require an appropriate legal basis and notice or consent; posting revised Terms alone does not authorize them.

Texas law governs this business agreement, excluding conflict-of-law rules. Disputes between the parties are subject to the state or federal courts in Travis County, Texas. Mandatory privacy, employment and other applicable laws continue to apply. Unenforceability of a provision does not invalidate the remainder. Neither party may assign this agreement in a way that reduces its data-protection obligations.

Data Processing Schedule

Scope and roles. You determine the recruitment purpose and Giga Techspace Inc. acts as your processor or service provider. Processing includes collecting candidate identifiers, CVs and responses; preparing, conducting and transcribing interviews; generating role-related assessments; and delivering, securing, supporting, exporting and deleting those records. It lasts for the period determined under section 4. Data subjects are applicants and participating recruitment staff. Free text may incidentally include sensitive information, which must not be solicited for scoring. Giga Techspace Inc. separately determines the purposes of business-account administration, essential security and its permitted business communications.

Instructions and confidentiality. These Terms, agreed recruitment settings and subsequent documented lawful requests are your instructions. We will notify you if we consider an instruction unlawful and pause affected processing. Authorized personnel, including the development and support team in the European Union, must have a need for access and be bound by confidentiality. We will not disclose your data except on your instructions, to authorized providers, or as required by law.

Protection and incidents. We will maintain technical and organizational measures appropriate to the data and processing risks, including access restrictions, separation between customers, protected report access and processes for secure transfer, storage and deletion. We will notify you without undue delay after becoming aware of a personal-data breach affecting your data, provide available facts and updates, and cooperate with containment and required notifications. A complete investigation is not a prerequisite to initial notice.

Providers and transfers. You give general written authorization for the hosting, database, AI, voice, email and support providers described in the Privacy Policy and provider information made available for the service. We will provide their current identity and processing information on request, bind subprocessors to appropriate processing and confidentiality obligations, remain responsible for their performance of our data-protection duties, and give at least 15 days' prior notice of a proposed addition or replacement of a subprocessor. You may object on reasonable data-protection grounds within that period. If we cannot resolve an objection, we will stop the affected processing and allow you to end the affected service. We will put legally required international-transfer safeguards in place before a restricted transfer; this Schedule does not substitute for them.

Assistance and oversight. We will reasonably assist with access, correction and deletion requests, required assessments and audits, breach response and applicable AI transparency duties, taking account of the processing and information available to us. We will provide compliance information and permit proportionate reviews and audits, subject to confidentiality and protection of other customers' information. You may take reasonable steps to stop and remedy unauthorized processing. We will tell you if we can no longer meet applicable data-protection obligations.

California. Where the CCPA applies, the specific business purposes are the interview-processing activities stated in this Schedule. We will provide the required level of privacy protection, will not sell or share Customer personal information for cross-context behavioral advertising, and will not retain, use or disclose it outside these purposes or the direct business relationship except as the law permits. We will not combine it with other customers' information or information collected through our own interactions except as permitted by the CCPA. Corresponding obligations apply to our subprocessors. We certify that we understand and will comply with these restrictions.

End of processing. At your choice, we will return or delete candidate data and delete remaining copies, requiring corresponding action by our subprocessors, subject to applicable legal preservation.