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ProbixProbixby Focovi

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 number is accurate and belongs to the candidate; and you will not submit numbers for marketing purposes. Probix sends SMS only to candidates who have explicitly opted in through a Probix-hosted consent page or through a verified employer application flow that named Probix as a recipient. SMS is never the first contact channel and is never used to solicit consent.

SMS messages include interview invitations, up to two expiration reminders, and a submission confirmation. Message frequency varies based on interview and application status. Message and data rates may apply. Candidates may reply STOP at any time to opt out. Reply HELP for assistance.

Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties.

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