Terms of Service

These Terms of Service form a binding agreement between Miracle Offers LLC ("InstaCruit", "we", "us") and the organisation that creates an account ("Customer", "you"). By creating an account, clicking to accept, or using the service, you agree to these terms. If you are accepting on behalf of an organisation, you confirm that you have authority to bind it.

If you do not agree, do not use the service. Our Privacy Policy is incorporated into these terms by reference.

These terms do not apply to job applicants. Applicants interact with InstaCruit at the invitation of an employer, and their relationship is with that employer.

InstaCruit is a hosted software platform for screening job applicants. Depending on your plan and configuration, it can:

• Publish job postings and collect applications, including resumes
• Run live AI voice interviews in the candidate's browser
• Run asynchronous video interviews where the candidate records answers to set questions
• Record, store and transcribe interview sessions
• Produce AI written assessments, scores, strengths, weaknesses and suggested follow up questions
• Track applicants through a pipeline, with notes, tags and automated workflow steps you configure
• Sync with third party applicant tracking systems that you connect

The service is provided as software as a service. We may change, add or remove features. We will not materially reduce the core functionality of a paid plan during a paid term without notice.

• You must provide accurate registration information and keep it current.
• You are responsible for all activity under your account and for the acts of your users.
• You must keep credentials confidential, and you must not share logins between people. We strongly recommend enabling two factor authentication for every user.
• You must tell us promptly at [email protected] if you suspect unauthorised access.
• You are responsible for removing access when a user leaves your organisation.
• Accounts are for organisations engaged in genuine hiring. You must be legally able to enter a contract in your jurisdiction.

You must not, and must not permit anyone else to:

• Use the service to discriminate against applicants on the basis of race, colour, national origin, sex, gender identity, sexual orientation, pregnancy, religion, age, disability, genetic information, veteran status, or any other characteristic protected by applicable law
• Configure interview questions that solicit protected characteristics, or use assessment output as a proxy for them
• Upload candidate data that you do not have a lawful basis to process, or that you obtained by scraping or purchase without consent
• Post fake, deceptive or bait job listings, or use the service to harvest resumes without a genuine open role
• Scrape, crawl or bulk extract data from the service other than through the interfaces we provide
• Reverse engineer, decompile or attempt to derive the source code, models, prompts or underlying algorithms
• Resell, sublicense or provide the service to a third party as your own product without a written agreement with us
• Circumvent usage limits, credit metering, rate limits or access controls
• Probe or test the security of the service except under the responsible disclosure terms on our security page
• Upload malware, or content that is unlawful, infringing, defamatory or harassing
• Use the service to build a competing product, or to benchmark it for publication without our written consent

We may suspend an account immediately if we reasonably believe it is being used in breach of this section, or in a way that puts candidates, other customers or the service at risk.

You are responsible for telling applicants, before they take an interview, that they will be interviewed and assessed by an AI system, and for obtaining any consent or providing any notice your law requires. The platform presents an in product consent step before recording begins, and that step is a control, not a substitute for your own notices and privacy statements.

You must offer applicants a reasonable alternative process where the law requires one, for example as a disability accommodation.

You are the data controller for your applicants. InstaCruit is your processor. You decide which roles to post, which questions to ask, how to weigh an assessment and who to hire. That means the following are your responsibility, not ours:

• Employment law. Equal opportunity law, pay transparency law, right to work checks, records retention and any sector specific rules that apply to you.
• New York City Local Law 144. If you use an automated employment decision tool for a role in New York City, you are responsible for commissioning the annual independent bias audit, publishing the summary of results, and giving candidates the required 10 business day notice.
• Illinois Artificial Intelligence Video Interview Act. If you use AI to analyse video interviews of Illinois applicants, you are responsible for the required explanation, consent, sharing limits and destruction of video within 30 days of a request.
• Colorado AI Act and similar state laws. As the deployer of a high risk system, you are responsible for the risk management programme, impact assessments, candidate notices and any disclosure obligations these laws place on deployers.
• EU AI Act. AI systems used for recruitment and candidate evaluation fall within the high risk category. As deployer you are responsible for the deployer obligations, including human oversight, informing affected workers and candidates, and keeping logs. We will provide the technical information reasonably needed to support you.
• GDPR and equivalent laws. Establishing your legal basis, issuing privacy notices, handling data subject requests and completing any data protection impact assessment.

InstaCruit provides tooling, not legal advice. Nothing on this site, in the product, or in any support conversation is legal advice, and no feature guarantees compliance with any law. Take your own advice before deploying automated screening. If you need a data processing agreement, request one at [email protected].

The scores, summaries, strengths, weaknesses, criterion ratings and suggested questions the platform produces are generated by large language models. They are probabilistic. They can be wrong, inconsistent between runs, incomplete, or confidently mistaken, and they can reflect biases present in the underlying models or in the material you supply.

• AI output is decision support. It is not a hiring recommendation, an endorsement, or a statement of fact about a candidate.
• You must not use AI output as the sole basis for rejecting, advancing or hiring anyone. A qualified human must review the underlying transcript or recording before any adverse decision.
• You must not use scores to rank or filter candidates automatically without human review of the result.
• Transcripts are machine generated and may contain errors, particularly with accents, background noise and technical terminology.
• "Knockout" rules that you configure cause an application to be flagged for your review, never rejected automatically. You choose those rules, you are responsible for their fairness and lawfulness, and a member of your team makes every rejection decision.

You are responsible for maintaining meaningful human oversight of every decision made with the help of the service.

The service is sold on a plan basis. An "AI interview" is the unit we meter. The plan structure at the date of these terms is:

• Free plan. The 3 included AI interviews are a one time allowance, not a monthly one. Once used, they do not reset.
• Metering. An interview is counted when an AI interview session is started. If your organisation has no remaining allowance and no overage eligible plan, the platform will block the session rather than charge you by surprise.
• Overage. On paid plans, interviews beyond your monthly allowance are billed at the per interview rate above.
• Optional paid analysis. Some advanced features, such as behavioural analysis of video answers, consume separate credits. Their cost is shown before you run them.
• Payment. Subscriptions are billed monthly in advance through Stripe. You authorise us to charge your payment method for subscription fees and any overage. Fees are exclusive of taxes, which you are responsible for unless we are required to collect them.
• Non payment. If a payment fails we may suspend access until the balance is settled.
• Price changes. We may change prices with at least 30 days notice by email. Changes take effect at your next renewal, and you can cancel before then.
• Cancellation. You can cancel at any time. Cancellation takes effect at the end of the current billing period and you keep access until then.

Current pricing is always the pricing published on our pricing page. If it differs from the table above, the pricing page governs.

Fees are non refundable except where required by law or where we agree otherwise in writing. We do not provide pro rata refunds for partial months, unused interviews or downgrades. If the service is materially unavailable for a sustained period due to our fault, contact [email protected] and we will consider a credit in good faith. We do not currently offer a contractual uptime service level agreement.

The service, including its software, interfaces, prompts, scoring methodology, documentation, branding and everything else we supply, is owned by InstaCruit or its licensors. We grant you a non exclusive, non transferable, revocable licence to use the service during your subscription, for your own internal recruitment.

You may not copy, modify, distribute, sell or create derivative works of the service, and you may not remove our notices or branding except where the product provides a branding feature.

If you send us feedback or suggestions, we may use them without restriction and without owing you anything. Feedback is given voluntarily.

You own your data. Candidate records, resumes, recordings, transcripts, notes, job descriptions and everything else you or your applicants put into the service remain yours. We claim no ownership of it.

You grant us a limited, worldwide, non exclusive licence to host, store, transmit, process and display that data, and to disclose it to the sub-processors listed in our Privacy Policy, for the sole purpose of providing, securing and supporting the service to you. The licence ends when the data is deleted.

We do not train AI models on your data. We do not build, fine tune or train models on customer or candidate data, and we do not sell or license it. We use our AI providers through their API and business offerings, under which content submitted through the API is not used to train their models by default.

We may generate aggregated, fully anonymised statistics about platform usage, for example total interviews run across all accounts, provided they cannot identify you, your candidates or your organisation.

You warrant that you have the rights and the lawful basis to submit the data you submit, and that doing so does not infringe anyone's rights.

The service can connect to third party systems that you choose to enable, such as applicant tracking systems, calendars and background check providers. When you connect one, you authorise us to exchange data with it on your behalf. Those services are governed by your agreement with their provider, not by these terms, and we are not responsible for their availability, accuracy or security.

Each party may receive information the other treats as confidential. The receiving party will use it only to perform under these terms, will protect it with at least reasonable care, and will not disclose it except to employees, contractors and advisers who need it and are under similar obligations. This does not cover information that is public through no fault of the receiving party, was already known to it, or is independently developed. A party may disclose confidential information if legally compelled, after giving notice where it is permitted to do so.

We will provide the service with reasonable skill and care. Beyond that, and to the maximum extent permitted by law, the service is provided "as is" and "as available", without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non infringement and accuracy.

We specifically do not warrant that:

• The service will be uninterrupted, timely, secure or error free
• AI generated scores, transcripts or assessments will be accurate, complete, unbiased or suitable for any particular decision
• The service will identify the best candidate, or any qualified candidate
• Use of the service will make you compliant with any law or regulation

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill or loss of data, even if advised that such damages were possible.

Our total aggregate liability arising out of or relating to these terms or the service is limited to the greater of one hundred United States dollars or the total fees you paid us in the twelve months immediately before the event giving rise to the claim.

These limits do not apply to a party's fraud, wilful misconduct, or any liability that cannot be limited by law. They apply to the fullest extent permitted even if a limited remedy fails of its essential purpose.

You accept that hiring decisions carry legal and commercial risk, that you retain control of those decisions, and that our liability for the outcome of a decision you make is limited as set out above.

You will defend, indemnify and hold harmless InstaCruit, its officers, employees and contractors against any claim, demand, loss, liability, fine or expense, including reasonable legal fees, arising from:

• Your use of the service in breach of these terms or of any law
• Any hiring, rejection or employment decision you make
• Any claim by an applicant or employee relating to discrimination, notice, consent or automated decision making in your process
• Data you submitted without a lawful basis or without necessary rights
• Your failure to meet your obligations under section 5 or section 6

We will notify you of any claim, allow you to control the defence, and cooperate reasonably. You may not settle a claim in a way that imposes an obligation or admission on us without our consent.

• These terms run from account creation until terminated.
• You may terminate at any time by cancelling your subscription and closing your account.
• We may terminate or suspend for material breach, for non payment, or where required by law. Where practical we will give notice and a chance to fix the problem.
• We may discontinue the service entirely on 30 days notice, with a pro rata refund of prepaid fees for the unused period.
• Data export. Before termination, export what you need using the export features in the product. If you need a bulk export, request it at [email protected] before your account closes.
• Data deletion. When an organisation account is deleted, its jobs, candidates, applications, interviews, transcripts and assessments are deleted with it. Interview recordings are already deleted automatically 15 days after the interview. Backups held by our infrastructure providers expire on their own rolling schedule. We may retain billing records where law requires.
• Sections 10, 11, 13, 14, 15, 16 and 18 survive termination.

These terms are governed by the laws of the State of California, United States, without regard to its conflict of laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

The United Nations Convention on Contracts for the International Sale of Goods does not apply. Where mandatory consumer or local law gives you rights that cannot be waived, this section does not override them.

Before filing a claim, please contact us and give us 30 days to resolve the issue informally.

We may update these terms. The date at the top reflects the current version. For material changes we will give account owners at least 30 days notice by email or in product. Continuing to use the service after a change takes effect means you accept the updated terms. If you do not accept them, cancel before they take effect.

• Support and billing: [email protected]
• Legal and contract notices: [email protected]
• Privacy and data processing agreements: [email protected]

Notices by post: Miracle Offers LLC, 340 S Lemon Ave #3696, Walnut, CA 91789, United States