GhostInterview

AI Interview Copilot

Policies

Customer Terms of Service

These Terms of Service govern your access to and use of GhostInterview, including our website, desktop applications, and related services (collectively, the "Services").

Last updated January 18, 2026Applies to ghostinterview.co and GhostInterview apps
Company
GhostInterview
Website
ghostinterview.co
Accounts, billing, and usage rules
Data rights, privacy, and security
Disclaimers, liability, and termination

1. DEFINITIONS

  • 1.1. "Affiliate" means, with respect to a party, any entity which directly or indirectly Controls, is Controlled by, or is under common Control with such party.
  • 1.2. "Agreement" means this Customer Terms of Service, and any attachments, linked policies or documents referenced in the foregoing.
  • 1.3. "Beta Services" means services or features identified as "alpha," "beta," "preview," "early access," or "evaluation," or words or phrases with similar meanings.
  • 1.4. "Control" means 50% or greater voting power, or otherwise having the power to govern the financial and the operating policies or to appoint the management of an organization.
  • 1.5. "Customer Chosen Third-Party Product" means a product, service, application, functionality, or content that is provided by a third-party or by Customer and that Customer or any of its Authorized Users chooses to interoperate or use in connection with the Services.
  • 1.6. "Customer Data" means any data in electronic form that Customer or Users make available through the Platform or that is otherwise collected by Company on behalf of Customer or its Users.
  • 1.7. "Documentation" means GhostInterview's user guides and other end user documentation for the Services made available by GhostInterview to its customers generally ghostinterview.co/docs.
  • 1.9. "Free Services" means the Services that GhostInterview makes available free of charge.
  • 1.10. "Fees" means any fees payable for the Services as set forth on the Pricing Page or checkout.
  • 1.11. "Force Majeure Event" means an event which is unforeseeable, beyond the control of the party affected, and cannot be remedied by the exercise of reasonable diligence, including without limitation: acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes, computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within GhostInterview's possession or reasonable control, and denial of service attacks.
  • 1.13. "Intellectual Property Rights" means copyrights (including, without limitation, the exclusive right to use, reproduce, modify, distribute, publicly display and publicly perform the copyrighted work), trademark rights (including, without limitation, trade names, trademarks, service marks, and trade dress), patent rights (including, without limitation, the exclusive right to make, use and sell), trade secrets, moral rights, right of publicity, authors' rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the law of the United States or any other state, country or jurisdiction.
  • 1.14. "GhostInterview Materials" means all software, specifications, documentation and systems and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware and other technologies and inventions, technical or functional descriptions, requirements, plans or reports, that are provided or used by GhostInterview in connection with the Services or otherwise comprise or relate to the Services or the Platform. GhostInterview Materials do not include Customer Data.
  • 1.15. "Platform" means GhostInterview's proprietary platform of servers, software and technology used to provide the Services.
  • 1.16. "Pricing Page" means the publicly available web page(s) where GhostInterview publishes its list prices for Services, currently available at https://ghostinterview.co/#pricing.
  • 1.18. "Restricted Data" means (i) special categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (ii) protected health information as defined in the Health Insurance Portability and Protection Act, as amended ("HIPAA"); (iii) payment cardholder information or financial account information, including bank account numbers or other personally identifiable financial information; (iv) social security numbers, driver's license numbers, or other government identification numbers; (v) other information subject to regulation or protection under specific laws, regulations or policies, such as the Children's Online Privacy Protection Act ("COPPA") or the Gramm-Leach-Bliley Act ("GLBA"), in each case as amended, or related rules or regulations; or (vi) any data similar to the above protected under applicable laws, rules, or regulations.
  • 1.19. "Service Plan" means the packaged subscription plan and associated features, as detailed at the Pricing Page to which Customer subscribes.
  • 1.20. "Services" means the services that GhostInterview makes available under this Agreement.
  • 1.21. "Software" means GhostInterview's client software provided as part of the Services, such as mobile or desktop applications or browser extensions.
  • 1.22. "Subscription Period" means the term of each subscription period for paid Services as shown at checkout or in your account.
  • 1.23. "Usage Data" means any diagnostic and usage-related information and data from the use, performance and operation of the Platform and Services that may include, but is not limited to, usage patterns, traffic logs, and User engagement with the Platform and Services.
  • 1.24. "Users" means employees, agents, consultants or other representatives authorized by Customer to access or use the Services.

This Customer Terms of Service is entered into by and between GhostInterview ("GhostInterview") and the entity or person placing an order for or accessing any Services ("Customer" or "you"). If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to "you" or "Customer" reference your company. Please note that if you sign up for the Services using an email address from your employer or another entity, then (1) you will be deemed to represent such party, (2) your acceptance will bind your employer or that entity to these terms, and (3) the words "Customer", "you" or "your" in this Agreement will refer to your employer or that entity.

This Agreement permits Customer to purchase subscriptions to the Services. The "Effective Date" of this Agreement is the earlier of (a) Customer's initial access to the Services through any online provisioning, registration or order process or (b) the effective date of Customer's first paid subscription.

PLEASE NOTE: IF YOU SUBSCRIBE TO THE SERVICES FOR A SUBSCRIPTION TERM, THEN YOUR SUBSCRIPTION AND THIS AGREEMENT WILL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE BILLING PERIODS AT OUR THEN-CURRENT PRICING FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO- RENEWAL IN ACCORDANCE WITH SECTION 8 BELOW.

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR ACCESSING OR USING ANY SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE ANY SERVICES. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS LEGALLY BINDING UPON IT.

GhostInterview ("Company," "we," "us," "our") operates the GhostInterview desktop application and provides related products and services (collectively, the "Services"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your") and GhostInterview, governing your access to and use of the Services. You agree that by downloading, installing, registering for an account, or accessing the Services, you have read, understood, and agreed to be bound by these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE PROHIBITED FROM USING THE SERVICES AND MUST IMMEDIATELY DISCONTINUE USE.

1. SERVICE OVERVIEW AND LICENSE TERMS

1.1 Description of Services

GhostInterview provides an AI-powered desktop application that assists with coding interview preparation. The Services include both free and premium subscription offerings, with the free version providing limited functionality. GhostInterview observes your screen to generate contextually relevant assistance, but does not control your computer or make decisions on your behalf. GhostInterview does not record or process audio.

1.2 License Grant

Subject to your compliance with the terms and conditions of these Terms, GhostInterview grants you a non-exclusive, non-transferable, revocable, limited license to download, install, and use the Services for your personal coding interview preparation. Your right to use the Services is conditional upon your compliance with these Terms. You shall not modify, distribute, sell, lease, loan, or create derivative works based on the Services or any part thereof. The Services are licensed, not sold, to you.

2. THE SERVICES

2.1. Services.

Subject to the terms and conditions set forth in this Agreement, GhostInterview grants to Customer a limited, non-transferable, non-assignable (except as set forth in the Agreement), non-exclusive right to access and use the Services for its lawful internal business purposes solely in the form provided by GhostInterview and as permitted by the functionalities provided by GhostInterview therein.

2.2. Software.

GhostInterview may make Software available as part of the Services. Subject to the terms and conditions set forth in this Agreement, GhostInterview grants to Customer and its Users a limited non-exclusive, non-transferable, non-sublicensable license to download and install the Software to the extent necessary to use the Services. Software may update automatically. To the extent a component of the Software contains any open source software, the open source license for that software will govern with respect to that component.

2.3. GhostInterview Ownership.

All rights and title in and to the Platform, the Services, Software, Usage Data, Aggregate and De-Identified Data, GhostInterview Materials and Documentation, including all enhancements, derivatives, and improvements to the foregoing and all Intellectual Property Rights inherent therein, belong exclusively to GhostInterview and its licensors. No rights are granted to Customer other than as expressly set forth in this Agreement. Nothing herein shall be construed as prohibiting GhostInterview from utilizing the Usage Data for purposes of operating GhostInterview's business; provided that GhostInterview will not disclose any Usage Data to any third-party in a manner that could identify Customer or any individual.

2.4. Customer Chosen Third-Party Products.

The Platform may contain features designed to interoperate with Customer Chosen Third-Party Products. Such Customer Chosen Third-Party Products are not under GhostInterview's control, and GhostInterview makes no representations or warranties with respect to, is not responsible or liable for, and does not endorse any Customer Chosen Third-Party Products. Customer and its Authorized Users use all such Customer Chosen Third-Party Products at their own risk and will need to make their own independent judgment regarding any interaction or interoperation between them and the Services. Any acquisition by Customer of Customer Chosen Third-Party Products, and any exchange of Customer Data between Customer and any Customer Chosen Third-Party Product provider, product or service, is solely between Customer and the applicable Customer Chosen Third-Party Product provider. GhostInterview is not responsible for any disclosure, modification or deletion of Customer Data resulting from access by any Customer Chosen Third-Party Product or its provider. Customer is solely responsible for ensuring that it has all necessary licenses and rights to use the Customer Chosen Third-Party Product for the purposes contemplated herein.

2.6. Free Services.

Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Free Services are provided to Customer without charge up to certain limits as described in the Documentation. Usage over these limits requires Customer's purchase of additional resources or services. Customer agrees that GhostInterview, in its sole discretion and for any or no reason, may terminate Customer's access to the Free Services or any part thereof. Customer agrees that any termination of Customer's access to the Free Services may be without prior notice, and Customer agrees that GhostInterview will not be liable to Customer or any third party for such termination. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer's access to the Free Services for any reason. Customer agrees to use the Free Services only for purposes that align with this authorization and acknowledges that use of the Free Services indicates acceptance of this data use.

NOTWITHSTANDING THE "REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS", SECTION AND "GhostInterview INDEMNIFICATION" SECTION BELOW, THE FREE SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY AND GhostInterview SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE GhostInterview's LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED $100.00. WITHOUT LIMITING THE FOREGOING, GhostInterview AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER'S USE OF THE FREE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS, (B) CUSTOMER'S USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE "LIMITATION OF LIABILITY" SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO GhostInterview AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER'S USE OF THE FREE SERVICES, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER'S INDEMNIFICATION OBLIGATIONS HEREUNDER.

3. CUSTOMER DATA

3.1. Customer Ownership.

Except for the limited rights expressly granted to GhostInterview hereunder, Customer retains all rights, title and interest in and to all Customer Data, including without limitation all related intellectual property rights inherent therein. Customer is solely responsible for the accuracy, quality, legality, reliability, and appropriateness of all Customer Data. Customer shall ensure that it is entitled to transfer the relevant Customer Data to GhostInterview so that GhostInterview and its service providers may lawfully use, process, and transfer the Customer Data in accordance with this Agreement on Customer's behalf.

3.2. Authorization.

Customer grants GhostInterview a nonexclusive, worldwide, royalty-free right to reproduce, display, adapt, modify, transmit, distribute and otherwise use the Customer Data (a) to maintain, provide, and improve the Services under this Agreement; (b) to prevent or address technical or security issues and resolve support requests; (c) at Customer's direction or request, including processing initiated by Users through their use of the Platform; and (d) as otherwise required by applicable law. No rights to the Customer Data are granted to GhostInterview hereunder other than as expressly set forth in this Agreement. Unless otherwise agreed to by GhostInterview in writing, Customer expressly grants GhostInterview and its authorized sub-processors permission to use Customer Data to train GhostInterview's and its authorized sub-processors' artificial intelligence and machine learning models.

3.3. Aggregate and De-Identified Data.

GhostInterview may use Customer Data to create aggregated, de-identified, and/or anonymized data sets in a manner that does not permit identification of Customer, its customers, or its Users (collectively, the "Aggregated De-Identified Data"). GhostInterview may use Aggregated De-Identified Data for GhostInterview's lawful business purposes, including to improve, develop, provide, and enhance the Platform and Services and for other development, diagnostic, and corrective purposes in connection with the Platform and Services and any other GhostInterview offerings.

3.4. Security.

GhostInterview shall use commercially reasonable measures to maintain the security and integrity of the Services and the Customer Data and to provide technical and organizational safeguards against accidental, unlawful or unauthorized access to or use of, destruction, transfer, disclosure or alteration of Customer Data.

3.5. Processing.

Customer shall not provide GhostInterview with any Customer Data that constitutes Restricted Data. GhostInterview shall have no responsibility or liability for any Restricted Data. When and as required by applicable law from time to time, Customer and GhostInterview may enter into additional data processing agreement(s), including but not limited to those required under Article 28 of Regulation (EU) 2016/679, with respect to the processing of personally identifiable information contained within Customer Data.

4. INTELLECTUAL PROPERTY

All content generated using our service is owned by you, but the software, branding, and infrastructure remain our intellectual property. We reserve all rights not expressly granted to you in and to the Services. Any breach of our intellectual property rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.

5. LEGAL TERMS AND CONDITIONS

5.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GhostInterview DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

5.2 Limitation of Liability

IN NO EVENT SHALL GhostInterview, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

6. MISCELLANEOUS

These Terms may be updated periodically. Continued use of the service constitutes acceptance of any changes. If you have any questions about these Terms, please contact us at support@ghostinterview.co.

4. RESTRICTIONS, RESPONSIBILITIES AND RIGHTS

4.1. Customer Restrictions.

Customer shall not:

(i) modify, copy, display, republish or create derivative works based on the Services or GhostInterview Materials;

(ii) act as a reseller or distributor of, or a service bureau for, the Platform or Services or otherwise use, exploit, make available or encumber the Platform or Services to or for the benefit of any third party;

(iii) access or use the Platform or Services without the prior written consent of GhostInterview if Customer is or becomes a direct competitor to GhostInterview or its affiliates;

(iv) share access, use, or information about the Platform or Services with a direct competitor of GhostInterview;

(v) disassemble, decompile, reverse engineer, make error corrections to the Services or Platform, or otherwise attempt to derive the structure, sequence or organization of source code, except as permitted by applicable law to achieve interoperability of the Services or Platform with the operation of other software or systems used by Customer;

(vi) access the Services or GhostInterview Confidential Information in order to build a competitive product or service, or copy any ideas, features, functions or graphics of the Services;

(vii) use the Services to post or send infringing, obscene, threatening, libelous, or otherwise unlawful material;

(viii) use the Services or Documentation in any manner that exceeds the scope of use permitted under this Agreement or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third parties, or that violates any applicable laws;

(ix) upload to the Services or use the Services to send or store viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs;

(x) use the Services to run automated queries to web sites;

(xi) use manual or automated software, devices, robots, spiders, or other processes to "crawl" or "spider" or to retrieve, index, "scrape", "data mine" or in any way gather information, content or other materials from the Platform in an unauthorized manner or reproduce or circumvent the navigational structure or presentation of the Platform;

(xii) intentionally or unintentionally interfere with or disrupt the integrity or performance of the Services or the data contained therein;

(xiii) attempt to gain, or permit an unauthorized third party unauthorized access to the Services or its related systems or networks by Customer or an unauthorized third party;

(xiv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Services;

(xv) without the express prior written consent of GhostInterview, conduct any benchmarking or comparative study or analysis involving the Services for any reason or purpose except, to the limited extent absolutely necessary, to determine the suitability of the Services to interoperate with Customer's internal systems;

(xvi) incorporate or merge the GhostInterview Materials into another software product, or otherwise access or use the GhostInterview Materials and/or Documentation to create, modify or enhance any software or competing service;

(xvii) combine or use the Services or Platform with any third party hardware, networks, code, data, or services that infringes any third party right; or

(xviii) permit any third party to do any of the foregoing.

In addition, Customer agrees that it shall (a) only permit access to the Services by Users; (b) not (and shall not permit any User or third party to) access or use the Services from an embargoed nation or any other country/region that becomes an embargoed nation; and (c) use the Services in compliance with all applicable local, state, national and foreign laws, treaties and regulations in connection with Customer's use of the Services (including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws which, for clarity, includes laws governing the monitoring or recording of conversations ("Recording Laws")).

4.2. Customer Responsibilities.

4.2.1. Customer shall provide GhostInterview with complete and accurate account, billing and payment information and keep such information up to date during the Term. Customer agrees not to provide any person or entity with access to the Services using Customer's account credentials or other security information except as permitted under this Agreement and shall prevent Users from sharing their GhostInterview account access or login information with any other party, including any other Customer employee or third-party contractor. Customer is responsible for maintaining the security and confidentiality of all passwords associated with Customer's account. If Customer becomes aware of any unauthorized or illegal use of Customer's account, Customer shall immediately notify GhostInterview.

4.2.2. Customer agrees and understands that (i) it is responsible for all activity of Users and for Users' compliance with this Agreement; (ii) it shall: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, including, without limitation, Customer's compliance with all applicable Recording Laws; (b) prevent unauthorized access to, or use of, the Services, and notify GhostInterview promptly of any such unauthorized access or use; (c) comply with all applicable laws in using the Services; and (d) keep the Services, Software GhostInterview Materials, and Documentation confidential in accordance with Section 7. Customer represents and warrants that it has all rights and/or consents necessary to provide the Customer Data to GhostInterview as contemplated hereunder, in each case without any infringement, violation or misappropriation of any third party rights (including, without limitation, intellectual property rights and rights of privacy). The Services shall not include Customer's access connection to the Internet or any equipment necessary for Customer to make such connection, which shall be Customer's sole responsibility. Customer shall be responsible for supplying GhostInterview with any technical data and other information GhostInterview may reasonably request to allow GhostInterview to provide the Services to Customer. Customer represents that it has obtained all consents necessary for Customer and Users to use the Services, including, if applicable, Customer's ability to convert accounts previously registered by individuals using Customer's corporate email domain into Customer User accounts.

4.3. GhostInterview Rights.

4.3.1. GhostInterview reserves the right to suspend Customer's access to the Services in the event (a) GhostInterview believes Customer's use of the Services represents an imminent threat to GhostInterview's users or network, (b) of Customer's breach of the Agreement or violation of any laws or regulations applicable to Customer's use of the Platform or Services, or (c) if so directed by a court or competent authority. In such cases, GhostInterview will (i) suspend such the Services only to the extent reasonably necessary to prevent harm; (ii) use its best efforts to promptly contact Customer and give Customer the opportunity to resolve the issues causing the suspension of such the Services; and (iii) reinstate any suspended the Services promptly after the issue is cured. Without limiting the foregoing, GhostInterview reserves the right to manage bandwidth or route traffic across the Internet in a commercially optimal way, provided such actions do not compromise GhostInterview's obligations regarding the Customer Data. GhostInterview will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized User may incur as a result of a Services suspension.

4.3.2. GhostInterview shall have the right to (i) remove or limit distribution of Customer Data that GhostInterview deems reasonably necessary or appropriate if GhostInterview concludes that any Customer Data violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any individual or could create liability for GhostInterview; (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal use of the Services; and (iii) terminate or suspend Customer's access to all or part of the Services for any violation of this Agreement. Notwithstanding the foregoing, GhostInterview is not obligated to review Customer Data before it is posted via the Services, and GhostInterview cannot ensure prompt removal of objectionable Customer Data after it has been posted. Accordingly, GhostInterview assumes no liability for any action or inaction regarding transmissions, communications or content provided by any Customer User or third party. GhostInterview disclaims all liability or responsibility for exercise or nonexercise of its rights under this Section 4.3.2.

4.3.3. GhostInterview shall have the right to (i) use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer relating to the Services; and (ii) utilize all other information provided by Customer (including Customer Data) relating to the Services to the extent necessary to comply with any legal requirements or contractual obligations. The foregoing shall in no way limit GhostInterview's confidentiality obligations set forth in this Agreement.

4.4. ARTIFICIAL INTELLIGENCE FEATURES.

The Services may include certain features, such as chatbot functionality, that use or leverage applications, software, products, or services provided by GhostInterview or third parties that utilize artificial intelligence related technology, including large language models, algorithms and models, and machine learning related technology (collectively, "AI Features"). Customer agrees that Customer is solely responsible for its use of AI Features. Customer acknowledges and agrees that Customer Data will be transmitted to and processed by such AI Features, that in response the AI Features may generate suggested text, information, analyses, results, content, recommendations, and other materials (collectively, "Output"), and that, given the probabilistic nature of artificial intelligence technology, the Output may be inaccurate or inappropriate in response to the input provided. Accordingly, all Output is provided "as is" and with "all faults", and GhostInterview makes no representations, warranties, or covenants of any kind or nature with respect to any of the AI Features or any Output, including with respect to accuracy, completeness, truthfulness, timeliness, or suitability. Customer agrees that all decisions made in reliance on any Output are made at Customer's own risk and that GhostInterview shall have no responsibility or liability arising therefrom. Customer agrees that the Output does not constitute medical, legal, accounting, or other advice of a certified or qualified professional. Customer is solely responsible for evaluating the accuracy, completeness, and suitability of the Output for Customer's use cases, and subjecting the Output to appropriate quality control procedures, including human review and verification. Customer acknowledges that other users of the Services or similar services may provide similar or identical input thereto and may receive Output that is similar or identical to that of Customer. GhostInterview does not claim ownership of any Output. Customer acknowledges and agrees that the use of AI Features, including the transmission of certain Customer Data to any third-party providers thereof, is an integral and necessary part of GhostInterview's delivery of the Services.

5. FEES; PAYMENT TERMS

5.1. Fees.

Customer shall pay GhostInterview the applicable Fees for its Service Plan(s) and any undisputed Fees, in accordance with this Section, as set forth on the Pricing Page. Customer agrees and understands that if Customer does not pay GhostInterview the Fees due for the Services within the agreed time period, GhostInterview reserves the right to suspend Customer's access and use of the Services until such Fees are paid as provided in Section 5.4. If Customer reasonably and in good faith believes that GhostInterview has billed Customer incorrectly, and reasonably and in good faith disputes the Fees billed to Customer, then Customer must contact GhostInterview no later than thirty (30) days after the invoice date on the invoice in which the error or problem appeared, in order to receive an adjustment or credit (if applicable). All Fees are non-refundable and non-creditable, except as expressly set forth in this Agreement.

5.2. Taxes.

All Fees and other amounts payable by Customer under this Agreement are exclusive of taxes and similar interviews. Customer is responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental or regulatory authority on any amounts payable by Customer hereunder, other than any taxes imposed on GhostInterview's income.

5.3. Payment.

Customer shall pay all Fees within thirty (30) days after the date of the invoice therefor. Customer shall make all payments hereunder in U.S. dollars. Customer shall make payments to the account specified by GhostInterview in writing from time to time. If Customer is paying Fees using a credit card or any digital payment method supported by GhostInterview, Customer authorizes GhostInterview to charge Customer's account for the Services using that payment method. Customer must keep all information in its billing account current to ensure that all Fees are charged to the appropriate account and are timely paid. If Customer notifies GhostInterview to stop using a previously designated payment method and fails to designate an alternative, GhostInterview may immediately suspend use and access to the Services. Any notice from Customer changing its billing account will not affect charges GhostInterview submits to Customer's billing account before GhostInterview reasonably can act on Customer's request. GhostInterview may use a third-party intermediary to manage credit card processing, and this intermediary is not permitted to use Customer's credit card information except in connection with Customer's authorized purchases. Notice (including email) from GhostInterview's third-party credit card processor declining Customer's credit card or otherwise relating to Customer's account will be deemed valid notice from GhostInterview.

5.4. Late Payment.

If Customer fails to make any payment when due then, in addition to all other remedies that may be available, GhostInterview may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law. If such failure continues for five (5) days following written notice thereof, GhostInterview may suspend performance of the Services until all past due amounts and interest thereon have been paid, without incurring any obligation or liability to Customer by reason of such suspension.

6. WARRANTIES

6.1. Mutual Warranty.

Each party represents and warrants that it has the legal power and authority to enter into this Agreement.

6.2. Disclaimer of Warranties.

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, (A) ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER; (B) GhostInterview EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE; AND (C) GhostInterview MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS, AND MAKES NO WARRANTY THAT SERVICES WILL BE ERROR-FREE. FREE SERVICES ARE PROVIDED "AS IS" AND AS AVAILABLE EXCLUSIVE OF ANY WARRANTY WHATSOEVER.

6.3. Beta Services.

Customer may choose to use Beta Services in its sole discretion. Notwithstanding anything to the contrary in this Agreement or otherwise: (a) Beta Services may not be supported and may be changed or terminated at any time without notice; (b) Beta Services may not be as reliable or available as the Services; (c) Beta Services have not been subjected to the same security requirements, measures, and auditing as the Services; (d) Beta Services constitute GhostInterview's Confidential Information; and (e) BETA SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, INDEMNITY OR SUPPORT AND GhostInterview's LIABILITY FOR BETA SERVICES WILL NOT EXCEED FIFTY DOLLARS (US $50).

7. CONFIDENTIAL INFORMATION

7.1. Definition of Confidential Information.

As used herein, "Confidential Information" means all confidential and proprietary information of a party ("Disclosing Party") disclosed to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information or the circumstances of disclosure, including the terms and conditions of this Agreement, the Customer Data, the GhostInterview Materials, the Platform, Services, Documentation, and each party's respective business and marketing plans, technology and technical information, product designs, and business processes. The obligations in this Section shall not apply to any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without an obligation of confidentiality; (iii) was independently developed by the Receiving Party without the use of or reference to the Confidential Information of the Disclosing Party; or (iv) is lawfully received from a third party without breach of any obligation owed to the Disclosing Party and without an obligation of confidentiality.

7.2. Confidentiality.

The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party's prior written permission. Either party may disclose Confidential Information to its personnel and agents who are subject to confidentiality obligations at least as restrictive as those of this Agreement. Receiving Party will use at least the same level of care to prevent unauthorized use of the Confidential Information as it uses for its own confidential and proprietary information of like kind, but in no event less than a reasonable standard of care.

7.3. Compelled Disclosure.

If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure, to the extent legally permitted, and reasonable assistance, at Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.

7.4. Remedies.

If the Receiving Party breaches this Section, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts.

8. TERM AND TERMINATION

8.1. Automatic Renewal; Cancellation.

The term of this Agreement shall commence on the Effective Date and continue while you have an active account or subscription. Each Subscription Term will automatically renew unless Customer provides written notice of non-renewal at least thirty (30) days prior to the renewal. GhostInterview reserves the right to increase fees for any renewal terms. Customer authorizes GhostInterview to charge Customer's payment method on file or invoice Customer for each renewal until Customer cancels their subscription.

8.2. Termination for Material Breach.

Either party may terminate this Agreement (i) if the other party materially breaches any terms and conditions of this Agreement and does not cure such breach within thirty (30) days of receiving notice of such breach; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. Notwithstanding the foregoing, this Agreement may be immediately terminated by GhostInterview in the event Customer has breached any obligation set forth in Section 4 and, in GhostInterview's determination, that breach cannot be adequately cured. If Customer terminates this Agreement for GhostInterview's uncured material breach, GhostInterview will refund Customer, on a pro-rated basis, any pre-paid Fees for any Services not received.

8.3. Effect of Termination.

Upon expiration or termination of this Agreement for any reason, the rights and licenses granted to Customer shall terminate immediately. The following provisions shall survive the termination of this Agreement: Section 1 (Definitions), Section 2.2 (GhostInterview Ownership), Section 2.6 (Free Services), Section 3.1 (Customer Ownership), Section 3.2 (Authorization), Section 3.3 (Aggregate and De-Identified Data), Section 4 (Restrictions, Responsibilities and Rights), Section 5 (Fees; Payment Terms), Section 6.6 (Beta Services), Section 6.4 (Disclaimer of Warranties), Section 7 (Confidential Information), Section 8.3 (Effect of Termination), Section 9 (Indemnity), Section 10 (Limitation of Liability), and Section 11 (General Provisions). GhostInterview reserves the right to permanently delete any Customer Data following termination of the Agreement. Upon termination, GhostInterview shall also promptly delete any Customer Content upon Customer's written request. Any data deleted may remain in immutable electronic backups maintained by GhostInterview and used purely for backup, disaster recovery and data protection purposes.

9. INDEMNITY

9.1. Customer Indemnity.

GhostInterview will indemnify and hold Customer harmless from and against any third-party claim against Customer alleging that Customer's use of the Services as permitted hereunder infringe or misappropriate a third party's valid U.S. patent, copyright, trademark or trade secret. GhostInterview shall, at its expense, defend such claim and pay damages finally awarded against Customer in connection therewith, including the reasonable fees and expenses of the attorneys engaged by GhostInterview for such defense. If the Services, or parts thereof, become, or in GhostInterview's opinion may become, the subject of an infringement claim, GhostInterview may, at its option: (a) procure for Customer the right to continue using the Services as set forth herein; (b) replace or modify the Services to make it non-infringing; or (c) if options (a) or (b) are not commercially and reasonably practicable as determined by GhostInterview, terminate this Agreement and refund Customer, on a pro-rated basis, any pre-paid Fees for any Services not received. This Section 9.1 states GhostInterview's entire liability and Customer's sole remedy with respect to any infringement of intellectual property rights by the Services or GhostInterview Materials.

9.2. Exceptions.

GhostInterview will have no liability or obligation under this Section with respect to any claim if such claim is caused in whole or in part by (i) compliance with designs, data, instructions or specifications provided by Customer; (ii) modification of the Services by anyone other than GhostInterview or its authorized agents; (iii) the combination, operation, or use of the Services with other hardware or software not provided by GhostInterview or its authorized agents where the Services would not by itself be infringing; (iv) continued use of the allegedly infringing Service after being provided non-infringing alternative or after GhostInterview has terminated the Agreement in accordance with Section 9.1 above; (v) Customer Data; (vi) Customer Chosen Third-Party Products); or (vii) any breach of Customer's obligations under this Agreement. Notwithstanding anything to the contrary herein, GhostInterview shall have no obligation under this Section 9 with respect to Free Services.

9.3. GhostInterview Indemnity.

Customer will indemnify and hold GhostInterview harmless from and against any third-party claim against GhostInterview that is subject to Section 9.2 above or arising from or related to (i) Customer's breach of Section 4.1 of this Agreement or (ii) any Customer Data or Customer's use of any Output.

9.4. Process.

The indemnification obligations in this Section shall be subject to the indemnified party: (i) promptly notifying the indemnifying party in writing upon receiving notice of any threat or claim of such action; (ii) giving the indemnifying party exclusive control and authority over the defense and/or settlement of such claim (provided any such settlement unconditionally releases the indemnified party of all liability); and (iii) providing reasonable assistance requested by the indemnifying party, at the indemnifying party's expense.

10. LIMITATION OF LIABILITY

EXCEPT FOR THE PARTIES' INDEMNIFICATION OBLIGATIONS AND FOR CUSTOMER'S BREACH OF SECTION 4, IN NO EVENT SHALL EITHER PARTY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT FOR ANY LOST PROFITS, DATA LOSS, BREACH OF DATA OR SYSTEM SECURITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), IN EACH CASE REGARDLESS OF WHETHER A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL GhostInterview's AGGREGATE LIABILITY ARISING OUT OF RELATED TO THIS AGREEMENT EXCEED (IN THE AGGREGATE) THE FEES PAID (OR PAYABLE) BY CUSTOMER TO GhostInterview UNDER THE APPLICABLE SUBSCRIPTION IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO A CLAIM HEREUNDER.

11. GENERAL PROVISIONS

11.1. Relationship of the Parties.

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

11.3. Waiver and Cumulative Remedies.

No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

11.4. Severability.

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in full force and effect.

11.5. Assignment.

Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety , without the consent of the other party, to (i) an Affiliate; or (ii) in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this Section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

11.6. Subcontractors.

GhostInterview may use third-party subcontractors who are subject to contractual obligations no less protective than those of this Agreement, as applicable. GhostInterview will remain responsible for their acts, omissions, and any subcontracted obligations.

11.7. Publicity.

GhostInterview may include Customer's name and logo on its website or in other marketing materials or channels solely to reference Customer as GhostInterview customer, subject to any trademark usage instructions provided to GhostInterview. All other uses of each other's name and any publicity shall require the prior written approval and consent of the other party.

11.10. Force Majeure.

Except for payment obligations, neither party shall be liable for delay or non-performance of its obligations hereunder (or part thereof) if the cause of delay or non-performance is due to a Force Majeure Event. The party affected shall be relieved from its obligations (or part thereof) as long as the Force Majeure Event lasts and hinders the performance of said obligations (or part thereof). The party affected shall promptly notify the other party and make reasonable efforts to mitigate the effects of the Force Majeure Event.

11.11. No Third Party Beneficiaries.

The parties acknowledge that the covenants set forth in this Agreement are intended solely for the benefit of the parties, their successors and permitted assigns. Nothing herein, whether express or implied, will confer upon any person or entity, other than the parties, their successors and permitted assigns, any legal or equitable right whatsoever to enforce any provision of this Agreement.

11.12. Export Control.

The Services, GhostInterview technology and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. Customer shall not, and shall not permit Users to, access or use the Services in violation of any U.S. export law or regulation.

11.13. Entire Agreement.

This Agreement, including all exhibits and addenda hereto, sets forth the entire agreement of the parties and supersedes and replaces all prior or contemporaneous writings, negotiations and discussions, whether written or oral, with respect to its subject matter. Neither party has relied upon any representations or warranties whatsoever regarding the subject matter of this Agreement, express or implied, except for the representations and warranties set forth in this Agreement. GhostInterview reserves the right to modify the terms and conditions of this Agreement, at its sole discretion, effective upon the commencement of any renewal subscription term. You are responsible for regularly reviewing this Agreement for updates. CONTINUED USE OF THE SERVICES AFTER ANY SUCH CHANGES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES. If GhostInterview modifies this Agreement during Customer's subscription term, and Customer objects to the updated agreement, as Customer's exclusive remedy, Customer may choose to terminate this Agreement prior to the next renewal term and cease using the Services. Notwithstanding any language to the contrary therein, no terms or conditions set forth on any Customer purchase order or in any other Customer order documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.