Terms of Service

1. Introduction

These Terms of Service ("Terms") are the contract between CyberHire Limited, a company incorporated in England and Wales with company number 17389369, whose registered office is at 66 Paul Street, London EC2A 4NA, United Kingdom ("CyberHire", "we", "us"), and the company that buys access to the CyberHire platform and services under an Order Form (the "Customer", "you").

By signing an Order Form that references these Terms, accepting an invitation to use the platform on a company's behalf, or clicking "I agree", the Customer accepts these Terms. If you do not accept these Terms, do not use the platform.

The Terms incorporate, by reference:

• Our Privacy Policy
• Our Acceptable Use Policy
• Our Data Processing Addendum (which governs personal data processed by CyberHire on the Customer's behalf)
• The Order Form agreed between CyberHire and the Customer, specifying the services bought, the Fees, the Service Term, and any usage allowance or other commercial terms

Together, these documents form the "Agreement". In the event of conflict, an Order Form takes precedence over these Terms, and these Terms take precedence over the referenced policies.

2. Definitions

• Platform - the CyberHire web application, APIs, and associated infrastructure, used to create and administer cybersecurity assessments.
• Admin User - an individual authorised by the Customer to log in to the platform on its behalf (e.g. hiring manager, reviewer).
• Candidate - an individual invited by the Customer to take an assessment on the platform.
• Assessment - a test configured by the Customer, composed of one or more Challenges.
• Challenge - a single question, task or exercise within an Assessment.
• Order Form - the order form, proposal or statement of work agreed in writing between CyberHire and the Customer that references these Terms.
• Role Campaign - access to the Platform for a single role, with an active window of 90 days and a standard allowance of 250 Completed Assessments, which may be extended as set out in the Order Form.
• Ongoing Hiring Programme - access to the Platform across multiple roles for an annual term, on the scope set out in the Order Form.
• Completed Assessment - an Assessment that a Candidate has started and submitted (or that has closed on time-out after the Candidate started it). Invitations that are never started do not count.
• Service Term - the period during which the Customer may use the Platform, as stated in the Order Form (for a Role Campaign, its 90-day active window unless the Order Form says otherwise).
• Fees - the amounts payable by the Customer, as stated in the Order Form.
• Customer Data - data submitted to the Platform by or on behalf of the Customer, including Candidate data.
• Personal Data has the meaning given in UK GDPR.

3. The service

3.1 Access

Subject to the Customer paying the Fees and complying with the Agreement, CyberHire grants the Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Platform during the Service Term for the Customer's internal hiring purposes.

3.2 Scope and usage

The services the Customer buys - a Role Campaign, an Ongoing Hiring Programme, any done-for-you assessment build, and any usage allowance or other limits - are set out in the Order Form. Usage is counted on Completed Assessments, not on invitations sent. If the Customer approaches or exceeds an allowance, CyberHire will contact the Customer to agree an extension, which will be documented in an updated or additional Order Form. CyberHire may decline further Completed Assessments beyond the agreed allowance until an extension is agreed.

3.3 Beta features

CyberHire may make certain features available as "beta", "preview", or "early access" ("Beta Features"). Beta Features are provided as-is, may be changed or withdrawn at any time, and are excluded from the uptime commitment in section 3.4.

3.4 Availability

CyberHire will use commercially reasonable efforts to maintain the Platform's availability at or above 99.5% per month, excluding:

• Planned maintenance windows notified at least 48 hours in advance;
• Emergency maintenance required to address a security issue or defect;
• Unavailability caused by a Force Majeure event (section 14);
• Unavailability caused by the Customer, the Customer's users, or third-party networks outside CyberHire's control;
• Beta Features.

Availability is measured on a monthly basis at the CyberHire edge. CyberHire does not offer service credits for availability shortfalls unless expressly agreed in an Order Form.

3.5 Support

Support is provided by email to [email protected]. Response targets are as set out in the Order Form. CyberHire does not provide 24/7 telephone support.

4. Customer responsibilities

4.1 Acceptable use

The Customer must comply, and must ensure that its Admin Users and Candidates comply, with the Acceptable Use Policy. Breach of the AUP is a material breach of this Agreement.

4.2 Account security

The Customer is responsible for:

• Keeping account credentials confidential; enabling multi-factor authentication where available;
• The actions of any individual who uses an Admin User account, whether authorised or not;
• Promptly notifying CyberHire of any suspected unauthorised use of the Platform.

4.3 Candidate consent and notice

The Customer is the controller of Candidate personal data. Before inviting a Candidate, the Customer is responsible for:

• Providing the Candidate with appropriate privacy information (our Candidate Privacy Notice is available to assist, but does not replace the Customer's own obligations);
• Relying on a valid lawful basis under Article 6 UK GDPR;
• Where webcam photos are switched on, relying on the Candidate's consent for webcam capture. The Platform lets any Candidate take the same Assessment without the webcam instead, and the Customer must not treat a Candidate's choice to do so, or to withdraw consent during an Assessment, as a negative factor in any decision about them;
• Respecting Candidates' data-subject rights (access, erasure, objection, etc.).

4.4 Content and Customer Data

The Customer is responsible for the lawfulness, accuracy and completeness of all Customer Data it submits to the Platform, including any content it creates or uploads for use in Assessments. The Customer grants CyberHire a worldwide, royalty-free licence to host, store, process and transmit Customer Data solely for the purpose of providing the Platform during the Service Term.

4.5 AI-generated content

CyberHire offers AI-assisted Challenge generation using Anthropic's Claude API. The Customer acknowledges that AI-generated content may contain factual errors or be unsuitable for a specific role, and must review all AI output before using it in a live Assessment. Prompts submitted to the AI service may be processed by Anthropic in accordance with the Sub-processors list.

5. Fees and payment

5.1 Fees

The Customer will pay the Fees stated in the Order Form. All Fees are exclusive of VAT, which will be added where applicable. Fees are non-refundable except as expressly stated in these Terms or the Order Form, or as required by applicable law.

5.2 Invoicing and payment

CyberHire will invoice the Fees as set out in the Order Form, and the Customer will pay each invoice by the method and within the payment terms stated in the Order Form or on the invoice. CyberHire does not store payment card details.

5.3 Late payment

If an invoice remains unpaid after its due date, CyberHire may (a) suspend access to the Platform, (b) charge interest at 4% per year above the Bank of England base rate, accruing daily, and (c) terminate the Agreement in accordance with section 11.

5.4 Price changes

The Fees for a Service Term are fixed by the Order Form for that term. Fees for any renewal, extension or new Order Form will be agreed in writing between the parties.

6. Service term, renewal and ending

6.1 Term

Each Service Term is as stated in the Order Form. A Role Campaign runs for its 90-day active window unless the Order Form says otherwise. An Ongoing Hiring Programme runs for the annual term stated in the Order Form.

6.2 Renewal and extension

A Service Term does not renew automatically unless the Order Form expressly says it does. Any extension (for example, more Completed Assessments or a longer active window for a Role Campaign) or renewal is agreed in writing between the parties.

6.3 Ending

Access ends at the end of the Service Term unless it is extended or renewed. Fees for a Service Term are not refundable for unused time or unused allowance, except as stated in the Order Form.

7. Intellectual property

7.1 Platform IP

The Platform (including all associated software, content, designs, challenges drawn from the CyberHire library, trademarks and documentation) is and remains the property of CyberHire or its licensors. Nothing in these Terms transfers any intellectual property rights in the Platform to the Customer.

7.2 Customer IP

The Customer retains all rights in Customer Data, including any Challenges the Customer creates. The Customer grants CyberHire the licence described in section 4.4.

7.3 Feedback

If the Customer submits suggestions, ideas or feedback about the Platform, CyberHire may use them without restriction or obligation. The Customer waives any claim that such use infringes its intellectual property rights.

8. Data protection

Where CyberHire processes personal data on behalf of the Customer, it does so under the Data Processing Addendum, which is incorporated into these Terms. The DPA sets out the processor obligations under Article 28 UK GDPR, including details of sub-processors, security measures, transfer mechanisms, and breach-notification timelines.

Anonymised and aggregated data. The Customer agrees that CyberHire may produce anonymised, aggregated data derived from use of the platform and from assessment activity, including statistical analysis of assessment performance, score distributions, completion rates, challenge difficulty, integrity-signal frequencies, correlations between declared credentials or experience and demonstrated performance, and platform usage analytics. Such data is anonymised so that no individual can be identified, directly or indirectly, and is therefore not personal data. CyberHire may use, retain and publish it for its own purposes, including improving and calibrating the platform, benchmarking, research and industry reporting, during and after the term of the Agreement. CyberHire will not identify the Customer by name in any published output without the Customer's prior written agreement, will not disclose personal data, and will not share the Customer's assessment data with any other Customer. This clause is subject to section 5.3 of the Data Processing Addendum.

9. Confidentiality

Each party will treat as confidential any non-public information received from the other in connection with the Agreement, and will use it only to perform the Agreement. Confidentiality obligations do not apply to information that is public, already known, independently developed, or required to be disclosed by law or court order.

10. Warranties and disclaimers

10.1 Mutual warranties

Each party warrants that it has the authority to enter into this Agreement.

10.2 CyberHire warranty

CyberHire warrants that it will provide the Platform with reasonable skill and care and in accordance with these Terms.

10.3 Disclaimer

Except as expressly set out in these Terms, the Platform is provided "as is" and "as available". To the maximum extent permitted by law, CyberHire disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and that the Platform will be uninterrupted or error-free.

10.4 Hiring decisions

CyberHire does not make hiring decisions. The Platform is a tool to help the Customer assess technical skill; all hiring decisions are made by the Customer. CyberHire gives no warranty as to the suitability of any Candidate for any role. The Customer is responsible for ensuring that its use of Assessment outputs complies with employment, equality, and anti-discrimination law.

11. Suspension and termination

11.1 Termination for convenience

Either party may terminate by non-renewal at the end of a Service Term, in accordance with section 6.

11.2 Suspension

CyberHire may suspend the Customer's access (or a specific Admin User's access) immediately and without prior notice where:

• The Customer materially breaches the Acceptable Use Policy;
• Continued access creates a security, legal, or regulatory risk;
• A payment is overdue by more than 14 days.

11.3 Termination for cause

Either party may terminate this Agreement immediately by written notice if the other party:

• Materially breaches the Agreement and fails to cure the breach within 30 days of written notice; or
• Becomes insolvent, makes an arrangement with creditors, or has a receiver or liquidator appointed.

11.4 Effect of termination

On termination:

• The Customer's right to access the Platform ends immediately;
• The Customer may, on request made within 30 days of termination, request an export of Customer Data (CyberHire will use reasonable efforts to provide this in a machine-readable format);
• After the 30-day window, CyberHire will delete Customer Data in accordance with the DPA and its retention policy;
• Accrued rights and obligations (including accrued but unpaid Fees) survive termination.

12. Limitation of liability

12.1 Uncapped liabilities

Nothing in these Terms limits or excludes either party's liability for:

• Death or personal injury caused by negligence;
• Fraud or fraudulent misrepresentation;
• Any other liability that cannot be excluded or limited under applicable law.

12.2 Excluded losses

Subject to 12.1, neither party will be liable for (whether in contract, tort (including negligence), breach of statutory duty or otherwise):

• Loss of profit;
• Loss of revenue;
• Loss of business or business opportunity;
• Loss of goodwill;
• Loss of anticipated savings;
• Loss of data (beyond the cost of restoration from back-ups);
• Indirect, special or consequential loss.

12.3 Total cap

Subject to 12.1, each party's total aggregate liability under or in connection with the Agreement (whether in contract, tort or otherwise) is capped at the total Fees paid by the Customer in the twelve (12) months immediately preceding the event giving rise to the claim.

13. Indemnities

13.1 Customer indemnity

The Customer will indemnify and hold CyberHire harmless against any claims, losses, damages, costs or expenses (including reasonable legal fees) arising out of:

• Customer Data that infringes a third party's rights or breaches applicable law;
• Any use of the Platform by the Customer, its Admin Users or its Candidates in breach of the Agreement or the AUP;
• The Customer's hiring decisions or use of Assessment outputs.

13.2 CyberHire indemnity

CyberHire will indemnify the Customer against third-party claims alleging that the Customer's use of the Platform (as delivered by CyberHire and in accordance with these Terms) infringes that third party's UK copyright or registered trademark, provided the Customer (a) notifies CyberHire promptly, (b) gives CyberHire sole control of the defence and settlement, and (c) reasonably cooperates. CyberHire's obligations under this clause do not apply to claims arising from Customer Data, modifications not made by CyberHire, or use in breach of these Terms.

14. Force majeure

Neither party is liable for failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, civil disturbance, epidemic, strikes, failure of internet backbone infrastructure, or failure of essential third-party services. If a force majeure event continues for more than 30 days, either party may terminate without liability.

15. General

15.1 Notices

Notices to CyberHire must be sent to [email protected]. Notices to the Customer will be sent to the primary admin email on the Customer's account or, where available, a billing email supplied by the Customer.

15.2 Entire agreement

The Agreement constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior agreements. Neither party has relied on any statement not set out in the Agreement.

15.3 Assignment

The Customer may not assign or transfer the Agreement without CyberHire's prior written consent. CyberHire may assign the Agreement to a successor in connection with a corporate transaction.

15.4 No waiver

A failure to enforce a right is not a waiver of that right. A waiver is only valid if given in writing.

15.5 Severability

If any provision of the Agreement is held unenforceable, the remaining provisions will continue in full force.

15.6 No partnership

Nothing in the Agreement creates a partnership, joint venture, agency or employment relationship between the parties.

15.7 Third-party rights

A person who is not a party to the Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

15.8 Amendments

CyberHire may update these Terms from time to time. Material changes will be notified at least 30 days in advance by email to the primary admin or via in-product notice. Continued use after the change date constitutes acceptance. If the Customer does not accept a material change, it may terminate with effect from the change date and receive a pro-rated refund of prepaid Fees for the unused portion of the Service Term.

15.9 Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales, except that CyberHire may bring an action to protect its intellectual property or recover unpaid Fees in any court of competent jurisdiction.

16. Contact

Commercial and legal queries: [email protected].
Support: [email protected].