Terms of Service

1. Introduction

These Terms of Service ("Terms") are the contract between CyberHire Limited (a company in formation under the laws of England and Wales, "CyberHire", "we", "us") and the company that subscribes to the CyberHire platform (the "Customer", "you").

By signing up for a CyberHire plan, 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 or online checkout page specifying the selected plan, fees, and start date (the "Subscription Details")

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.
• Subscription Term - the period for which the Customer has paid, as stated in the Subscription Details.
• Fees - the amounts payable by the Customer for the Plan, as stated in the Subscription Details.
• 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 Subscription Term for the Customer's internal hiring purposes.

3.2 Plans and limits

Each Plan comes with limits on invitations per month, team seats, challenge library access, AI credits, integrity modes, and other features. The applicable limits are displayed on our pricing page and reflected in the Subscription Details. If the Customer exceeds a limit, CyberHire may (a) automatically meter additional usage at the rates shown on the pricing page, (b) refuse to accept further requests until the next billing period, or (c) require the Customer to upgrade to a higher Plan.

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 admin@cyber-hire.com. Response targets depend on the Plan and are stated on the pricing page. 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 Proctor (webcam) mode is selected, obtaining the Candidate's consent and offering a reasonable alternative for Candidates who decline;
• 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 Subscription 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 Subscription Details in advance of each billing period. All Fees are exclusive of VAT, which will be added where applicable. Fees are non-refundable except as expressly stated in these Terms or required by applicable law.

5.2 Payment method

Fees are taken by card via our payment processor Stripe. By providing a payment method, the Customer authorises CyberHire to charge the Fees automatically on each renewal date until the subscription is cancelled.

5.3 Late payment

If a payment fails or a Fee remains unpaid, 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

CyberHire may change its prices by giving the Customer at least 30 days' written notice before the start of the next Subscription Term. If the Customer does not agree to the change, it may terminate the Agreement with effect from the end of the current Subscription Term.

5.5 Free trials

Where a free trial is offered, it lasts for the period stated at sign-up (typically 14 days) and is subject to the limits set out on the pricing page. We may change or withdraw free-trial availability at any time.

6. Subscription term, renewal and cancellation

6.1 Term

The initial Subscription Term is as stated in the Subscription Details (typically monthly or annual).

6.2 Auto-renewal

At the end of each Subscription Term, the subscription will automatically renew for a further period of the same length, at the then-current price, unless the Customer cancels before the renewal date via the in-product billing page or by emailing admin@cyber-hire.com.

6.3 Cancellation

The Customer may cancel at any time. Cancellation takes effect at the end of the then-current Subscription Term; the Customer retains access until that date. Fees paid for any period not used are non-refundable.

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.

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 Subscription 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 legal@cyber-hire.com. 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 Subscription 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: legal@cyber-hire.com.
Support: admin@cyber-hire.com.