Terms and Conditions

The “Service” is Rafiki Inc's ScreenWise a cloud-based AI Recruiting screener/intelligence platform that records, transcribes, analyses and shares audio/video calls, demos and related data (“Content”).  

‍You receive a non-exclusive license to use the Service during a valid subscription term (or free trial) as set out in an Order Form.  ScreenWise may provision administrative accounts so you can create “Permitted Users.”  You are responsible for all activity that occurs under your accounts.

ScreenWise uses commercially reasonable efforts to maintain 24×7 availability, aside from planned maintenance (scheduled during off-peak hours where practical) and force-majeure events.

Trial access ends on
(i) the date stated on the Order Form or via email;
(ii) when you purchase a subscription; or
(iii) when ScreenWise terminates the evaluation with notice.

Customer = Data Controller for all Content and Customer Data.

‍ScreenWise = Data Processor for that Content and processes it solely on documented instructions contained in
(a) this Agreement,
‍(b) a Data Processing Agreement (“DPA”), if executed, or
(c) any other written Customer instructions.

‍If no standalone DPA exists, this Agreement + ScreenWise Privacy Policy constitute the data-processing terms required by GDPR/CCPA.

Customer must obtain all required consents/notices (e.g. call-recording and explicit biometric consent for mandatory voiceprint creation) and ensure a valid legal basis for ScreenWise to process Personal Data.

Rafiki Inc/ScreenWise maintains industry-standard administrative, physical and technical safeguards, including:
TLS 1.2+, AES-256 at rest, role-based access,
MFA, SOC 2 Type 1 controls (Type 2 in progress) and
regular penetration tests.

ScreenWise will notify Customer without undue delay of any confirmed Personal-Data breach.

Except for Customer Content, all intellectual-property rights in the Service, docs, UI and aggregated/anonymous analytics belong to ScreenWise.  Customer grants ScreenWise a limited license to process Content for the purposes of providing and improving the Service (excluding AI-model training — see § 4.1).

ScreenWise does not use Customer Data to train machine-learning models by default.  Any such use requires a separate, signed opt-in agreement.Customer retains ownership of all Content and any AI-generated outputs; ScreenWise grants Customer a perpetual license to use outputs for internal business purposes.

The following obligations apply to Customer and all Permitted Users. You are responsible for any breach of these rules:

‍Lawful & Appropriate Content
‍Do not use the Service to create, store, or transmit content that is obscene, defamatory, hateful, or otherwise illegal.Do not infringe or misappropriate any third-party intellectual-property or privacy rights.

‍Business-only Usage
‍Use the Service solely for legitimate business communications.Non-business or personal calls, or abusive use of recording/transcription features, are prohibited.

‍No Unauthorized Distribution
‍You may not resell, transfer, lease, lend, or share access to the Service with any third party (including affiliates) without ScreenWise’s prior written consent.Do not make any portion of the Service or its content available to anyone other than your own employees and consultants for your internal benefit.

‍No Service Tampering
‍Do not copy, modify, remove, or obscure ScreenWise trademarks or copyright notices.Do not attempt to decompile, reverse-engineer, disassemble, or derive source code or speaker-recognition algorithms.Do not bypass or interfere with security or usage-tracking mechanisms.

‍System Integrity
‍You may not access ScreenWise systems or data not intentionally made available to you.Automated queries, scraping, or performance monitoring without permission are forbidden.You must not introduce malware, viruses, or other harmful code.

‍Third-Party Services Compliance
‍When integrating ScreenWise with tools such as Google Meet, Zoom, or ATS/CRM platforms, you must follow each provider’s terms of service. ScreenWise is not liable for any suspension or penalties arising from your breach of those third-party terms.

‍Competitive Restrictions
‍Direct competitors may not access the Service for competitive analysis, benchmarking, or similar purposes.

‍Obtaining Consents
‍You are responsible for providing any notices and obtaining any consents required by law— including call-recording notices and explicit biometric consent for the mandatory voice-print feature—before uploading or capturing personal data with the Service.

Default hosting region — United States.

EU/UK data residency is available on request and must be agreed in writing before provisioning.

Cross-border transfers rely on the EU Standard Contractual Clauses (SCCs) and UK Addendum plus supplementary measures.

Each party must protect the other’s Confidential Information with the same care it uses for its own (no less than reasonable care) and may disclose it only to employees/contractors under similar obligations or as required by law.

8.1  Indemnification by ScreenWise
ScreenWise will
(a) defend Customer and its affiliates, officers, directors and employees (“Customer Indemnitees”) against any third-party claim that
     (i) the Service, when used as authorized under this Agreement, infringes a third-party U.S. patent, copyright or trademark, or
     (ii) ScreenWise's own processing of Personal Data causes a reportable breach of applicable data-protection law; and
(b) pay the damages, costs (not including attorneys’ fees) finally awarded by a court (or agreed in settlement by ScreenWise) up to an aggregate cap equal to two (2) times the fees paid by Customer in the twelve (12) months preceding the claim.

‍If such a claim arises, ScreenWise may, at its option:procure the right for Customer to continue using the Service; or replace or modify the Service so it is non-infringing and materially equivalent; or if (1) and (2) are not commercially reasonable, terminate the affected subscription and refund any prepaid fees covering the unused remainder of the term.
‍
ScreenWise's obligations do not apply to claims arising from:
(i) Content supplied by Customer;
(ii) unauthorized use or modification of the Service;
(iii) combination of the Service with items not supplied by ScreenWise; or
(iv) Customer settling or admitting liability without ScreenWise's prior written consent.
‍
‍This Section 8.1 states ScreenWise's entire liability for IP- or privacy-related claims.

8.2  Indemnification by Customer
Customer will
(a) defend ScreenWise and its affiliates, officers, directors and employees (“ScreenWise Indemnitees”) against any third-party claim arising from
    (i) Content uploaded or recorded by Customer,
     (ii) Customer’s breach of law or this Agreement —including failure to obtain required call-recording or biometric-consent notices—or
     (iii) Customer’s unauthorized use of the Service; and
(b) pay the damages, costs and reasonable attorneys’ fees finally awarded by a court (or agreed in settlement by Customer) up to the same aggregate cap set out in Section 8.1.

8.3  Indemnification Procedure
The indemnifying party’s obligations under this Section 8 are conditioned on the indemnified party:
(i) promptly providing written notice of the claim in sufficient time to avoid prejudice;
(ii) granting the indemnifying party sole control of the defence and settlement (the indemnifying party may not settle unless the settlement unconditionally releases the indemnified party from all liability); and
(iii) providing reasonable cooperation and assistance at the indemnifying party’s expense.

ScreenWise provides the Service, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Service include only those rights customarily provided to the public as defined in this Agreement. If a government agency has a need for rights not conveyed under these terms, it must negotiate with ScreenWise to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.

ScreenWise respects the rights of copyright owners and expect ScreenWise  users to the same. If you are a copyright work owner or an agent thereof, and you believe any content submitted to and hosted on the Service infringes your copyrights, you may submit a notification pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) by providing the ScreenWise Designated Copyright Agent with the following information in writing (“Notice”):
‍
(i) sufficient details to enable identification of the copyrighted work that has been allegedly infringed, if multiple copyrighted works are claimed to be infringed, a representative list of such works;
(ii) a description of where the content that you claim is infringing is located on the Service; your contact information at which you may be contacted (for example, your address, telephone number, and email address);
(iii) a statement that you have a good faith belief that the use of the content identified in the Notice is not authorized by the copyright owner, its agent, or the law;
(iv) a statement, under penalty of perjury, that the information in the Notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and

Following receipt of your Notice, Rafiki will take whatever action as ScreenWise deems appropriate, including removal of the challenged content from the Service. Rafiki may ask you to provide further or supplemental information, prior to removing any content, as ScreenWise deems necessary to comply with the provisions of the DMCA. It is Rafiki’s policy to respond only to Notices of alleged infringement that comply with the provisions of this section.

ScreenWise's Designated Copyright Agent for notices of claims of copyright infringement may be reached as follows: ScreenWise.ai, Inc., email: admin@ScreenWise.ai

This Agreement will be governed by laws of the State of California, USA without regard to its choice of law or conflicts of law principles. You and ScreenWise consent to the exclusive jurisdiction and venue in the courts in San Francisco, California, USA, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court where such infringement has occurred.

EACH PARTY WAIVES ANY OBJECTION (ON THE GROUNDS OF LACK OF JURISDICTION, FORUM NON CONVENIENS OR OTHERWISE) TO THE EXERCISE OF SUCH JURISDICTION OVER IT BY ANY SUCH COURTS.

This Agreement, the Order Form, and the Privacy Policy comprise the entire agreement between you and ScreenWise, state ScreenWise's and ScreenWise's suppliers’ entire liability and your exclusive remedy with respect to the Service, and supersede all prior agreements pertaining to subject matters of the Agreement, the Order Form, and the Privacy Policy, and you specifically confirm that you have not entered into this Agreement relaying on any oral or written public comments made by Rafiki regarding future functionality or features of the Service. The terms of any purchase order or similar document will have no effect and are hereby rejected. This Agreement has been prepared in the English language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.

You and ScreenWise are independent contractors with respect to each other, and nothing in this Agreement will be construed as creating a partnership, agency, fiduciary or employment relationship or a joint venture between you and ScreenWise.

If any provision of this Agreement is held to be contrary to law, such provision will be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect.

The section titles in this Agreement are solely for convenience and have no legal or contractual significance. No provision of the Agreement will be construed against ScreenWise but rather will be construed in a neutral manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.

All modifications to or waivers of any term of this Agreement must be in a writing signed by you and ScreenWise and expressly reference this Agreement. No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right under the Agreement will not constitute a waiver.

ScreenWise suppliers are beneficiaries of the limitations, obligations and restrictions contained in this Agreement that are protective of ScreenWise or the Service.

This Agreement, and any rights granted hereunder, may not be transferred or assigned by a party, except to a successor of all or substantially all of its business or assets (by merger or otherwise).

You acknowledge that any use of the Service contrary to this Agreement, or any transfer, sub licensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to Rafiki, its affiliates, suppliers and any other party authorized by ScreenWise to resell, distribute, or promote the Service (“Resellers”), and under such circumstances ScreenWise, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

The “Service” is ScreenWise’s cloud-based conversation-intelligence platform that records, transcribes, analyses and shares audio/video calls, demos and related data (“Content”).  ScreenWise automatically generates speaker voiceprints to enable mandatory speaker-recognition accuracy.

‍You receive a non-exclusive license to use the Service during a valid subscription term (or free trial) as set out in an Order Form.  ScreenWise may provision administrative accounts so you can create “Permitted Users.”  You are responsible for all activity that occurs under your accounts.

ScreenWise uses commercially reasonable efforts to maintain 24×7 availability, aside from planned maintenance (scheduled during off-peak hours where practical) and force-majeure events.

Last updated: Jul 13, 2025

IMPORTANT, READ CAREFULLY:
YOUR USE OF AND ACCESS TO THE SERVICE (AND ASSOCIATED SOFTWARE) (COLLECTIVELY, THE “SERVICE”) OF RAFIKI, INC. AND ITS AFFILIATES (“ScreenWise”) IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.

BY CLICKING THE “I AGREE” BUTTON/BOX, ACCESSING THE ScreenWise WEBSITE OR BY UTILIZING THE ScreenWise SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (THE “AGREEMENT”). THE RAFIKI SERVICE IS NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS.  

ScreenWise will provide the Service, and you may access and use the Service, in accordance with this Agreement. If you order the Service through an online registration page or an order form (each an “Order Form”), the Order Form may contain additional terms and conditions and information regarding the Service you are ordering.