Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Aetherwave Holdings LLC ("Company," "we," "us," or "our"), governing your access to and use of the StormInterview platform, including our website at storminterview.com, applications, APIs, and all related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, do not use the Service.

2. Description of Service

StormInterview is an asynchronous video interview platform designed for businesses and organizations. The Service allows Customers (employers, recruiters, and hiring managers) to create interview templates, invite Candidates to record video responses, and receive AI-powered scoring and analysis of those responses.

Key features of the Service include:

• Asynchronous video interview recording and management
• Live video interview capabilities
• AI-powered transcription and scoring of interview responses
• Customizable interview templates and question libraries
• Team collaboration and candidate evaluation tools
• Integration with third-party applicant tracking systems and HR tools
• Multi-language support

3. Account Registration and Responsibilities

3.1 Account Creation

To use the Service as a Customer, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You must immediately notify us at support@storminterview.com if you suspect any unauthorized access to your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Team Members

Customers may invite team members to their account. The account owner is responsible for the actions of all team members and for ensuring they comply with these Terms.

4. Subscription Plans and Billing

4.1 Plans and Pricing

The Service is offered through various subscription plans with different features and usage limits. Current pricing is available on our website. We reserve the right to modify pricing with at least 30 days' notice before the start of your next billing cycle.

4.2 Payment Processing

All payments are processed through Stripe. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis. You are responsible for keeping your payment information current.

4.3 Free Trials

We may offer free trial periods. At the end of a trial, your account will be converted to a paid subscription unless you cancel before the trial expires. We will notify you before the trial ends.

4.4 Refunds

Subscription fees are generally non-refundable. If you believe you are entitled to a refund, please contact us at support@storminterview.com. We may, at our sole discretion, issue refunds on a case-by-case basis.

5. Candidate Consent

Customers are responsible for obtaining appropriate consent from Candidates before using the Service to conduct interviews. This includes informing Candidates that:

• Their video responses will be recorded and stored
• Their responses will be transcribed using automated speech-to-text technology
• AI will be used to analyze and score their interview responses
• Their data will be processed in accordance with our Privacy Policy

By participating in an interview through StormInterview, Candidates acknowledge and consent to the recording, transcription, and AI analysis of their responses. Candidates may withdraw consent by contacting the Customer who invited them or by emailing us at support@storminterview.com.

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including its design, code, features, algorithms, documentation, trademarks, and branding, is owned by Aetherwave Holdings LLC and protected by intellectual property laws. You may not copy, modify, distribute, reverse engineer, or create derivative works based on the Service without our prior written consent.

6.2 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use and incorporate that feedback into the Service without obligation to you.

7. Acceptable Use Policy

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Upload or transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to any part of the Service or its infrastructure
• Interfere with or disrupt the Service or servers connected to the Service
• Use the Service to discriminate against Candidates on the basis of race, gender, age, religion, disability, or any other protected characteristic
• Scrape, crawl, or use automated tools to extract data from the Service without permission
• Resell, sublicense, or redistribute the Service without our written consent
• Impersonate another person or entity
• Use the Service in a way that could harm minors

We reserve the right to suspend or terminate accounts that violate this Acceptable Use Policy.

8. Data Ownership

Customer Data: Customers retain ownership of all data they upload to or create through the Service, including interview templates, questions, and evaluation criteria. You grant us a limited license to use this data solely to provide and improve the Service.

Candidate Data: Video recordings, transcripts, and AI-generated scores are considered Customer Data. Customers are responsible for the lawful collection and use of Candidate Data.

Data Export: Customers may export their data at any time through the Service or by contacting us. Upon account termination, we will make Customer Data available for export for 30 days before permanent deletion.

Aggregated Data: We may use anonymized, aggregated data derived from Customer usage for analytics, benchmarking, and improving the Service. This aggregated data will not identify any individual Customer, Candidate, or organization.

9. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, upgrades, or circumstances beyond our control.

We will make reasonable efforts to notify Customers in advance of planned downtime. We are not liable for any loss or damage resulting from service interruptions. Specific uptime commitments, if applicable, are detailed in separate Service Level Agreements (SLAs) for enterprise customers.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AETHERWAVE HOLDINGS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.

Our total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to the claim.

AI Scoring Disclaimer: AI-generated scores and analysis are provided as decision-support tools only. They are not a substitute for human judgment. We do not guarantee the accuracy, completeness, or reliability of AI-generated outputs. Customers are solely responsible for all hiring decisions made using the Service.

11. Indemnification

You agree to indemnify, defend, and hold harmless Aetherwave Holdings LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

12. Termination

By You: You may cancel your subscription and close your account at any time through the Service settings or by contacting us. Cancellation takes effect at the end of your current billing cycle.

By Us: We may suspend or terminate your access to the Service at any time, with or without cause, including for violations of these Terms or the Acceptable Use Policy. We will provide reasonable notice when possible.

Effect of Termination: Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days to allow for export, after which it will be permanently deleted unless retention is required by law.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict-of-law provisions. Any legal proceedings arising from or related to these Terms shall be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico.

14. Dispute Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at support@storminterview.com. We will attempt to resolve the dispute within 30 days.

If informal resolution fails, any dispute shall be resolved through binding arbitration conducted in Albuquerque, New Mexico, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding.

Class Action Waiver: You agree that any dispute resolution will be conducted on an individual basis only and not as a class, consolidated, or representative action.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page, updating the "Last updated" date, and sending an email notification to the address associated with your account. Continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

If you disagree with any changes, you may cancel your account before the changes take effect.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable Service Level Agreement, constitute the entire agreement between you and us.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17. Contact Information

If you have questions about these Terms, please contact us: