Terms of Service
Last updated: July 9, 2026
These Terms of Service ("Terms") govern access to and use of the Hireware hiring-operations system and related managed services (the "Services"), provided by Bessemer Legacy, LLC ("Hireware," "we," "us"). By creating an account, signing an order form or engagement letter that references these Terms, or using the Services, the customer organization ("Customer," "you") and its Authorized Users agree to these Terms. If you are accepting on behalf of an organization, you represent that you have authority to bind it.
1. The Services
Hireware is a hiring-operations system, not an applicant tracking system of record, a job board, or a provider of employment decisions. The Services help a hiring team coordinate the operational work of hiring: intake and organization of applications, AI-assisted extraction of factual information and structural flags from résumés and (where enabled) first-round interviews, collection of structured manager feedback and stakeholder input, pipeline tracking, and offer coordination. During Phase 1, Hireware may operate the Services on the Customer's behalf as a managed service under a separate engagement.
2. Hireware's AI posture (and its limits)
The Services include AI features. The governing design constraint, which is also a contractual commitment:
- The AI extracts facts, matches stated criteria, and surfaces flags or patterns for a human to review. It does not produce a candidate score, rank, rating, classification, or hire/no-hire recommendation, by AI or by deterministic math.
- The AI never makes, and is not designed to make, an employment decision. Every disposition (advance, hold, reject, offer) is made by a human user of the Customer.
- Where the Services transcribe a recorded interview, Hireware analyzes the transcript text only. Hireware does not perform facial analysis, emotion or affect analysis, voiceprint or speaker-biometric analysis, or extract any biometric identifier.
AI output may be incomplete or inaccurate and is provided to assist human judgment. It is not legal advice and must not be used as the sole basis for any employment decision. The Customer is responsible for independently reviewing all AI output before acting on it.
3. Customer responsibilities and compliance
The Customer is the employer and sole decision-maker with respect to its candidates. Hireware provides tools; the Customer makes the hiring decisions and is solely responsible for them. In particular, the Customer agrees that it will:
- Comply with all laws applicable to its hiring, including Title VII, the ADA, the ADEA, GINA, the FCRA (where background checks are involved), state and local fair-employment, "ban-the-box," salary-history-ban, and pay-transparency laws, and all applicable AI-in-hiring laws (for example, NYC Local Law 144, the Illinois Artificial Intelligence Video Interview Act, the Colorado AI Act, and analogous state or local measures).
- Provide candidates with any legally required notices and obtain any legally required consents (including notices about the use of AI tools, recording consents, and adverse-action notices), and conduct any bias audits required of the Customer as the deploying employer.
- Use the Services consistent with Hireware's human-in-the-loop design, and not attempt to use any output as an automated decision or to circumvent the human-review design.
- Post only lawful, accurate positions; not collect prohibited information through the system; and keep candidate communications truthful.
- Keep Authorized Users' credentials secure and ensure Authorized Users comply with these Terms.
As between the parties, the Customer is the controller/employer of the candidate personal data it processes through the Services; Hireware processes that data as the Customer's service provider/processor under these Terms and the Privacy Policy (and a Data Processing Addendum where one applies).
4. Accounts and acceptable use
Authorized Users must be at least 18. You will not: misuse or attempt to disrupt the Services; access another tenant's data; reverse-engineer or resell the Services; upload malware or unlawful content; use the Services to unlawfully discriminate; or use the Services to make or simulate an automated employment decision. Hireware may suspend access for conduct that threatens the Services, other customers, or candidates.
5. Customer data and ownership
As between the parties, the Customer owns the data it submits or generates through the Services ("Customer Data"), including candidate records, notes, feedback, and votes. The Customer grants Hireware a limited, non-exclusive license to host, process, and transmit Customer Data solely to provide, secure, and support the Services, and as described in the Privacy Policy. Hireware does not sell Customer Data and does not use candidate personal data to train third-party AI models; our AI sub-processors are engaged under terms that prohibit training on our data. Hireware owns the Services, software, and all related intellectual property, excluding Customer Data.
6. Confidentiality
Each party will protect the other's non-public information disclosed in connection with the Services using at least reasonable care, and use it only to perform under these Terms. This does not apply to information that is public, independently developed, or rightfully received from a third party, or to disclosures required by law (with notice where permitted).
7. Fees
Fees, payment terms, and the scope of any managed service are set out in the applicable order form or engagement letter. Those terms control over these Terms to the extent they conflict on commercial matters.
8. Third-party services and sub-processors
The Services rely on third-party sub-processors (for hosting, AI, transcription, email, and error monitoring). The current list and their roles are described in the Privacy Policy. The Customer authorizes Hireware to engage them to provide the Services.
9. Disclaimers
THE SERVICES AND ALL AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Hireware does not warrant that AI output is accurate, complete, or error-free, that the Services will be uninterrupted, or that the Services satisfy any particular legal obligation of the Customer. Hireware does not provide legal advice. Nothing in the Services is a substitute for the Customer's own legal and compliance judgment.
10. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising out of the Services. Hireware's total liability arising out of or related to the Services will not exceed the fees paid by the Customer for the Services in the 12 months before the event giving rise to the claim. These limits do not apply to a party's indemnification obligations or to liability that cannot be limited by law.
11. Indemnification
The Customer will defend and indemnify Hireware against third-party claims arising from the Customer's hiring decisions, the Customer's use of the Services in violation of law (including employment and AI-in-hiring laws), the Customer Data, or the Customer's breach of these Terms. Hireware will defend and indemnify the Customer against third-party claims that the Services, as provided by Hireware and used as permitted, infringe that third party's U.S. intellectual-property rights.
12. Term, termination, and data return
These Terms apply while the Customer uses the Services. Either party may terminate as set out in the order form or for material breach not cured within 30 days of notice. On termination, the Customer may export its Customer Data for a reasonable period, after which Hireware will delete or de-identify it, except where retention is required by law or to resolve disputes.
13. Changes
Hireware may update the Services and these Terms. Material changes to these Terms will be posted with a new "Last updated" date and, where appropriate, communicated to the Customer. Continued use after changes take effect constitutes acceptance.
14. Governing law and disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. The parties will attempt to resolve disputes informally first; unresolved disputes will be brought in the state or federal courts located in Texas, unless the order form specifies arbitration.
15. General
These Terms (with the order form, the Privacy Policy, and any DPA) are the entire agreement on their subject matter. If a provision is unenforceable, the rest remains in effect. Neither party may assign these Terms without consent, except in a merger or sale of substantially all assets. Neither party is liable for delays caused by events beyond its reasonable control. Notices to Hireware may be sent to legal@hireware.co.
16. Contact
Questions about these Terms: legal@hireware.co or engage@hireware.co.
