Provn Terms of Service

Effective Date: October 27, 2025

1. INTRODUCTION AND ACCEPTANCE

1.1 About Provn

Provn operates a merit-based hiring platform that connects talent with employers through demonstrated capabilities rather than traditional credentials. Our platform allows candidates to complete real-world challenges, build professional portfolios, and get matched with career opportunities while enabling employers to discover and evaluate talent based on proven work.

1.2 Agreement to Terms

By creating a Provn account, accessing, or using our platform and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using Provn on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

1.3 Who We Are

These Terms constitute an agreement between you and Provn, Inc. ("Provn," "we," "us," or "our"), a Delaware corporation with offices at 1100 Bellevue Way, Suite 8a, #823, Bellevue, WA 98004.

1.4 Changes to Terms

We may modify these Terms from time to time. We will provide notice of material changes through our platform or via email at least 30 days before changes become effective. Continued use of our Services after changes become effective constitutes acceptance of the updated Terms.

1.5 Geographic Scope

These Services are currently available in the United States and United Kingdom. Additional jurisdictions may be added over time. Specific provisions apply based on your location as detailed throughout these Terms.

2. ELIGIBILITY AND ACCOUNT REQUIREMENTS

2.1 Age and Capacity

• Users must be at least 16 years old to create an account
• Users under 18 may only use the platform with parental consent and supervision when required by applicable law
• You must have the legal capacity to enter into binding agreements

2.2 Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You must provide accurate, complete, and current information
• You may not share accounts or create multiple accounts
• You must notify us immediately of any unauthorized access at legal@provn.co

2.3 Educational Use

When Provn is used in connection with educational institutions:

• Students under 18 using the platform through their school are protected under FERPA
• Schools must obtain appropriate consents and provide required notifications
• Educational data will be handled in compliance with FERPA and applicable state laws
• Educational records are subject to specific retention and deletion policies

3. USER CATEGORIES AND SERVICES

3.1 Candidates

As a candidate, you may:

• Complete challenges and build portfolios
• Create profiles showcasing your work
• Apply to job opportunities
• Receive AI-powered career coaching
• Access premium features through subscription
• Request human review of AI-assisted evaluations
• Exercise data rights as described in Section 6

3.2 Employers

As an employer, you may:

• Post challenges and job opportunities
• Access candidate portfolios and submissions
• Use AI-powered recruitment tools with mandatory human oversight
• Create custom challenges for talent pipeline development
• Purchase subscription services and challenge sponsorships
• Employers are responsible for all final hiring decisions and legal compliance

3.3 Educational Partners

Educational institutions may:

• Integrate challenges into coursework
• Access student progress and outcomes
• Utilize career services features
• Maintain compliance with educational privacy laws (FERPA, state laws)

4. CHALLENGE FRAMEWORK AND PORTFOLIO SYSTEM

4.1 Challenge Participation

• Challenges are designed to assess real-world problem-solving abilities
• Submissions may include code, documents, presentations, and video explanations
• All challenge submissions become part of your professional portfolio
• You retain ownership of your original creative content while granting us necessary licenses
• Submissions must be your own original work

4.2 Portfolio Rights and Usage

Your Rights:

• You own the intellectual property rights to your original work and submissions
• You control privacy settings for portfolio visibility
• You may withdraw content subject to the limitations below
• You can request deletion of your portfolio data (subject to legal retention requirements)

License to Provn: You grant Provn a non-exclusive, worldwide, royalty-free license to:

• Display and distribute your portfolio content within our platform
• Use your submissions for AI assessment and matching purposes
• Analyze content for bias reduction and platform improvement
• Include your work in aggregate analytics (anonymized)
• Retain data as required by law (4 years US minimum, 6 years UK)

Limitations:

• Content shared with employers may be copied and retained by them
• Challenge submissions completed through educational partnerships may have additional usage terms
• Portfolio content visible to employers cannot be retroactively restricted from those who have already accessed it
• Audit logs and compliance data must be retained per legal requirements

4.3 Content Standards

All submissions must:

• Be your original work or properly licensed
• Comply with applicable laws and regulations
• Not contain confidential information belonging to others
• Meet professional standards appropriate for employer review
• Not include personally identifiable information of others without consent
• Not constitute academic dishonesty when submitted through educational institutions

5. AI-POWERED FEATURES AND MANDATORY HUMAN OVERSIGHT

5.1 AI Assessment Engine

Our AI systems evaluate submissions to:

• Distinguish between human insight and AI-generated content
• Assess quality and relevance of work
• Identify patterns indicating job performance potential
• Reduce bias in evaluation processes
• Generate candidate scoring and recommendations

5.2 Mandatory Human Review - Critical Requirements

LEGALLY REQUIRED HUMAN OVERSIGHT:

• NO hiring decision is made by AI alone
• ALL AI recommendations are reviewed by qualified human decision-makers
• Human reviewers can and do override AI recommendations
• Human review occurs before any adverse employment action
• You have the right to request additional human review at any time

This human review requirement satisfies:

• NYC Local Law 144 (automated employment decision tool regulations)
• California Fair Employment and Housing Act
• UK GDPR Article 22 (right not to be subject to solely automated decisions)
• Other applicable employment and data protection laws

5.3 Pre-Evaluation Notices and Timing

UNITED STATES CANDIDATES:

For positions in New York City, California, and other applicable jurisdictions:

• You will receive notice at least 10 business days before AI evaluation begins
• Notice includes: what is evaluated, how the AI works, your rights, and appeal procedures
• For NYC positions specifically, the 10-day notice period is legally required
• Evaluation will not begin until this notice period expires

UNITED KINGDOM CANDIDATES:

• You will receive notice compliant with UK GDPR transparency requirements
• Notice includes: lawful basis for processing, your data rights, human oversight, and appeal procedures
• Processing is based on legitimate interests or consent (as applicable)
• You have specific rights under UK GDPR Articles 15-22 (detailed in Section 6)

ALL JURISDICTIONS:

• Notices are sent via email to the address associated with your account
• You must receive and acknowledge the notice before evaluation proceeds
• Contact legal@provn.co with questions about notices or rights

5.4 Important AI Disclosures

No Sole Reliance: AI assessments are tools to assist human decision-making and are NEVER the sole basis for employment decisions. This is legally required and strictly enforced.

Mandatory Human Review: Every evaluation undergoes human review by qualified personnel. Human reviewers:

• Are trained on bias awareness and employment law
• Can and do override AI recommendations
• Make the final hiring decision
• Document their reasoning for all decisions

Bias Mitigation: We implement bias reduction techniques including:

• Regular testing across demographic groups
• Ongoing monitoring for disparate impact
• Third-party bias audits (annual)
• Continuous improvement based on audit findings

However, no AI system is perfect. Employers remain fully responsible for ensuring non-discriminatory hiring practices and compliance with all employment laws.

Accuracy Limitations: AI-generated content may contain errors. All assessments must be verified through human review before any employment action.

5.5 Employer Responsibilities for AI Use

Employers using our AI features MUST:

• Maintain meaningful human oversight in ALL hiring decisions
• Ensure job-relatedness of assessment criteria
• Provide reasonable accommodations as required by law (see Section 5.7)
• Comply with all applicable employment and anti-discrimination laws including:
• Title VII of the Civil Rights Act (US)
• Americans with Disabilities Act (US)
• Age Discrimination in Employment Act (US)
• California Fair Employment and Housing Act
• State and local fair employment laws
• UK Equality Act 2010
• UK GDPR and Data Protection Act 2018
• NOT use AI assessments as the sole or primary factor in hiring decisions
• Maintain audit trails of all hiring decisions (4 years US, 6 years UK minimum)
• Respond to accommodation requests within 5 business days
• Conduct or participate in bias audits as required by law

Employers are legally liable for their hiring decisions and use of the platform.

5.6 Candidate Rights Regarding AI

You have the right to:

• Know when and how AI is used in evaluating your submissions (pre-evaluation notice)
• Request human review of any AI-generated assessment
• Receive an explanation of how the AI system evaluated your work
• Appeal any adverse decision (see Section 5.8)
• Request reasonable accommodations (see Section 5.7)
• Access your evaluation data (see Section 6.4)
• File complaints regarding AI bias or discrimination
• Withdraw your application at any time

These rights are legally protected and cannot be waived.

5.7 Reasonable Accommodations

REQUEST PROCESS:

• Contact legal@provn.co with your request
• Requests are reviewed within 5 business days
• We engage in an interactive process with you and the employer
• Accommodations are provided as required by the ADA (US) and Equality Act 2010 (UK)

AVAILABLE ACCOMMODATIONS MAY INCLUDE:

• Extended time for challenge completion
• Alternative format for challenge materials
• Assistive technology compatibility
• Modified evaluation criteria where appropriate
• Alternative assessment methods
• Other reasonable accommodations based on need

CONFIDENTIALITY:

• Accommodation requests are kept confidential
• Only necessary information is shared with employers
• Medical documentation (if provided) is stored separately and securely

5.8 Appeals Process

You may appeal any evaluation decision:

INFORMAL APPEAL (Available to all candidates):

• Email legal@provn.co within 30 days of decision
• Describe your concerns with the evaluation
• Request re-review by a different human reviewer
• Response provided within 10 business days

FORMAL APPEAL (For UK candidates, GDPR Article 22 right):

• Submit formal appeal to legal@provn.co
• Request complete human re-evaluation without AI involvement
• Independent reviewer examines your submission
• Detailed written explanation provided within 15 business days

EXTERNAL COMPLAINTS:

• US candidates may file complaints with EEOC or state agencies
• UK candidates may file complaints with ICO (Information Commissioner's Office)
• All candidates may seek legal counsel

6. DATA PRIVACY AND PROTECTION

6.1 Data Collection and Use

We collect and process:

• Account and profile information
• Challenge submissions and portfolio content
• Platform usage and interaction data
• AI evaluation data and scores
• Human review decisions and reasoning
• Communication and feedback data
• Payment and billing information (for premium services)
• Accommodation requests and related information

6.2 Lawful Basis for Processing (UK Users)

For UK users, we process your data based on:

• Legitimate interests: Providing AI-assisted hiring services, improving platform, reducing bias
• Contractual necessity: Fulfilling our agreement with you
• Consent: Where explicitly obtained (you may withdraw)
• Legal obligations: Compliance with employment and data protection laws

You have the right to object to processing based on legitimate interests.

6.3 Educational Data Protection (FERPA Compliance)

For educational users:

• We act as a "school official" with legitimate educational interests
• Student data is used only for authorized educational purposes
• Parents/eligible students have rights to access and correct records
• We maintain appropriate security measures for educational records (encryption, access controls)
• Data is deleted or returned upon termination unless legally required to retain
• We do not sell educational data or use it for advertising
• Annual notifications provided to educational partners

6.4 Data Subject Rights

UNITED STATES CANDIDATES:

• Access your data: Request copies of your personal data and evaluation records
• Correct your data: Request correction of inaccurate information
• Delete your data: Request deletion (subject to legal retention requirements)
• Opt-out: Opt out of certain data processing (where applicable)
• Non-discrimination: You will not face discrimination for exercising these rights

Contact: legal@provn.co

Response time: 45 days (US standard)

UNITED KINGDOM CANDIDATES (UK GDPR Rights):

• Right of access (Article 15): Obtain copies of your personal data
• Right to rectification (Article 16): Correct inaccurate data
• Right to erasure (Article 17): Request deletion (subject to legal retention)
• Right to restrict processing (Article 18): Limit how we use your data
• Right to data portability (Article 20): Receive your data in machine-readable format
• Right to object (Article 21): Object to processing based on legitimate interests
• Rights related to automated decision-making (Article 22): Human review of automated decisions
• Right to withdraw consent: Where processing is based on consent

Contact: legal@provn.co

Response time: 30 days (UK GDPR standard)

EXERCISING YOUR RIGHTS:

• Email your request to legal@provn.co
• Include your name, email, and specific request
• We will verify your identity before processing
• Some rights may be limited by legal requirements (e.g., audit retention)
• You may file complaints with supervisory authorities (ICO for UK users)

6.5 Data Retention

EVALUATION AND HIRING DATA:

• United States: Minimum 4 years (California requirement applies to all US data)
• United Kingdom: Minimum 6 years (employment tribunal limitation period)
• Longer retention if required by law or pending legal proceedings

AUDIT LOGS:

• Complete records of all AI evaluations and human reviews
• Immutable logging (cannot be edited or deleted)
• Retained for full legal retention period
• Used for compliance, bias monitoring, and legal defense

PORTFOLIO CONTENT:

• Retained while account is active
• Retained for 90 days after account deletion (backup retention)
• May be retained longer if required by law
• Content shared with employers may be retained by them independently

EDUCATIONAL RECORDS:

• Follow institutional retention policies
• Minimum periods as required by FERPA and state laws
• Deleted or returned upon program termination unless legally required

6.6 International Data Transfers

• We may transfer data globally to provide our services
• Appropriate safeguards are in place for international transfers (encryption, access controls, contractual protections)
• UK users benefit from Standard Contractual Clauses and adequacy decisions
• EU users (when EU service begins) will be protected under EU-US Data Privacy Framework

6.7 Security Measures

We maintain industry-standard security including:

• Encryption at rest and in transit (AES-256, TLS 1.3)
• Access controls and authentication
• Regular security audits and penetration testing
• Incident response procedures
• Employee training on data protection
• Vendor security requirements

However, no system is completely secure. We will notify you of any data breach as required by law.

7. COMMUNICATIONS AND MARKETING

7.1 Platform Communications

By using our Services, you consent to receive:

• Service-related notifications and updates
• Security alerts and account information
• Compliance notices (pre-evaluation, post-decision)
• Product updates and feature announcements
• Accommodation-related communications

These communications are required for service delivery and cannot be opted out of.

7.2 Marketing Communications

We may send marketing communications including:

• Career opportunities and job matching alerts
• Educational content and career guidance
• Product updates and new feature announcements
• Event invitations and industry insights
• Surveys and feedback requests

Opt-Out Rights: You may unsubscribe from marketing communications at any time through:

• Account settings
• Unsubscribe links in emails
• Email to legal@provn.co

7.3 SMS/Text Messages

If you provide a mobile number, you may receive:

• Account verification codes
• Evaluation status notifications
• Interview reminders and notifications
• Job alert notifications (if enabled)
• Marketing messages (with explicit consent)

Standard message and data rates apply. Reply STOP to opt out of non-essential messages.

8. PAYMENT TERMS AND PREMIUM SERVICES

8.1 Premium Services

Premium services may include:

• Enhanced portfolio tools and analytics
• Advanced AI career coaching
• Priority job matching
• Extended challenge access
• Premium employer features
• Custom challenges and branding

8.2 Subscription Terms

• Subscriptions automatically renew unless cancelled
• You may cancel at any time through account settings
• Refunds are provided in accordance with our refund policy (30-day money-back guarantee for new subscriptions)
• Price changes will be communicated at least 30 days in advance
• No refunds for partial months upon cancellation

8.3 Employer Services

• Employer subscriptions include platform access and AI tools
• Challenge sponsorships are billed separately
• Custom pricing available for enterprise customers
• Payment terms are specified in individual agreements
• Late payments may result in service suspension
• All employer services require human review compliance

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Provn's Intellectual Property

Provn owns all rights to:

• Platform software and technology
• AI algorithms and assessment tools (including proprietary models)
• Provn trademarks and branding
• Platform design and user interface
• Aggregate data and insights (anonymized)
• Documentation and training materials

These are protected by copyright, trademark, patent, and trade secret laws.

9.2 User Content Ownership

• You retain ownership of your original creative work
• Provn owns compiled portfolios and platform-generated content (e.g., AI scores, analytics)
• Third-party content must be properly licensed
• You are responsible for intellectual property compliance
• You represent that your submissions do not violate others' IP rights

9.3 Feedback and Suggestions

Any feedback or suggestions you provide about the platform may be used by Provn without compensation or attribution. This helps us improve our services for all users.

10. PROHIBITED USES AND CONDUCT

10.1 Prohibited Activities

You may not:

• Submit work that is not your own without proper attribution
• Use the platform for unlawful purposes
• Circumvent security measures or platform limitations
• Scrape, extract, or systematically download data from the platform
• Create fake accounts or impersonate others
• Share account credentials or access
• Interfere with other users' experience
• Upload malicious code, viruses, or harmful content
• Manipulate or game the AI evaluation system
• Discriminate against candidates based on protected characteristics (employers)
• Use the platform for purposes other than hiring/career development

10.2 Academic Integrity

When using Provn through educational institutions:

• Follow your institution's academic integrity policies
• Complete work independently unless collaboration is explicitly permitted
• Properly cite any sources or references used
• Do not share answers or collaborate inappropriately
• Understand that violations may result in both platform and academic consequences

10.3 Employment Law Compliance (Employers)

Employers MUST:

• Comply with ALL applicable employment and anti-discrimination laws
• Provide reasonable accommodations as required
• Use assessments that are job-related and consistent with business necessity
• Maintain appropriate records as required by law (4 years minimum US, 6 years UK)
• Not discriminate based on protected characteristics including:
• Race, color, national origin
• Sex, gender identity, sexual orientation
• Religion
• Disability
• Age
• Pregnancy
• Genetic information
• Other protected characteristics under applicable law
• Conduct adverse impact analyses if required
• Participate in bias audits as legally required

10.4 Consequences of Violations

Violations may result in:

• Content removal or editing
• Account warnings or restrictions
• Temporary or permanent account suspension
• Termination of services
• Legal action
• Reporting to law enforcement (where required)
• Reporting to educational institutions (for students)
• Notification to relevant regulatory authorities

11. CONTENT MODERATION AND ENFORCEMENT

11.1 Content Review

We may review content to ensure:

• Compliance with these Terms
• Appropriate professional standards
• Legal and regulatory compliance
• Protection of user safety and platform integrity
• Detection of bias or discrimination

Content review may be conducted through:

• Automated systems (AI-based detection)
• Human moderators
• User reports
• Random sampling

11.2 Enforcement Actions

We may take action including:

• Content removal or editing
• Account warnings
• Feature restrictions
• Temporary suspension (typically 7-30 days)
• Permanent account termination
• Reporting to authorities
• Legal action for damages

11.3 Appeals Process

Users may appeal enforcement actions:

• Email legal@provn.co within 30 days of the action
• Provide explanation and any relevant information
• Response within 10 business days
• Independent review of the decision
• Final decision communicated in writing

12. DISCLAIMERS AND LIMITATIONS

12.1 Service Disclaimers

PROVN SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING:

• Accuracy of AI assessments or job matching results
• Guarantee of employment or hiring outcomes
• Uninterrupted or error-free service availability
• Security of user data (though we use industry-standard measures)
• Compatibility with all third-party systems
• Fitness for any particular purpose

This disclaimer does not affect warranties that cannot be excluded under applicable law.

12.2 AI-Specific Disclaimers

• AI assessments may contain errors or exhibit bias despite mitigation efforts
• Results should NEVER be the sole basis for employment decisions (legally prohibited)
• AI performance may vary across different types of work, industries, or populations
• Human review is REQUIRED and cannot be waived
• We do not guarantee any specific level of accuracy
• Bias audits may reveal issues that require system adjustments

12.3 Third-Party Content and Services

• We are not responsible for third-party content, services, or websites
• Employer job postings and requirements are the employer's responsibility
• Third-party integrations are provided as-is
• We do not endorse any specific employer or opportunity

12.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

PROVN'S TOTAL LIABILITY IS LIMITED TO THE GREATER OF:

• The amount paid by you in the 12 months preceding the claim, OR
• $100

WE ARE NOT LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Employment decisions made by employers
• Damages resulting from your use or inability to use the services
• Unauthorized access to your account or data
• Errors or omissions in AI assessments
• Third-party actions or content

EXCEPTIONS: This limitation does not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Violations of consumer protection laws that prohibit such limitations
• Other liabilities that cannot be limited under applicable law

12.5 UK-Specific Limitations

For UK users, nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Breach of implied terms about title, description, satisfactory quality, fitness, and correspondence with sample
• Any other liability that cannot be excluded under UK law

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Provn, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of applicable laws or regulations
• Content you submit to the platform
• Your employment decisions (for employers)
• Your infringement of any intellectual property or other rights
• Your discrimination or violation of employment laws (for employers)
• Your breach of data protection obligations

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

14. TERMINATION

14.1 Termination by Users

• You may terminate your account at any time through account settings
• Premium subscriptions continue until the end of the current billing period
• Portfolio content will be retained for 90 days for potential recovery
• Some data must be retained as required by law or these Terms (audit logs, evaluation records)
• Refunds (if any) are provided per Section 8.2

14.2 Termination by Provn

We may suspend or terminate accounts for:

• Violation of these Terms
• Illegal activity or harmful conduct
• Extended periods of inactivity (12+ months with notice)
• Business reasons (with 30 days notice and refunds of prepaid fees)
• Failure to pay fees (for premium services)
• Risk to platform integrity or other users

We will provide notice before termination except in cases of:

• Serious violations
• Legal requirements
• Immediate risk to users or the platform

14.3 Effect of Termination

Upon termination:

• Access to Services will cease immediately
• Some content may remain visible to employers who previously accessed it
• Audit logs and evaluation records will be retained as legally required
• Data subject rights continue to apply (you can still request your data)
• Payment obligations for services rendered remain in effect
• Certain provisions survive termination (Sections 9, 12, 13, 15, 16)

15. DISPUTE RESOLUTION

15.1 Governing Law

• These Terms are governed by the laws of the State of Delaware, USA
• UK users also benefit from UK consumer protection laws that cannot be contracted away
• No conflict of law principles apply

15.2 Arbitration Agreement (US Users)

BINDING ARBITRATION:

Disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, EXCEPT for:

Excluded from arbitration:

• Claims in small claims court
• Claims for injunctive relief
• Intellectual property disputes
• Claims related to data breaches
• Claims that cannot be arbitrated under applicable law

Arbitration procedures:

• AAA rules apply (available at www.adr.org)
• Single arbitrator selected per AAA rules
• Location: Seattle, Washington (or mutually agreed location)
• Costs: Per AAA rules (we pay filing fees for consumer claims)
• Discovery: Limited as appropriate
• Confidential proceedings

15.3 UK Users - Dispute Resolution

UK users have the right to:

• Bring claims in UK courts
• Access to UK tribunals for employment-related claims
• Complaint to Information Commissioner's Office (ICO) for data protection issues
• Alternative dispute resolution services

15.4 Class Action Waiver (US Users)

YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS AGAINST PROVN.

All disputes must be brought in individual capacity, not as part of a class action. This waiver does not apply if prohibited by law.

15.5 Government Authority Complaints

Nothing in these Terms prevents you from filing complaints with:

• Equal Employment Opportunity Commission (EEOC) - US
• State fair employment agencies - US
• Information Commissioner's Office (ICO) - UK
• Other relevant regulatory or enforcement agencies

16. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms, along with our Privacy Policy, Cookie Policy, and any additional service-specific terms, constitute the entire agreement between you and Provn regarding the Services.

16.2 Severability

If any provision is found unenforceable by a court or regulatory authority, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full effect.

16.3 Assignment

• You may not assign these Terms without our prior written consent
• We may assign these Terms in connection with business transfers (merger, acquisition, sale of assets)
• Your rights and obligations will remain binding on any permitted assignee

16.4 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of Provn.

16.5 Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including:

• Natural disasters
• Acts of war or terrorism
• Pandemics or public health emergencies
• Government actions or regulations
• Internet service provider failures
• Power outages
• Labor disputes

16.6 Notices

Notices to you:

• Email to your registered email address
• In-app notifications
• Posting on our website

Notices to us:

• Legal notices: legal@provn.co
• Support issues: info@provn.co
• Privacy concerns: legal@provn.co
• Compliance questions: legal@provn.co

16.7 Relationship of Parties

• No agency, partnership, joint venture, or employment relationship is created
• You are an independent user of the services
• Employers are independent businesses responsible for their own hiring decisions

16.8 Language

These Terms are drafted in English. Any translations are provided for convenience only. In case of conflicts, the English version controls.

17. JURISDICTION-SPECIFIC PROVISIONS

17.1 United States

NEW YORK CITY (Local Law 144):

• 10-day pre-evaluation notice required
• Annual bias audit required (results available at provn.co/bias-audit)
• Alternative selection process available upon request
• Enforcement: NYC Commission on Human Rights

CALIFORNIA:

• 4-year data retention required
• CPPA enforcement of automated decision-making tools
• Right to access and delete data (CCPA)
• Anti-discrimination protections (FEHA)

ILLINOIS (Artificial Intelligence Video Interview Act):

• Notice required for video analysis
• Consent obtained before analysis
• Video destruction upon request
• Enforcement: Illinois Attorney General

COLORADO (upcoming):

• Transparency in AI hiring tools
• Opt-out rights
• Impact assessments required

GENERAL US:

• Federal laws apply (Title VII, ADA, ADEA, GINA)
• State and local laws apply where more protective
• EEOC oversight and complaint rights

17.2 United Kingdom

UK GDPR COMPLIANCE:

• Articles 15-22 data subject rights
• Article 22 right to human review
• 6-year retention for employment tribunal purposes
• ICO oversight and complaint rights

EQUALITY ACT 2010:

• Protected characteristics: age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex, sexual orientation
• Reasonable adjustments required
• Prohibition of discrimination
• Employment tribunal access

DATA PROTECTION ACT 2018:

• Automated decision-making provisions
• Special category data protections
• Enhanced rights for employment processing

17.3 Future Jurisdictions

As we expand to additional jurisdictions, we will:

• Update these Terms with jurisdiction-specific provisions
• Provide notice of changes
• Ensure compliance with local laws
• Adapt our AI systems to local requirements

18. CONTACT INFORMATION

For questions, support, or exercising your rights:

General Inquiries:

Provn, Inc.

1100 Bellevue Way, Suite 8a, #823

Bellevue, WA 98004

Email: info@provn.co

Specific Contacts:

• Legal matters: legal@provn.co
• Privacy and data rights: legal@provn.co
• Compliance questions: legal@provn.co
• Technical support: legal@provn.co
• Accommodations: legal@provn.co
• Appeals: legal@provn.co
• Bias/discrimination concerns: legal@provn.co

Regulatory Authorities:

United States:

• EEOC: www.eeoc.gov | 1-800-669-4000
• State fair employment agencies (varies by state)

United Kingdom:

• Information Commissioner's Office (ICO): ico.org.uk | 0303 123 1113
• ACAS (Advisory, Conciliation and Arbitration Service): acas.org.uk | 0300 123 1100

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REQUIRED DISCLOSURES AND NOTICES

A. AI AND AUTOMATED DECISION-MAKING NOTICE

Critical Information for All Users:

This platform uses artificial intelligence to evaluate candidate submissions and provide hiring recommendations. However:

✓ **NO HIRING DECISION IS MADE BY AI ALONE**

✓ **ALL AI RECOMMENDATIONS ARE REVIEWED BY HUMAN DECISION-MAKERS**

✓ **HUMAN REVIEWERS CAN AND DO OVERRIDE AI RECOMMENDATIONS**

✓ **YOU HAVE THE RIGHT TO REQUEST HUMAN REVIEW AT ANY TIME**

Bias Mitigation:

• We implement bias reduction measures including regular testing and third-party audits
• We monitor for disparate impact across demographic groups
• We continuously improve our AI based on audit findings
• No AI system is perfect - human oversight is required

Transparency:

• You will be notified before AI evaluation begins (10 days for NYC)
• You can access information about how the AI evaluated your work
• You can request explanations of AI decisions
• Bias audit results are available at: provn.co/bias-audit

Employer Obligations:

Employers are legally required to:

• Maintain human oversight of all hiring decisions
• Ensure job-relatedness of assessments
• Provide reasonable accommodations
• Comply with anti-discrimination laws
• NOT use AI as the sole basis for hiring decisions

B. EDUCATIONAL TECHNOLOGY NOTICE (FERPA)

For Educational Users:

When Provn is used in connection with educational institutions:

What is FERPA?

The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records.

Provn's Role:

• We act as a "school official" with legitimate educational interests
• Student data is used ONLY for authorized educational purposes
• We do not sell student data or use it for advertising

Student/Parent Rights:

• Right to access educational records
• Right to request correction of inaccurate records
• Right to control disclosure of records
• Right to file complaints with the U.S. Department of Education

Data Handling:

• Educational records are stored securely (encryption, access controls)
• Access is limited to authorized personnel
• Records are retained per institutional policies
• Records are deleted or returned upon termination

Questions?

Contact your educational institution or email: legal@provn.co

C. EMPLOYMENT LAW NOTICE (EMPLOYERS)

Critical Notice for Employers:

Using this platform does NOT diminish your obligations under employment law.

You MUST comply with:

United States:

• Title VII of the Civil Rights Act (discrimination based on race, color, religion, sex, national origin)
• Americans with Disabilities Act (ADA) - disability discrimination and accommodation
• Age Discrimination in Employment Act (ADEA) - age discrimination
• Genetic Information Nondiscrimination Act (GINA)
• Equal Pay Act
• State and local fair employment laws (often more protective)
• NYC Local Law 144 (automated employment decision tools)
• California Fair Employment and Housing Act (FEHA)
• Other applicable state and local laws

United Kingdom:

• Equality Act 2010 (protected characteristics: age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex, sexual orientation)
• UK GDPR and Data Protection Act 2018
• Employment Rights Act 1996
• Human Rights Act 1998

Your Responsibilities:

• Ensure assessments are job-related and consistent with business necessity
• Provide reasonable accommodations as required by law
• Maintain human oversight of ALL hiring decisions
• DO NOT use AI as the sole or primary basis for hiring decisions
• Keep records as required by law (4 years US minimum, 6 years UK)
• Monitor for adverse impact
• Participate in bias audits
• Respond to candidate rights requests

Liability:

You are legally liable for your hiring decisions. Provn provides tools to assist, but YOU make the final decisions and bear legal responsibility.

Legal Violations:

Violations of employment law can result in:

• EEOC or state agency enforcement actions
• Private lawsuits
• Significant monetary damages
• Injunctive relief
• Reputational harm

Consult with employment counsel to ensure compliance.

D. DATA PROTECTION SUMMARY

How We Protect Your Data:

Technical Security:

• Encryption at rest (AES-256) and in transit (TLS 1.3)
• Multi-factor authentication available
• Regular security audits and penetration testing
• Intrusion detection and prevention systems
• Secure data centers with physical security

Organizational Security:

• Background checks for employees with data access
• Confidentiality agreements for all personnel
• Regular security training
• Incident response procedures
• Vendor security requirements
• Limited access on need-to-know basis

Data Subject Rights:

• Access, correct, delete, or port your data
• Object to processing or restrict processing
• Withdraw consent (where applicable)
• File complaints with supervisory authorities

Data Retention:

• Active accounts: Duration of account plus legal retention
• Evaluation data: 4 years (US), 6 years (UK)
• Audit logs: Full legal retention period
• Deleted accounts: 90-day backup retention

Breach Notification:

• We will notify you of any data breach as required by law
• Notification within 72 hours (UK) or as required by applicable law
• Information about the breach and remediation steps

E. CONSUMER RIGHTS SUMMARY

Your Rights at a Glance:

As a Candidate:

✓ Know when AI is used to evaluate you

✓ Receive pre-evaluation notice (10 days for NYC)

✓ Request human review of any AI decision

✓ Appeal adverse decisions

✓ Request reasonable accommodations

✓ Access your evaluation data and AI scores

✓ Request deletion of your data (subject to legal retention)

✓ File complaints with regulatory authorities

✓ Not face retaliation for exercising your rights

As a UK Candidate (Additional GDPR Rights):

✓ Right to data portability

✓ Right to restrict processing

✓ Right to object to processing

✓ Enhanced transparency and notice rights

✓ Right to complain to ICO

How to Exercise Rights:

• Email: legal@provn.co (data rights, accommodations, appeal decisions, general compliance)

We respond within:

• 30 days (UK users under GDPR)
• 45 days (US users under applicable state laws)

No Retaliation:

You will not face discrimination or retaliation for exercising your legal rights.

F. ACCESSIBILITY COMMITMENT

Provn is committed to ensuring accessibility for all users, including individuals with disabilities.

Platform Accessibility:

• WCAG 2.1 Level AA compliance (target)
• Screen reader compatibility
• Keyboard navigation support
• Alternative text for images
• Adjustable text size and contrast

Challenge Accommodations:

• Extended time for completion
• Alternative formats
• Assistive technology support
• Modified evaluation criteria where appropriate
• Interactive accommodation process

Request Accommodations:

Email: legal@provn.co

Response time: 5 business days

We engage in an interactive process to identify and provide effective accommodations.

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ACKNOWLEDGMENT:

By clicking "I Agree," creating an account, or using Provn's services, you acknowledge that:

1. You have read and understood these Terms of Service

2. You agree to be bound by these Terms

3. You understand how AI is used in the evaluation process

4. You understand that human review is required for all hiring decisions

5. You know your rights and how to exercise them

6. You consent to the collection and processing of your data as described

7. For UK users: You understand your GDPR rights and consent to processing based on legitimate interests (or explicit consent where obtained)

If you do not agree to these Terms, do not use the Services.

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EFFECTIVE DATE: October 27, 2025

VERSION: 2.0 (Updated for MVP Launch Compliance)

Last Updated: October 27, 2025

Previous Version: August 1, 2025

Changes in this version:

• Enhanced human review requirements and disclosures
• Added jurisdiction-specific provisions (NYC, CA, UK)
• Expanded pre-evaluation notice requirements
• Strengthened data subject rights (especially UK GDPR)
• Added explicit accommodation procedures
• Enhanced audit and retention requirements
• Added comprehensive regulatory disclosures
• Improved transparency about AI limitations
• Expanded appeals process