Terms of Use

Last updated: August 20, 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. Continued use of our Services after changes become effective constitutes acceptance of the updated 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

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

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

3.2 Employers

As an employer, you may:

• Post challenges and job opportunities
• Access candidate portfolios and submissions
• Use AI-powered recruitment tools
• Create custom challenges for talent pipeline development
• Purchase subscription services and challenge sponsorships

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

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

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

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)

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

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

5. AI-POWERED FEATURES AND AUTOMATED DECISION-MAKING

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 Important AI Disclosures

No Sole Reliance: AI assessments are tools to assist human decision-making and should not be the sole basis for employment decisions.

Human Review Required: Employers must use human judgment and review in all hiring decisions. Our AI systems are designed to support, not replace, human evaluation.

Bias Mitigation: We implement bias reduction techniques, but no AI system is perfect. Employers remain responsible for ensuring non-discriminatory hiring practices.

Accuracy Limitations: AI-generated content may contain errors. All assessments should be verified through human review.

5.3 Employer Responsibilities for AI Use

Employers using our AI features must:

• Maintain human oversight in all hiring decisions
• Ensure job-relatedness of assessment criteria
• Provide reasonable accommodations as required by law
• Comply with all applicable employment and anti-discrimination laws
• Not use AI assessments as the sole or primary factor in hiring decisions

5.4 Candidate Rights Regarding AI

• You have the right to know when AI is used in evaluating your submissions
• You may request human review of AI-generated assessments
• You can access information about how AI systems evaluate your work
• You may file complaints regarding AI bias or discrimination

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
• Communication and feedback data
• Payment and billing information (for premium services)

6.2 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
• Data is deleted or returned upon termination unless legally required to retain

6.3 Data Retention

• Active account data is retained for the duration of your account
• Deleted content may remain in backups for up to 90 days
• Educational records follow institutional retention policies
• Some data may be retained longer as required by law

6.4 International Data Transfers

• We may transfer data globally to provide our services
• Appropriate safeguards are in place for international transfers
• EU users benefit from Standard Contractual Clauses and adequacy decisions

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
• Product updates and feature announcements

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

Opt-Out Rights: You may unsubscribe from marketing communications at any time through account settings or unsubscribe links.

7.3 SMS/Text Messages

If you provide a mobile number, you may receive:

• Account verification codes
• 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.

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

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
• Price changes will be communicated with advance notice

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

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Provn's Intellectual Property

Provn owns all rights to:

• Platform software and technology
• AI algorithms and assessment tools
• Provn trademarks and branding
• Platform design and user interface
• Aggregate data and insights (anonymized)

9.2 User Content Ownership

• You retain ownership of your original creative work
• Provn owns compiled portfolios and platform-generated content
• Third-party content must be properly licensed
• You are responsible for intellectual property compliance

9.3 Feedback and Suggestions

Any feedback or suggestions you provide may be used by Provn without compensation or attribution.

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 or extract data from the platform
• Create fake accounts or impersonate others
• Share account credentials or access
• Interfere with other users' experience
• Upload malicious code or harmful content

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

10.3 Employment Law Compliance

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
• Not discriminate based on protected characteristics

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

11.2 Enforcement Actions

We may take action including:

• Content removal or editing
• Account warnings or restrictions
• Temporary or permanent account suspension
• Reporting to law enforcement when required

11.3 Appeals Process

Users may appeal enforcement actions through our support system within 30 days of the action.

12. DISCLAIMERS AND LIMITATIONS

12.1 Service Disclaimers

PROVN SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES INCLUDING:

• Accuracy of AI assessments or job matching
• Guarantee of employment or hiring outcomes
• Uninterrupted service availability
• Security of user data (though we use industry standards)
• Compatibility with third-party systems

12.2 AI-Specific Disclaimers

• AI assessments may contain errors or biases
• Results should not be the sole basis for employment decisions
• Performance may vary across different types of work or populations
• Human review is always recommended

12.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVN'S LIABILITY IS LIMITED TO THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

13. INDEMNIFICATION

You agree to indemnify and hold harmless Provn from claims arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of applicable laws
• Content you submit to the platform
• Your employment decisions (for employers)

14. TERMINATION

14.1 Termination by Users

• You may terminate your account at any time
• Premium subscriptions continue until the end of the billing period
• Some data may be retained as required by law or these Terms

14.2 Termination by Provn

We may terminate accounts for:

• Violation of these Terms
• Illegal activity or harmful conduct
• Extended periods of inactivity
• Business reasons with appropriate notice

14.3 Effect of Termination

• Access to Services will cease
• Some content may remain visible to employers who previously accessed it
• Certain provisions of these Terms survive termination

15. DISPUTE RESOLUTION

15.1 Governing Law

These Terms are governed by the laws of Delaware, without regard to conflict of law principles.

15.2 Arbitration Agreement

Disputes will be resolved through binding arbitration administered by the American Arbitration Association, except for:

• Claims in small claims court
• Injunctive relief claims
• Intellectual property disputes

15.3 Class Action Waiver

You waive the right to participate in class action lawsuits against Provn.

16. GENERAL PROVISIONS

16.1 Entire Agreement

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

16.2 Severability

If any provision is found unenforceable, the remaining provisions will remain in effect.

16.3 Assignment

You may not assign these Terms without our consent. We may assign these Terms in connection with business transfers.

16.4 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

17. CONTACT INFORMATION

For questions about these Terms, contact us at:

Provn, Inc.
Email: legal@provn.com

For support issues: support@provn.com
For privacy concerns: legal@provn.com