Last Updated November 1, 2024
THESE TRUFFLE AI TERMS (“AI TERMS”) DESCRIBE THE SPECIFIC TERMS THAT APPLY TO CERTAIN TRUFFLE SERVICES OR FEATURES OFFERED BY TRUFFLE (“AI TOOLS”). BY USING AI TOOLS, YOU AGREE THAT THE AI TERMS GOVERN YOUR USE OF THOSE AI TOOLS. THESE AI TERMS ARE INCORPORATED INTO, AND FORM A PART OF, THE TRUFFLE TERMS OF SERVICE (THE “AGREEMENT”) BETWEEN TRUFFLE AND THE ENTITY THAT ENTERED INTO THE AGREEMENT (“CUSTOMER” OR “YOU(R)”) WITH TRUFFLE.
In the event of a conflict between the Agreement and the AI Terms, the AI Terms will control to the extent of the conflict. A violation of these AI Terms is a violation of the Agreement. Capitalized terms not defined herein have the meaning given to them in the Agreement.
Truffle offers its Customers a variety of AI Tools powered by large language models (LLM) provided by third-party companies (“Third Party LLM Provider”) and/or Truffle’s proprietary machine learning technology. These AI Tools are designed to assist Customers by automatically summarizing and analyzing Customer Data to support the hiring process. However, Truffle strongly believes that all hiring decisions should be made solely by a human, and the AI Tools are provided ‘as is’ for informational support only. Customers remain fully responsible for any decisions made based on AI-generated insights and must ensure their use complies with applicable laws. The use of AI Tools is governed by the terms set out below.
1. Acceptance of Terms
By accessing or using the AI Tools, Customer agrees to comply with and be bound by these AI Terms as well as the Terms of Service. If Customer does not agree to these AI Terms, please do not use the AI Tools.
2. Rights Granted to Truffle
2.1 Use of Customer Data. Customer grants Truffle a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and transmit Customer Data for the purpose of facilitating Customer’s use of the AI Tools, improving the Services, and as otherwise set forth in these AI Terms and the Terms of Service.
2.2 Feedback. If Customer provides Truffle with any feedback or suggestions regarding Customer’s use of the AI Tools, Truffle has the right to use such feedback or suggestions for any purpose, without attribution or compensation to Customer.
3. Reservation of Rights
Customer agrees that, except for the right to use the AI Tools in accordance with these AI Terms, Truffle and Third Party LLM Provider reserve all of their respective rights to the AI Tools.
4. Customer Data and Privacy
4.1 Protection of Customer Data. In order to use the AI Tools, it will be necessary to input certain Customer Data into the AI Tools, such as one-way interview transcripts. The privacy and security of Customer Data submitted via Third Party LLM Provider will be protected in accordance with Third Party LLM Provider’s privacy commitments and by Truffle in accordance with its Terms of Service. Truffle will only utilize Third Party LLM Providers as subprocessors who warrant they will not train their models on the Customer Data inputs and outputs.
4.2 Third Party LLM Provider as Subprocessor. For purposes of compliance with Article 28 of the General Data Protection Regulation (to the extent applicable), Customer authorizes Truffle to engage with OpenAI as a subprocessor of Customer Data.
5. Disclaimers
5.1 No Responsibility for AI Content. Truffle is not responsible or liable for the content generated, interpreted, or used through the AI Tools, nor the accuracy, usefulness, safety, or intellectual property rights relating to such content.
5.2 As-is Basis. The AI Tools are provided "as is." Neither Truffle nor Third Party LLM Provider makes any representation or warranty of any kind, express or implied, regarding the completeness, accuracy, reliability, validity, or availability of any information accessed through or any content generated by the AI Tools.
5.3 No Responsibility for Employment Decisions. Truffle expressly disclaims any responsibility for decisions made based on AI-generated outputs, including hiring or employment determinations. Customers are solely responsible for verifying and interpreting AI-generated outputs in accordance with their internal standards, policies, and applicable legal requirements. The AI tools are provided “as-is,” and Truffle makes no guarantees regarding their fitness for employment decisions or any particular purpose.
6. Customer Responsibilities
6.1 Responsibility for Inputs. Customer, as the data controller, is solely responsible for the legality, appropriateness, and compliance of all Customer Data provided to Truffle, regardless of whether this data is manually inputted or automatically processed by the AI Tools as part of the standard service offering. The Customer must ensure that all such Customer Data complies with all applicable laws, does not infringe the rights of any third party, and is suitable for processing under this agreement. This responsibility applies to both direct inputs and any outputs generated by Truffle based on standard functionalities (e.g., automated summaries and analyses generated from transcriptions).
6.2 Responsibility for Use of Outputs. Customer is solely responsible for interpreting and using the outputs generated by the AI Tools, including any decisions made based on AI-generated content. It is the Customer’s responsibility to ensure that these outputs are suitable and compliant with any internal policies, legal requirements, applicable regulations and intended purposes, including but not limited to employment or hiring decisions.
6.3 Due Diligence. Customers agree to independently verify the suitability, accuracy, and compliance of AI-generated outputs before taking any actions based on such outputs. This includes ensuring that any hiring or employment-related decisions are based on a comprehensive evaluation, which incorporates but is not solely dependent on AI-generated insights.
6.4 Restrictions. Customer must not use the AI Tools to generate content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties.
7. Processor Role with Value-Added Processing
7.1 Processor Role for Customer Data. As a processor, Truffle provides AI-generated insights, summaries, and analyses solely based on Customer Data and in line with Customer’s stated objectives. However, Truffle does not independently analyze or interpret data for any decision-making purposes beyond the scope defined by the Customer. All final decisions regarding the use of AI-generated outputs, including hiring decisions, remain solely with the Customer.
7.2 Value-Added Processing Limitations. Our AI tools are designed to add value through automated processing of Customer Data by generating summaries, analyses, and insights based on Customer specifications. However, these outputs are intended solely for informational and support purposes. Truffle does not perform independent evaluations or reach any conclusions beyond the automated processing defined in our AI Terms or Terms of Service. All uses of AI-generated outputs must align with the Customer’s independent assessment and intended purpose.
8. AI-Generated Content Disclaimer
The summaries, insights, and analyses generated by the AI tools are provided solely as informational aids to support Customer decision-making processes. Truffle does not recommend, endorse, or make any determinations regarding the suitability of candidates for employment. Customers bear full responsibility for interpreting and using the AI-generated outputs, including making any employment or hiring decisions based on these outputs.
9. Compliance with Local Laws
9.1 Legality of AI Use. The use of AI tools and AI-generated outputs in hiring processes may be subject to different legal requirements and restrictions depending on Customer’s country, state, or region. Truffle makes no representations or warranties regarding the legality of using AI-generated content in hiring or employment decisions within any specific jurisdiction.
9.2 Customer Responsibility for Legal Compliance. It is the customer’s sole responsibility to understand and comply with all applicable laws, regulations, and guidelines governing the use of AI in hiring and employment decisions in their jurisdiction. If any local laws or regulations restrict or prohibit the use of AI for such purposes, the customer agrees not to use Truffle’s AI tools or services in a manner that would violate those laws.
9.3 Indemnification. The customer agrees to indemnify, defend, and hold harmless Truffle from any claims, damages, or penalties arising from the Customer’s non-compliance with applicable laws or regulations governing the use of AI in hiring or employment decisions.
10. Termination
Truffle reserves the right to suspend or terminate Customer’s access to the AI Tools at any time, without notice, for conduct that Truffle believes violates these AI Terms or the Terms of Service or is harmful to other users of the Services, Truffle, or third parties, or for any other reason.
11. Amendments
Truffle may amend these AI Terms from time to time. Customer’s continued use of the AI Tools after any such amendment constitutes Customer’s acceptance of the new AI Terms.
