Product Specific Terms

This page sets out additional terms for certain Ashby products, features, and modules. These terms apply in addition to your Terms of Service or Master Services Agreement with Ashby and, for any product offered on an early access basis, the Design Partner Terms. They apply only to the products you access or use. Capitalized terms used but not defined on this page have the meaning given in your agreement with Ashby. Use the quick links below to find the terms for the products you use.

Quick Links

1. AI interviewer

AI Interviewer

In addition to the Design Partner Terms, the following provisions apply to Customer’s use of AI Interviewer:

1. Customer Compliance Responsibility. As the employer making hiring decisions, Customer is solely responsible for its own compliance with all laws applicable to its use of AI Interviewer, including employment, anti-discrimination, artificial intelligence, privacy, and recording consent laws. Customer is responsible for providing any legally required candidate notices and obtaining any required consents, for conducting or obtaining any required bias audit, for honoring candidate accommodation and alternative-process requests, and for retaining records as required by applicable law.
2. Human-in-the-Loop. AI Interviewer is designed to assist, not replace, human decision-making. Customer will ensure that a qualified human reviewer makes all hiring decisions and will treat AI Interviewer recordings, transcripts, and evaluations as one input among others, not as the sole basis for any employment decision. Customer is responsible for reviewing AI Interviewer output for accuracy and appropriateness before relying on it, and Ashby is not responsible for Customer's hiring decisions.
3. No Training on Customer Data. Neither Ashby nor its AI service providers will use Customer Data, including candidate audio, voice recordings, video recordings, or transcripts, to train, fine-tune or improve machine-learning, voice, or other AI models, and Customer's use of AI Interviewer grants Ashby and such providers no right or license to do so.
4. Candidate-Facing Disclosures. AI Interviewer presents candidates with disclosures and a consent flow before any interview is recorded. Customer may configure these disclosures to reflect its own policies, obligations, and branding, but will not disable, remove, or materially diminish the core disclosures (that the interview is conducted by AI, that the interview is recorded and transcribed, that the AI does not make the hiring decision, and the accommodation and human-alternative pathway) or the requirement that candidates affirmatively consent before recording begins.
5. Third-Party AI Services. AI Interviewer uses third-party AI and infrastructure service providers as subprocessors of Customer Data solely to provide AI Interviewer. Ashby maintains a current list of the subprocessors used for AI Interviewer at https://trust.ashbyhq.com/item/subprocessors and may add, remove, or replace subprocessors in accordance with the subprocessor provisions of the data processing agreement between the parties or, if no data processing agreement is in place, by publishing updates to the subprocessor list referenced above. For purposes of Article 28(2) of the GDPR (to the extent applicable), Customer authorizes Ashby to engage these providers as subprocessors of Customer Data solely to provide AI Interviewer, subject to any data processing agreement between the parties. Ashby remains responsible for these providers' performance of the data protection obligations that apply to them.
6. Sensitive Data. AI Interviewer is not intended to collect special category or other sensitive personal data. Customer will configure its interview questions and criteria so as not to solicit such data unless directly related to a bona fide job requirement and will not use AI Interviewer to elicit information about a candidate's protected characteristics. Video recordings may capture information about a candidate's appearance that could reveal protected characteristics; Customer is responsible for ensuring its use of video-enabled interviews complies with applicable anti-discrimination law. Customer remains responsible for any such data contained in candidate responses.
7. Video Recording. Video recording is an optional feature Customer may enable. Where enabled, the AI Interviewer presents a configurable disclosure, captures the candidate's affirmative consent before recording, and offers an alternative to video. Customer is responsible for the notice and consent required for its use case and for its own compliance as employer and data controller; Ashby provides these features to support, but does not assume, those obligations. Ashby processes recordings as Customer's processor in accordance with Customer's instructions and configuration. If Customer enables any third-party functionality that performs speaker recognition or other biometric processing, Customer is solely responsible for complying with applicable biometric laws. Retention and deletion of recordings are governed by the Agreement; Customer may delete recordings at any time.