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Customer Terms of Service

Last updated: June 10, 2025

This Customer Terms of Service is entered into by and between Invisible Interview, Inc. (“Invisible Interview”, “Company”, “we”, “us”, or “our”) and the entity or person placing an order for or accessing any Services (“Customer” or “you”). If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to “you” or “Customer” reference your company.

This Agreement permits Customer to purchase subscriptions to online software-as-a-service products and other services from Invisible Interview pursuant to any Invisible Interview ordering documents, online registration, order descriptions or order confirmations referencing this Agreement (“Order Form(s)”) and sets forth the basic terms and conditions under which those products and services will be delivered. The “Effective Date” of this Agreement is the earlier of (a) Customer’s initial access to the Services through any online provisioning, registration or order process or (b) the effective date of the first Order Form referencing this Agreement.

PLEASE NOTE: IF YOU SUBSCRIBE TO THE SERVICES FOR A SUBSCRIPTION TERM, THEN YOUR SUBSCRIPTION AND THIS AGREEMENT WILL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE BILLING PERIODS AT OUR THEN-CURRENT PRICING FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH SECTION 8 BELOW.

PLEASE NOTE: SECTION 11.9 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 11.9 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE AND HOW TO OPT OUT.

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR ACCESSING OR USING ANY SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE ANY SERVICES. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS LEGALLY BINDING UPON IT.

1. DEFINITIONS

For purposes of this Agreement:

  • 1.1. “Affiliate” means, with respect to a party, any entity which directly or indirectly Controls, is Controlled by, or is under common Control with such party.
  • 1.2. “Agreement” means this Customer Terms of Service, any Order Forms, and any attachments, linked policies or documents referenced in the foregoing.
  • 1.3. “Beta Services” means services or features identified as “alpha,” “beta,” “preview,” “early access,” or “evaluation,” or words or phrases with similar meanings.
  • 1.4. “Control” means 50% or greater voting power, or otherwise having the power to govern the financial and the operating policies or to appoint the management of an organization.
  • 1.5. “Customer Chosen Third-Party Product” means a product, service, application, functionality, or content that is provided by a third-party or by Customer and that Customer or any of its Authorized Users chooses to interoperate or use in connection with the Services.
  • 1.6. “Customer Data” means any data in electronic form that Customer or Users make available through the Platform or that is otherwise collected by Company on behalf of Customer or its Users.
  • 1.7. “Documentation” means Invisible Interview’s user guides and other end user documentation for the Services made available by Invisible Interview to its customers generally via our website.
  • 1.8. “Enterprise Tier Services” means the Services that Invisible Interview makes available under its “Enterprise” tier Service Plan.
  • 1.9. “Free Services” means the Services that Invisible Interview makes available free of charge.
  • 1.10. “Fees” means any fees payable for the Services under the Order Form.
  • 1.11. “Force Majeure Event” means an event which is unforeseeable, beyond the control of the party affected, and cannot be remedied by the exercise of reasonable diligence, including without limitation: acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes, computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Invisible Interview’s possession or reasonable control, and denial of service attacks.
  • 1.12. “Implementation Services” means any implementation services for Enterprise Tier Services that Invisible Interview will provide to Customer under this Agreement, as described in the applicable Order Form.
  • 1.13. “Intellectual Property Rights” means copyrights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof.
  • 1.14. “Invisible Interview Materials” means all software, specifications, documentation and systems and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware and other technologies and inventions, technical or functional descriptions, requirements, plans or reports, that are provided or used by Invisible Interview in connection with the Services or otherwise comprise or relate to the Services or the Platform. Invisible Interview Materials do not include Customer Data.
  • 1.15. “Platform” means Invisible Interview’s proprietary platform of servers, software and technology used to provide the Services.
  • 1.16. “Pricing Page” means the publicly available web page(s) where Invisible Interview publishes its list prices for Services, currently available at https://invisibleinterview.com/#pricing.
  • 1.17. “Pro Tier Services” means the individual licenses to the Services that Invisible Interview makes available under a non-enterprise tier Service Plan.
  • 1.18. “Restricted Data” means (i) special categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (ii) protected health information as defined in HIPAA; (iii) payment cardholder information or financial account information; (iv) social security numbers, driver’s license numbers, or other government identification numbers; (v) other information subject to regulation or protection under specific laws, regulations or policies; or (vi) any data similar to the above protected under applicable laws, rules, or regulations.
  • 1.19. “Service Plan” means the packaged subscription plan and associated features, as detailed at the Pricing Page to which Customer subscribes.
  • 1.20. “Services” means the services that Invisible Interview will provide to Customer under this Agreement as described in the applicable Order Form.
  • 1.21. “Software” means Invisible Interview’s client software provided as part of the Services, such as mobile or desktop applications or browser extensions.
  • 1.22. “Subscription Period” means the term of each subscription period as specified in the applicable Order Form.
  • 1.23. “Usage Data” means any diagnostic and usage-related information and data from the use, performance and operation of the Platform and Services that may include, but is not limited to, usage patterns, traffic logs, and User engagement with the Platform and Services.
  • 1.24. “Users” means employees, agents, consultants or other representatives authorized by Customer to access or use the Services.

Invisible Interview operates the Invisible Interview desktop application and provides related products and services (collectively, the “Services”). These Terms of Service (“Terms”) constitute a legally binding agreement between you and Invisible Interview, governing your access to and use of the Services. You agree that by downloading, installing, registering for an account, or accessing the Services, you have read, understood, and agreed to be bound by these Terms.

1. SERVICE OVERVIEW AND LICENSE TERMS

1.1 Description of Services

Invisible Interview provides an AI-powered desktop application that assists with coding interview preparation. The Services include both free and premium subscription offerings, with the free version providing limited functionality. Invisible Interview may update or modify the Services at any time.

2. THE SERVICES

Additional terms describing the Services, access rights, and limitations apply as described in the Order Form and Documentation.

3. CUSTOMER DATA

Customer retains ownership of Customer Data. Invisible Interview will process Customer Data to provide the Services and as otherwise described in these Terms and the Privacy Policy.

4. INTELLECTUAL PROPERTY

Except for the limited rights expressly granted to Customer, Invisible Interview and its licensors own all right, title, and interest in and to the Platform, Services, and Invisible Interview Materials.

5. FEES; PAYMENT TERMS

5.1 Fees. Customer shall pay Invisible Interview the applicable Fees for its Service Plan(s) and any undisputed Fees, as set forth in an Order Form or on the Pricing Page. All Fees are non-refundable and non-creditable, except as expressly set forth in this Agreement.

5.2 Taxes. All Fees are exclusive of taxes. Customer is responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind, other than taxes imposed on Invisible Interview’s income.

5.3 Payment. Unless otherwise provided in an Order Form, Customer shall pay all Fees within thirty (30) days after the date of the invoice.

5.4 Late Payment. If Customer fails to pay when due, Invisible Interview may charge interest on past due amounts and may suspend access after notice if nonpayment continues.

6. WARRANTIES

6.1 Mutual Warranty. Each party represents and warrants that it has the legal power and authority to enter into this Agreement.

6.2 Disclaimer of Warranties. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER. FREE SERVICES AND PRO TIER SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE.

6.3 Beta Services. Beta Services may be unsupported, changed or terminated at any time, may be less reliable or available, and are provided “as is” without warranty, indemnity or support. Invisible Interview’s liability for Beta Services will not exceed US $50.

7. CONFIDENTIAL INFORMATION

7.1 Definition. “Confidential Information” means all confidential and proprietary information of a party disclosed to the other party that is designated as confidential or reasonably should be understood to be confidential.

7.2 Confidentiality. The Receiving Party shall not disclose or use any Confidential Information for any purpose outside the scope of this Agreement, except with prior written permission, and shall protect such information using reasonable care.

7.3 Compelled Disclosure. If legally compelled to disclose Confidential Information, the Receiving Party shall provide notice (if legally permitted) and reasonable assistance.

7.4 Remedies. The Disclosing Party may seek injunctive relief for any breach of this Section.

8. TERM AND TERMINATION

8.1 Automatic Renewal; Cancellation. Each Subscription Term will automatically renew unless either party provides written notice of non-renewal at least thirty (30) days prior to renewal. Invisible Interview may increase fees for any renewal terms. Customer authorizes Invisible Interview to charge Customer’s payment method on file or invoice Customer for each renewal until Customer cancels.

8.2 Termination for Material Breach. Either party may terminate this Agreement for uncured material breach or insolvency as described in this Section. Invisible Interview may immediately terminate for certain violations of Section 4.

8.3 Effect of Termination. Upon termination, Customer’s rights to the Services terminate immediately. The following provisions shall survive termination: Sections 1, 2.3, 2.6, 3.1, 3.2, 3.3, 4, 5, 6.3, 6.2, 7, 8.3, 9, 10 and 11.

9. INDEMNITY

9.1 Customer Indemnity. Invisible Interview will indemnify Customer against third-party claims alleging that Customer’s authorized use of the Services infringes certain intellectual property rights, subject to the limitations and remedies described herein.

9.2 Exceptions. No indemnity applies to claims arising from designs or data provided by Customer; modifications not made by Invisible Interview; combinations with non-Invisible Interview materials; continued use after notice; Customer Data; Customer Chosen Third-Party Products; or Customer’s breach.

9.3 Invisible Interview Indemnity. Customer will indemnify and hold Invisible Interview harmless from certain third-party claims as described herein.

9.4 Process. Indemnification is conditioned on prompt notice, control of defense, and cooperation.

10. LIMITATION OF LIABILITY

EXCEPT FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS AND FOR CUSTOMER’S BREACH OF SECTION 4, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, DATA LOSS, OR COST OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT WILL INTERVIEW CODER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE FEES PAID (OR PAYABLE) BY CUSTOMER TO INTERVIEW CODER UNDER THE APPLICABLE ORDER FOR THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO A CLAIM.

11. GENERAL PROVISIONS

11.1 Relationship of the Parties. The parties are independent contractors.

11.2 Notices. Notices to Invisible Interview: 520 Bryant St, San Francisco, California 94107, Attn: Legal Department. Notices to Customer: to the address on record in your account.

11.3 Waiver and Cumulative Remedies. No failure or delay in exercising any right shall constitute a waiver.

11.4 Severability. If any provision is held contrary to law, it shall be modified to best accomplish its objective.

11.5 Assignment. Neither party may assign this Agreement without consent, except to an Affiliate or in connection with a change of control or sale of assets.

11.6 Subcontractors. Invisible Interview may use subcontractors and remains responsible for their acts and omissions.

11.7 Publicity. Invisible Interview may include Customer’s name and logo to reference Customer as a customer, subject to any trademark usage instructions.

11.8 Governing Law. Delaware law, without regard to conflicts of laws, governs this Agreement.

11.9 Arbitration Agreement. Disputes will be finally settled by binding arbitration in Delaware pursuant to the JAMS Streamlined Arbitration Rules and Procedures. You may opt out by sending notice within 30 days to the Notices address, including your name, address, email/phone associated with your account, and a statement that you wish to opt out.

11.10 Force Majeure. Except for payment obligations, neither party is liable for delay or non-performance due to a Force Majeure Event.

11.11 No Third Party Beneficiaries. There are no third-party beneficiaries to this Agreement.

11.12 Export Control. Each party agrees to comply with U.S. export control laws.

11.13 Entire Agreement. This Agreement, together with all referenced documents, is the entire agreement of the parties and supersedes all prior or contemporaneous agreements. Invisible Interview may modify these terms effective upon renewal; continued use after changes constitutes consent. If you object, you may terminate prior to the next renewal term.