1. Acceptance of Terms

By accessing or using the AI interviewing platform ("Services") provided by Haumana Exchange LLC, a Hawai'i limited liability company doing business as Hexcelerate ("Hexcelerate," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

If you are accessing our Services through an educational institution, these Terms are supplemented by the Data Processing Agreement (DPA) between Hexcelerate and your institution. In the event of a conflict between these Terms and the DPA, the DPA shall control with respect to the processing of education records.

2. Description of Services

Hexcelerate provides:

• Live conversational face-to-face avatar interviews for practice and screening
• Interview performance analysis and scoring

Hexcelerate is an AI interviewing platform that provides live conversational face-to-face avatars. We are used by both workforce and employers for interview practice and screening. We do not share any candidate information with other employers or partners.

3. User Accounts and Registration

Account Requirements

To use our Services, you must:

• Provide accurate and complete registration information
• Maintain and update your account information

Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Ensuring your profile information is accurate and up-to-date
• Notifying us immediately of any unauthorized use

4. User Content and Data

Content You Provide

By using our Services, you grant us the right to:

• Record and analyze your interview sessions
• Store and process your account and interview data
• Provide your interview results to the organization that invited you (screening use only)

Interview Recordings

When you participate in AI interview sessions:

• Recording Consent: By initiating an interview session, you provide explicit, informed consent to the audio and video recording of that session. You will be notified before recording begins and may decline to proceed.
• Recordings will be analyzed by our AI systems for the purpose of providing performance feedback
• Recordings are not shared with other employers or third parties. If an employer invited you to complete a screening interview, only that specific employer may access your results for that session
• For non-institutional users: anonymized recordings may be used to improve our AI models
• For institutional users: recordings are used solely for the educational purpose specified in the agreement between Hexcelerate and your institution, and will not be used for AI model training without explicit institutional authorization

Data Accuracy

You represent and warrant that:

• All information you provide is accurate and truthful
• You will update information as needed to maintain accuracy

5. Data Sharing and Screening

No Candidate Matching

Hexcelerate does not match candidates with employers, share candidate profiles or data with other employers, or facilitate job placements. We are solely an AI interviewing platform.

Employer Screening Use

• Employers and institutions may use Hexcelerate to invite candidates to complete screening interviews
• When you are invited by an employer or institution, your interview results for that specific session are accessible only to the inviting organization
• Your data is never shared with any other employers, recruiters, or third parties beyond the inviting organization

No Employment Guarantees

• We do not guarantee job placement or interview opportunities
• All employment decisions are made solely by employers

6. AI and Automated Systems

AI Analysis

Our AI systems analyze:

• Your speech patterns and communication skills
• Interview performance metrics
• Response quality and relevance

Automated Decisions

• Our AI provides recommendations and feedback
• You should not rely solely on AI assessments for important decisions
• Human judgment should always supplement AI recommendations

Biometric Data Processing

By using our Services, you consent to:

• Processing of your voice and image from interview recordings
• Analysis of biometric information for performance feedback
• Use of biometric data for interview performance analysis

7. Educational Institution Services

University Partnerships and FERPA Compliance

If accessing through an educational institution:

• Your institution has entered into a Data Processing Agreement (DPA) with Hexcelerate that governs how your education records are handled
• Hexcelerate operates as a "school official" with "legitimate educational interest" under FERPA (34 CFR § 99.31(a)(1)(i)(B)), subject to the direct control of your institution
• Your education records — including interview recordings, performance scores, and feedback — are protected under FERPA (20 U.S.C. § 1232g)
• Your institution controls what data is collected, how it is used, and who may access it

Student Rights Under FERPA

As a student, you have the following rights under FERPA:

• Right to Inspect: You may inspect and review your education records maintained by Hexcelerate on behalf of your institution (34 CFR § 99.10)
• Right to Amend: You may request correction of records you believe are inaccurate or misleading (34 CFR § 99.20)
• Right to Consent: Your personally identifiable information will not be disclosed to third parties (including employers) without your consent, except as permitted under FERPA (34 CFR § 99.30)
• Right to File a Complaint: You may file a complaint with the U.S. Department of Education Family Policy Compliance Office regarding alleged FERPA violations (34 CFR § 99.63)

Institutional Data Protections

• Education records are not used for AI model training or product development without explicit written authorization from the institution
• Student data is not shared with any third party, including employers, without explicit written authorization from the institution
• We do not use institutional data for targeted advertising or any commercial purpose beyond the contracted educational services
• Upon termination of the institutional agreement, all education records are returned to the institution or securely destroyed, at the institution's election

University of Hawai'i Specific Provisions

For users accessing through the University of Hawai'i system, the following additional provisions apply in accordance with UH Executive Policies:

• All UH data remains the property of the University of Hawai'i (EP 2.215)
• Data is classified and protected according to UH EP 2.214 classification standards (Public, Restricted, Sensitive, Regulated)
• Data use is limited to the specific purpose authorized by UH and will not be repurposed (EP 2.215)
• We support UH's right to audit our data handling practices
• Security incidents involving UH data are reported through UH established incident-reporting channels

8. Prohibited Uses

You may not use our Services to:

• Provide false, misleading, or inaccurate information
• Impersonate another person or entity
• Upload content that violates laws or third-party rights
• Attempt to reverse engineer or hack our AI systems
• Share your account credentials with others
• Use the Services for any illegal or unauthorized purpose

9. Intellectual Property

Our Rights

Hexcelerate retains all rights to:

• Our AI algorithms and technology
• Platform design and functionality
• Training models and datasets
• Service improvements and innovations

Your Rights

You retain ownership of:

• Your personal information
• Content you create outside our platform

License to Use

You grant us a limited license to:

• Use your data to provide our Services
• For non-institutional users: improve our AI models with anonymized data
• Share your screening results with the organization that invited you
• Process your content through our systems

For institutional users, this license is limited to the educational purposes specified in the Data Processing Agreement with your institution. Education records will not be used for AI model training or any purpose beyond the contracted educational services without explicit written authorization from the institution.

10. Privacy and Data Protection

Your privacy is governed by our Privacy Policy, which is incorporated by reference into these Terms. Key points include:

• We collect account information and interview recordings
• Your data is never shared with other employers or third parties — screening results are only visible to the organization that invited you
• For non-institutional users, anonymized data may be used for AI model improvement
• For institutional users, data use is restricted to the educational purpose specified in the DPA and is not used for AI training without explicit authorization
• You have rights to access, update, and delete your data
• We do not sell personal information or use it for targeted advertising

Data Security Standards

We implement security measures consistent with the University of Hawai'i Executive Policy EP 2.214 minimum security standards, including:

• Encryption of data at rest and in transit (TLS 1.2+, AES-256)
• Role-based access controls with the principle of least privilege
• Secure authentication with support for multi-factor authentication
• Regular security assessments and monitoring

Breach Notification

In the event of a security breach affecting your personal information:

• We will notify affected individuals without unreasonable delay, consistent with Hawai'i Revised Statutes § 487N-2
• For institutional users, we will immediately notify the institution's designated security contact
• We will cooperate with institutional incident response procedures and regulatory authorities

11. Payment Terms (If Applicable)

Subscription Services

• Payment is required for premium features
• Billing occurs according to your chosen plan
• Refunds are subject to our refund policy
• We may change pricing with advance notice

Third-Party Payments

• Payment processing is handled by third-party providers
• Payment information is subject to the processor's terms
• We do not store complete payment card information

12. Service Availability and Changes

Service Availability

• We strive for high uptime but do not guarantee uninterrupted service
• Maintenance and updates may cause temporary unavailability
• We are not liable for service interruptions

Changes to Services

We reserve the right to:

• Modify or discontinue features with reasonable notice
• Update our AI algorithms and analysis methods
• Change these Terms with notice to users
• Suspend or terminate accounts for Terms violations

13. Disclaimers and Limitations

Service Disclaimers

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AI Limitations

• AI feedback is for guidance only and should not be solely relied upon
• AI assessments may not reflect all aspects of your capabilities
• Hiring decisions are made solely by employers, independent of our AI feedback

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEXCELERATE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR OPPORTUNITIES.

14. Termination

Your Right to Terminate

You may terminate your account at any time by:

• Using account deletion features in the platform
• Contacting us at ldroxas@hawaiii.edu
• Requesting data deletion under applicable privacy laws

Our Right to Terminate

We may suspend or terminate your account if you:

• Violate these Terms of Service
• Provide false or misleading information
• Engage in prohibited activities
• Fail to pay applicable fees

Effect of Termination

Upon termination:

• Your access to the Services will cease
• Your personal data will be deleted per our Privacy Policy within 90 days
• For non-institutional users, anonymized data may be retained for AI improvement
• For institutional users, all education records will be returned to the institution or securely destroyed at the institution's election, consistent with FERPA and the Data Processing Agreement
• These Terms will continue to apply to past use

15. Legal Compliance

Governing Law

These Terms are governed by the laws of the State of Hawai`i, without regard to conflict of law principles.

Dispute Resolution

Any disputes will be resolved through:

• Good faith negotiation first
• Individual arbitration (no class actions)

Compliance with Laws

You agree to comply with all applicable laws when using our Services. Hexcelerate complies with, and requires compliance with, the following laws and policies as applicable:

• Family Educational Rights and Privacy Act (FERPA, 20 U.S.C. § 1232g; 34 CFR Part 99)
• Hawai'i Personal Information Protection Act (HRS Chapter 487N)
• University of Hawai'i Executive Policy EP 2.214 (Institutional Data Classification and Minimum Security Standards)
• University of Hawai'i Executive Policy EP 2.215 (Institutional Data Governance)
• Employment and hiring laws
• Applicable state and federal privacy and data protection laws

16. Educational and Biometric Data

FERPA Compliance

If you are a student using our Services through an educational institution, your education records (including interview recordings, performance data, and feedback) are protected under the Family Educational Rights and Privacy Act (FERPA, 20 U.S.C. § 1232g; 34 CFR Part 99). Hexcelerate acts as a "school official" under the institution's direct control, with access limited to the legitimate educational interest specified in our Data Processing Agreement. See Section 7 for your full FERPA rights.

Hawai'i Personal Information Protection (HRS Chapter 487N)

We comply with the Hawai'i Revised Statutes Chapter 487N regarding the protection of personal information. We do not intentionally collect Social Security numbers, government ID numbers, or financial account numbers. If such information is inadvertently captured during an interview session, it is treated as Regulated data with the highest level of protection, and we will notify affected individuals of any breach without unreasonable delay as required by HRS § 487N-2.

Biometric Data

By using our interview Services, you acknowledge and consent to the following regarding biometric data:

• Your voice and facial features may be captured during interview recordings
• This biometric data is processed solely for the purpose of providing interview analysis and performance feedback
• In jurisdictions with biometric privacy laws, you may have enhanced rights regarding biometric data retention, disclosure, and deletion
• Biometric data is deleted when your account is deleted or when the associated interview recording is removed

17. International Users

If you are accessing our Services from outside the United States:

• Your data may be transferred to and processed in the United States
• Different privacy laws may apply in your jurisdiction
• You consent to international data transfers as described in our Privacy Policy

18. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Haumana Exchange LLC (d/b/a Hexcelerate).

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Updates to Terms

We may update these Terms from time to time. Material changes will be communicated through:

• Email notification to your registered address
• Prominent notice on our platform
• Updated "Last Updated" date above

Contact Information

For questions about these Terms, contact us at:

Haumana Exchange LLC (d/b/a Hexcelerate)
Email: lionel@hexcelerate.app

By using Hexcelerate, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. For users accessing through an educational institution, data use is further governed by the Data Processing Agreement between Hexcelerate and your institution, FERPA (20 U.S.C. § 1232g), and applicable institutional data governance policies.