Hikari terms of service

The agreement between you and Black Star AI Ltd when you use Hikari. Written to be read, not skimmed past: where something matters, it says so plainly.

1Who we are, and who this is for

1. Hikari is provided by Black Star AI Ltd, a company registered in England and Wales (company number 15408552), registered office 1 Coldbath Square, Farringdon, London, EC1R 5HL, England ("we", "us"). Contact: hello@black-star.ai.
2. These terms apply to anyone who creates a Hikari account or uses Hikari ("you"). If you sign up on behalf of an agency or company, you confirm you have authority to bind it, and "you" means that business.
3. Hikari is for business use. By accepting these terms you confirm you are using it for your trade, business or profession, and not as a consumer.
4. These terms, our data processing agreement (clause 7) and any order form we agree with you in writing make up the whole agreement. If an order form says something different, the order form wins.

2What Hikari is

1. Hikari helps recruiters assess candidates against a job brief. It reads a job description, scores and ranks the CVs you give it against that brief, drafts screening questions, and produces a report you can send to your client.
2. Hikari Light works in a Chrome side panel next to the recruitment system you already use, and on the web. Hikari Full adds scheduling, chasing, interview rounds, offers and a talent pool, and is available by agreement.
3. The Chrome extension reads a web page only when you click the Hikari icon while you are on it. It never reads people's profiles, private messages or search results on any site. You must follow the terms of any website or system you use it alongside.
4. We improve Hikari all the time. We may change or remove features, but we will not take away something central to your plan without telling you at least 30 days before, and you may cancel if the change matters to you.

3Your account

1. You must give accurate details, confirm your email address, and keep your password private. You are responsible for what happens in your account.
2. Each account is for one person. Plans are priced per recruiter, so logins must not be shared. An agency with several recruiters needs an account for each.
3. Tell us straight away at hello@black-star.ai if you think someone else has used your account.

4The free jobs

1. Your first 3 jobs are free. A job counts when you start it, by adding CVs to a new vacancy. Sample jobs we provide do not count. Adding more CVs to a job, or opening it again, does not count again. Deleting a job does not give it back.
2. The jobs you start for free keep working after the free ones are used. To start a fourth, you need a paid plan.
3. The free jobs are one allowance per person and per business. Creating further accounts to get more is not allowed, and we may close accounts that do.

5Plans, prices and payment

1. Hikari Light costs £49 per recruiter per month. Hikari Full costs £99 per seat per month. Prices are in pounds sterling and exclude VAT, which is added at the rate in force.
2. Plans are paid monthly in advance by card, through our payment provider, Stripe. We never see or store your full card details. Your subscription renews each month on the same date until you cancel, and you authorise us to take each payment when it is due.
3. If a payment fails, Stripe will try again and email you. Hikari keeps working while it does. If payment is still outstanding after 14 days, we may stop you starting new jobs until it is paid.
4. We may change our prices by giving you at least 30 days' notice by email. The new price applies from your first payment after the notice ends. If you do not want to pay it, cancel before then.
5. Discounts and promotion codes apply only on the terms stated when they are given, and only for the period stated.
6. Invoices and receipts are available from Your plan in Hikari, where you can also add your company name and VAT number.

6Cancelling, and ending the agreement

1. You can cancel at any time from Your plan. Cancelling stops the next payment. Your plan stays active until the end of the month you have already paid for. We do not refund part months, except where the law requires it or clause 6.4 applies.
2. After your plan ends you can still sign in and open the jobs you already have, until they are deleted under clause 7.4, but you cannot start new ones.
3. We may suspend or close your account, with notice where practical, if you seriously or repeatedly break these terms, use Hikari unlawfully, or do not pay.
4. We may also end the agreement for any reason by giving you 30 days' notice, in which case we will refund any payment covering the period after it ends.
5. You can ask us to delete your account at any time by emailing hello@black-star.ai. Cancel any subscription first.
6. Clauses 7, 9, 10, 11 and 13, and anything else meant to survive, continue after the agreement ends.

7Candidate data and data protection

1. When you upload CVs, job descriptions or notes about candidates, you are the controller of that personal data and we are your processor. We use it only to provide Hikari to you, on your instructions. Our data processing agreement sets out the details, and it forms part of these terms.
2. You confirm that you have a lawful basis to process the candidate data you upload, that you have told candidates, in your own privacy notice, that you use AI-assisted tools to review applications, and that you upload only what you need.
3. Hikari does not ask for special category data, such as health, ethnicity or religion. CVs sometimes contain it anyway; keep it to a minimum where you can. Hikari does not use it to score anyone.
4. Candidate records are deleted automatically 90 days after upload, or sooner if you delete them. If the agreement ends, we delete any candidate data we still hold within 30 days, unless the law requires us to keep it.
5. We use these providers to run Hikari: Railway (hosting; data stored in the EU), OpenAI (the AI that reads CVs and job descriptions; it does not use the data to train its models), Resend (sending Hikari's emails) and Stripe (payments). Some are based in the United States; transfers are covered by the UK's approved safeguards. The data processing agreement has the full list, and we will give you notice before adding a provider that handles candidate data.
6. We never use your candidate data to train AI models, and your data is never used to produce another customer's results.
7. Your own account details (name, email, billing) are covered by our privacy notice, where we are the controller.
8. If we become aware of a personal data breach affecting your data, we will tell you without undue delay and within 48 hours.

8Hikari informs your judgement. It does not replace it.

1. Scores, rankings, summaries, screening questions and reports are decision support. They can be wrong or incomplete. Scoring the same CV twice can give a slightly different score, which is why Hikari flags candidates close to your cut-off for your own look.
2. You must review Hikari's output yourself before making any decision that affects a candidate, including whether to reject them. You must not use Hikari as the only basis for such a decision. This is required by Article 22 of the UK GDPR, and it is how Hikari is designed to be used.
3. You remain responsible for your recruitment decisions and for complying with the laws that apply to them, including the Equality Act 2010, UK data protection law and the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

9Using Hikari properly

You must not:

• upload anything you have no right to use, or anything unlawful, harmful or containing malicious code;
• use Hikari to discriminate unlawfully against anyone;
• try to get round the free-job limit, your plan, or Hikari's security, or access anyone else's data;
• copy, reverse engineer, resell or build a competing product from Hikari, except as the law allows;
• use automated tools to scrape Hikari or put it under unreasonable load;
• use Hikari in a way that breaks the terms of the systems or websites you use it alongside.

10Who owns what

1. You own your data: the CVs, job descriptions and notes you put in. You may use everything Hikari produces for you, such as reports and screening questions, freely in your business.
2. We own Hikari itself: the software, the extension, the design and the name. We give you a non-exclusive, non-transferable right to use it for your business while your account is open.
3. If you send us feedback or suggestions, we may use them without owing you anything.

11Liability

1. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot legally be limited.
2. Neither of us is liable for loss of profits, revenue, fees or placements, loss of goodwill, or any indirect or consequential loss.
3. Our total liability to you for everything arising from this agreement in any 12-month period is limited to the greater of the fees you paid us in that period and £100.
4. We provide Hikari with reasonable skill and care, but we do not promise it will be uninterrupted or error-free, or that its output will be right for any particular decision. Keep your own records of anything you need; Hikari deletes candidate data after 90 days.

12Changes to these terms

1. We may update these terms. For an important change, we will email you at least 30 days before it takes effect. If you do not agree, you can cancel before then; if you carry on using Hikari after it takes effect, the new terms apply.
2. The current version is always at demo.black-star.ai/terms, with its date at the top.

13General

1. Confidentiality. Each of us keeps the other's non-public business information confidential, and uses it only for this agreement.
2. Events outside our control. Neither of us is responsible for delays or failures caused by events beyond reasonable control, such as a major outage at a provider we rely on.
3. Notices. We will contact you at your account email address. You can contact us at hello@black-star.ai.
4. Transfer. You may not transfer this agreement without our agreement. We may transfer it to a company that takes over Hikari, and will tell you if we do.
5. Nobody else. Only you and we have rights under this agreement; the Contracts (Rights of Third Parties) Act 1999 does not apply.
6. If part fails. If a court finds part of these terms unenforceable, the rest still applies. Not enforcing a right straight away does not mean giving it up.
7. Law. These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.