This Terms of Service Agreement (the “Agreement” or “Terms”) is a legally binding contract between Munchkins AI LLC, a Delaware limited liability company (“Munchkins,” “we,” “us,” or “our”), and the medical practice, healthcare organization, or corporate entity executing an Order Form or accessing the Service (“Customer,” “you,” or “your”).
By executing an Order Form that references these Terms, or by accessing or using the Service, Customer agrees to be bound by this Agreement. If the individual accepting this Agreement is accepting on behalf of a company or other legal entity, such individual represents that they have the authority to bind such entity and its affiliates to these Terms.
1. Definitions
- “Authorized User” means any individual who is authorized by Customer to use the Service, including recruiters, hiring managers, and clinical leads employed or engaged by Customer.
- “Candidate” means a natural person who is being interviewed, assessed, or evaluated by Customer utilizing the Service. Candidates are not parties to this Agreement.
- “Customer Content” means any data, audio recordings, job descriptions, resumes, scoring rubrics, information, or material provided, submitted, or uploaded by Customer or Authorized Users to the Service, or collected from Candidates on Customer’s behalf via the Service.
- “Order Form” means the ordering document specifying the Service to be provided hereunder that is entered into between Customer and Munchkins.
- “Service” means Munchkins’ AI-powered voice interviewing platform, including its software, APIs, generated transcripts, LLM-based analysis, dashboards, and associated documentation.
- “Service Data” means aggregated and de-identified data derived from Customer’s and Candidates’ use of the Service that does not directly or indirectly identify Customer, any Authorized User, or any Candidate.
2. Agreement, Eligibility, and Order of Precedence
2.1 Order of Precedence. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) the Business Associate Agreement (if executed), (2) the Data Processing Agreement (“DPA”), (3) the applicable Order Form, (4) these Terms of Service, and (5) the Privacy Policy.
2.2 Eligibility. Customer represents and warrants that it is a legitimately licensed healthcare provider or business entity in its applicable jurisdiction. Authorized Users must be at least 18 years of age. Customer acknowledges that the Service is subject to U.S. export controls and represents that it is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties.
3. Industry-Specific Compliance & Disclaimers
3.1 Not Medical Advice. The Service provides software tools for employment interviewing. The Service does not provide medical advice, diagnosis, clinical decision support, or treatment determinations. Output from the Service is not a medical record.
3.2 Not an Employer or Hiring Decision-Maker. Munchkins provides informational tools to assist Customer. Munchkins is not an employer, joint employer, or employer of record. Customer retains sole and absolute discretion over all employment, hiring, and credentialing decisions. Munchkins does not warrant the fitness, qualifications, truthfulness, or background of any Candidate.
3.3 HIPAA Position Statement. The Service is not designed for and shall not be used to process Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Customer represents and warrants that it shall not submit, and shall affirmatively instruct its Authorized Users and Candidates not to submit, PHI through the Service. If PHI is inadvertently submitted, Customer shall notify Munchkins immediately, and Munchkins shall have no obligations of a Business Associate absent a separately executed Business Associate Agreement (“BAA”). Customer is strictly prohibited from utilizing the Service for patient intake, patient interviews, or any patient-facing workflows unless a formal BAA is executed in writing.
3.4 EEO and Anti-Discrimination Compliance. Customer is solely responsible for its compliance with all applicable employment laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), and applicable state Fair Employment Practices agencies.
3.5 State and Local AI Hiring Laws. Customer is strictly responsible for complying with automated employment decision tool (“AEDT”) and AI hiring laws, including but not limited to New York City Local Law 144, the Illinois Artificial Intelligence Video Interview Act (820 ILCS 42), the Colorado AI Act (SB 24-205), and the Maryland Facial Recognition in Interviews Act (HB 1202). Customer agrees to provide all required Candidate notices, conduct any required bias audits, and process deletion requests as required by law.
3.6 Voice Recording and Consent. Customer acknowledges that the Service records Candidate audio. Customer represents and warrants that it has obtained all required consents from Candidates under all applicable federal and state two-party and all-party consent laws (including but not limited to CT, CA, FL, IL, MA, MD, MT, NH, PA, WA) prior to utilizing the Service. While Munchkins may present an in-product consent flow, Customer remains ultimately liable for ensuring lawful consent has been acquired and documented.
3.7 Accommodations. Customer is responsible for providing appropriate accommodations for Candidates with speech, hearing, language, or cognitive disabilities, including offering documented alternative interview formats outside of the Service.
4. Accounts, Authentication, and Access
4.1 Account Provisioning. Customer is responsible for all activities that occur under its Authorized User accounts. Customer shall provision and de-provision access to Authorized Users promptly.
4.2 Credential Security. Customer and Authorized Users must maintain the confidentiality of login credentials. Multi-Factor Authentication (MFA) is strongly recommended. Customer must notify Munchkins immediately of any unauthorized use of an account or any other known or suspected breach of security.
4.3 Suspension of Access. Munchkins reserves the right to immediately suspend Customer’s or any Authorized User’s access to the Service if Munchkins reasonably concludes that Customer is in material breach of this Agreement, is causing harm to the Service, or is creating legal or regulatory liability for Munchkins.
5. Fees, Billing, and Renewals
5.1 Fees and Payment. Customer shall pay all fees specified in the Order Form. All fees are quoted and payable in United States Dollars and are non-refundable except as expressly required by law.
5.2 Automatic Renewal Disclosure. Unless otherwise specified in the Order Form, subscriptions will automatically renew for successive terms equal in length to the initial term at Munchkins’ then-current rates. Pursuant to Connecticut Public Act 23-7 and applicable state laws, you acknowledge that your subscription will automatically renew. You may cancel this automatic renewal at any time prior to the end of the current term by emailing support@munchkins.ai or using the cancellation mechanism within the Customer dashboard.
5.3 Late Payments. Any undisputed amount not paid when due may accrue late charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
5.4 Taxes. Fees do not include local, state, or federal taxes, levies, or duties. Customer is responsible for paying all applicable taxes associated with its purchases.
6. Intellectual Property
6.1 Munchkins IP. Munchkins retains all right, title, and interest in and to the Service, software, AI models, prompts, embeddings, methodologies, underlying technology, and any derived product improvements. No rights are granted to Customer hereunder other than as expressly set forth herein.
6.2 Customer Content. As between the parties, Customer retains all right, title, and interest in and to Customer Content. Customer grants Munchkins a worldwide, non-exclusive, royalty-free, limited license to host, copy, transmit, analyze, and display Customer Content strictly for the purpose of providing the Service to Customer.
6.3 Candidate IP. To the extent a Candidate retains intellectual property rights in their interview responses, Customer represents and warrants that it has secured the necessary licenses from the Candidate to allow Munchkins to process the data as described herein.
6.4 License to Outputs. Munchkins grants Customer a non-exclusive, non-transferable license to use the transcripts, summaries, and scoring rubrics generated by the Service strictly for Customer’s internal employment evaluation purposes.
6.5 No AI Training on Identifiable Data. Munchkins shall not use identifiable Customer Content or identifiable Candidate audio/transcripts to train, fine-tune, or improve its foundational Large Language Models or third-party models, unless Customer explicitly opts in. Munchkins may utilize Service Data (strictly aggregated and de-identified) for telemetry, debugging, and system optimization.
7. Acceptable Use Policy (AUP)
Customer shall not, and shall ensure its Authorized Users do not:
- Use the Service in violation of any applicable local, state, national, or international law or regulation, including EEO laws, HIPAA, FCRA, BIPA, and ECPA wiretap laws.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying AI models of the Service.
- Process or interview minor Candidates (under the age of 18) without prior written authorization from Munchkins and verified parental consent.
- Submit or capture payment card data (PCI), Social Security Numbers, or credentials into free-text fields.
- Scrape the Service for AI training, competitive intelligence, or build a competitive product based on Service outputs.
- Use the Service to generate deepfakes, impersonate natural persons, or produce synthetic voice models of any identifiable individual.
- Attempt to circumvent the Candidate consent prompt embedded in the Service.
- Use the Service to engage in solely automated employment decision making without meaningful human review and intervention.
8. AI-Specific Terms
8.1 Probabilistic Outputs. Customer acknowledges that Large Language Models and AI systems are probabilistic. The Service may produce inaccurate, incomplete, or inconsistent outputs (“hallucinations”). Munchkins makes no warranty regarding the absolute correctness of any generated transcript, summary, or candidate score.
8.2 Human-in-the-Loop Requirement. Customer agrees that the Service is an assistive tool. Customer must apply human review and judgment prior to making any adverse employment action, hiring decision, or rejection based on the outputs of the Service.
8.3 Bias and Fairness. While Munchkins implements reasonable safeguards to prevent protected-class discrimination in its model prompts, Munchkins is not a substitute for Customer’s own EEO and anti-discrimination compliance protocols.
9. Third-Party Integrations
The Service may integrate with Applicant Tracking Systems (e.g., Indeed, ZipRecruiter) and utilizes third-party sub-processors (e.g., AWS, OpenAI, Anthropic, Deepgram). Customer’s use of third-party platforms is governed by their respective terms of service. Munchkins is responsible for the performance of its sub-processors to the extent defined in the Data Processing Agreement, but disclaims liability for data practices of Customer’s direct ATS vendors.
10. Confidentiality
10.1 Definition. “Confidential Information” means all non-public information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential.
10.2 Protection. The Receiving Party will use the same degree of care to protect the Confidential Information as it uses to protect its own (but not less than reasonable care). The Receiving Party will not disclose Confidential Information to any third party other than to its employees, advisors, and sub-processors who need access for purposes consistent with this Agreement and who are bound by confidentiality obligations.
11. Warranties and Disclaimers
11.1 Limited Warranty. Munchkins warrants that the Service will perform materially in accordance with its documentation.
11.2 DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” MUNCHKINS AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MUNCHKINS MAKES NO WARRANTY REGARDING THE ACCURACY OF AI OUTPUT, CANDIDATE TRUTHFULNESS, OR REGULATORY COMPLIANCE OF CUSTOMER’S HIRING DECISIONS.
12. Indemnification
12.1 By Munchkins. Munchkins will defend Customer against any claim, demand, suit, or proceeding made or brought against Customer by a third party alleging that the Service infringes or misappropriates such third party’s intellectual property rights, and will indemnify Customer for any damages finally awarded.
12.2 By Customer. Customer will defend, indemnify, and hold harmless Munchkins from any third-party claims, demands, or regulatory actions arising out of: (a) Customer Content; (b) Customer’s violation of applicable law (including EEO, FCRA, two-party consent laws, BIPA, or AI hiring laws); (c) Customer’s failure to obtain Candidate consent; (d) Customer’s hiring decisions; or (e) Customer’s failure to provide reasonable accommodations.
13. Limitation of Liability
13.1 Exclusion of Consequential Damages. IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
13.2 Liability Cap. EXCEPT FOR PAYMENT OBLIGATIONS, INDEMNIFICATION OBLIGATIONS, OR BREACHES OF CONFIDENTIALITY, EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT.
14. Dispute Resolution
14.1 Choice of Law. This Agreement is governed by the laws of the State of Connecticut, without giving effect to its conflict of laws principles.
14.2 Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement shall be determined by binding individual arbitration in Hartford County, Connecticut, administered by JAMS pursuant to its Comprehensive Arbitration Rules. CLASS ACTION WAIVER: The parties agree that any arbitration shall be conducted in their individual capacities only and not as a class action or mass action.
14.3 Carve-outs. Exceptions to arbitration include claims for public injunctive relief (where applicable), actions in small claims court, and equitable relief for IP infringement or AUP violations.
15. AI Integrity and Prohibited Adversarial Conduct
15.1 Standard of Professional Interaction. The Services utilize advanced Conversational Artificial Intelligence, Large Language Models (LLMs), and automated speech recognition (collectively, the “AI Agent”) to conduct initial screening evaluations. You agree to interact with the AI Agent in a professional manner, mirroring a traditional workspace environment. You are strictly prohibited from using profane, abusive, harassing, or discriminatory language during your interaction.
15.2 Absolute Prohibition on Adversarial Exploitation. You are granted a limited, conditional license to engage with the AI Agent solely for the purpose of a legitimate job application screening. You shall not, under any circumstances, engage in any form of adversarial prompt engineering. Prohibited conduct includes, but is not limited to:
- Prompt Injection: Attempting to introduce hidden text, conditional statements, or instructions designed to overwrite, bypass, or manipulate the AI Agent’s underlying system prompts or safety guardrails.
- Jailbreaking: Utilizing linguistic tricks, roleplay scenarios, hypothetical structures, or explicit commands designed to force the AI Agent to ignore its operational boundaries, generate non-standard outputs, deliver political or biased opinions, or produce malicious content.
- Reverse-Engineering & Extraction: Attempting to elicit, extract, or reconstruct the AI Agent’s core system architecture, instructions, proprietary prompting parameters, or baseline training rules through strategic questioning.
- Automated Fuzzing: Using automated scripts, bots, or software tools to rapidly feed inputs into the AI Agent to map out its operational boundaries or discover technical vulnerabilities.
15.3 Right of Termination and Disqualification. We actively monitor all text strings and voice transcripts in real-time for security auditing. If our system detects, in our sole discretion, an attempt to execute a prompt injection, jailbreak, or any other adversarial attack:
- Your session will be terminated immediately.
- Any data generated up to that point will be flagged as “Security Violation / Non-Evaluative” and sent to the prospective Employer.
- The prospective Employer reserves the right to automatically disqualify you from the hiring process based on an intentional breach of system integrity.
15.4 Indemnification for System Disruption. You agree to indemnify, defend, and hold harmless Munchkins AI LLC and its licensors from any liabilities, damages, operational downtime, or third-party claims arising from your intentional execution of an adversarial attack that causes the AI Agent to malfunction, generate harmful output, or disrupt service for other users.