Terms of Service

Last updated: April 12, 2026

Please read these Terms carefully. They contain important information about your rights including how we handle your voice data, your state-specific consumer rights, and our AI-generated content disclaimer.

KEY FACTS ABOUT YOUR VOICE DATA

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and NailTheInterview.ai ("Company", "we", "us", "our"), operated from the State of Michigan, United States. By accessing or using our platform at nailtheinterview.ai you agree to be bound by these Terms and all applicable laws. If you do not agree do not use the service.

These Terms were last updated April 12, 2026. We recommend you review them each time you use the service as they may change.

2. Description of Service

NailTheInterview.ai provides an AI-powered interview practice platform. Features include: simulated voice-based job interviews, AI-generated scoring and feedback, language coaching, and improved answer suggestions. The service is for educational and practice purposes only.

We make no representation that use of this service will result in employment, improved real-world interview performance, or any other specific outcome. The service is not a substitute for professional career coaching, employment services, or legal advice.

3. Voice Recording, Biometric Data, and Your Consent

3.1 Nature of Voice Data When you use the microphone feature your voice is recorded. Under applicable US and international law, your voice recording and any voiceprint derived from it constitutes a biometric identifier and sensitive personal data. This section governs our collection, use, and destruction of that data.

3.2 What We Collect and Why We collect your voice recording solely to: (a) transcribe your spoken answer into text via OpenAI's Whisper transcription service; (b) send that transcript to Anthropic's Claude AI to generate interview feedback; and (c) deliver that feedback to you. We collect nothing beyond what is necessary for this purpose.

3.3 What We Do Not Do We will never: sell, lease, trade, or profit from your voice recordings or voiceprint data; use your voice to train our own AI models; use your voice for identification, surveillance, advertising, or any purpose other than generating your interview feedback; share your voice data with any party not listed in Section 5.

3.4 Retention and Destruction Raw audio: transmitted to OpenAI Whisper and not retained by us after successful transcription. We have no copy. Transcribed text: held in session memory during your active session only. Not persisted to a database. Cleared when your session ends. No biometric data is retained by us beyond the duration of your active session.

3.5 Your Explicit Consent By clicking "I agree — start interview" on the consent screen before each session you provide explicit, informed, written consent — including electronic signature as defined under the Illinois Biometric Information Privacy Act (740 ILCS 14/10 as amended by Public Act 103-769, August 2024) — to the collection, processing, and transmission of your voice data as described in these Terms. This consent is freely given. You may withdraw it at any time by leaving the session.

3.6 State-Specific Biometric Rights Illinois (BIPA 740 ILCS 14): You have the right to prevent sale of your biometric data (which we never do) and to request destruction of any retained data. Contact: [email protected] with subject "BIPA Request". Texas (CUBI Tex. Bus. & Com. Code Ch. 503): We comply with Texas biometric consent and retention requirements. Enforcement is by the Texas Attorney General. Washington (RCW 19.375): We comply with Washington's biometric identifier law. Colorado (CPA Biometric Amendment, effective July 2025): We obtain your explicit electronic consent before collecting biometric data consistent with Colorado requirements. All other states: We apply the highest available consent standard (Illinois BIPA) to all users regardless of state.

4. AI-Generated Content

All scores, feedback, improved answers, follow-up questions, and other content generated by our AI systems is provided for educational practice purposes only. AI-generated content:

(a) May contain errors, inaccuracies, or omissions. (b) Does not constitute professional career, legal, or employment advice. (c) Does not guarantee any outcome in a real interview. (d) Reflects the AI model's assessment at a point in time and may not reflect current employer preferences. (e) Is generated by third-party AI systems (Anthropic Claude) whose outputs we do not fully control.

You acknowledge that AI-generated content is not infallible and should not be relied upon as the sole basis for any career decision. We are not responsible for any outcome resulting from reliance on AI-generated content. Under Minnesota law and Connecticut's 2026 amendments, if you are a Minnesota or Connecticut resident you have the right to contest automated profiling decisions — contact us at [email protected] to exercise this right.

5. Third-Party Services and Data Sharing

Our service integrates with the following third-party providers who process your data on our behalf:

Anthropic (Claude AI): Receives your transcribed answers to generate feedback. Privacy: anthropic.com/privacy OpenAI (Whisper): Receives your audio recording to produce a transcript. Privacy: openai.com/policies/privacy-policy ElevenLabs: Receives text to synthesise the interviewer voice. Privacy: elevenlabs.io/privacy-policy Vercel: Hosts and serves the platform infrastructure. Privacy: vercel.com/legal/privacy-policy

We have reviewed each provider's data handling policies and believe they are consistent with applicable privacy law requirements. However we cannot guarantee third-party compliance. Your use of these integrated services is subject to their respective privacy policies.

We do not share your data with any other third party except as required by applicable law or legal process.

6. Eligibility

You must be at least 13 years of age to use this service. Users under 18 must have parental or guardian consent. By using the service you represent you meet these requirements.

We do not knowingly collect personal data from children under 13. If we become aware a user is under 13 we will immediately cease processing their data. Parents or guardians who believe their child under 13 has used the service should contact [email protected] immediately.

Children's Privacy Laws: We comply with the Children's Online Privacy Protection Act (COPPA, 15 U.S.C. §§ 6501-6506). We also comply with state children's privacy laws including California's Age-Appropriate Design Code, Colorado's children's data protections, Connecticut's 2026 children's privacy amendments, and Maryland's restrictions on sale of minors' data.

7. Acceptable Use

You agree to use this service lawfully. You must not:

(a) Use automated tools, bots, or scripts to access the API or circumvent rate limiting; (b) Attempt to reverse engineer or extract our AI systems or algorithms; (c) Use the service to collect or harvest other users' data; (d) Impersonate any person or entity; (e) Attempt to bypass authentication or security measures; (f) Use the service in any way that violates applicable local, state, national, or international law; (g) Submit content that is defamatory, obscene, fraudulent, or that infringes intellectual property rights.

Violation of these provisions may result in immediate account termination and, where applicable, reporting to law enforcement.

8. Intellectual Property

The NailTheInterview.ai platform including its design, interface, branding, algorithms, and code is owned by us and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the service for personal non-commercial practice.

Your practice answers and personal content remain yours. We claim no ownership over your answers. You grant us a limited licence to process your content solely to provide the service as described in these Terms.

You may not copy, reproduce, distribute, or create derivative works from any part of our platform without our express written permission.

9. Payment and Subscriptions

9.1 Free Tier: Certain features are available without charge as described on our pricing page. We may modify free tier features with reasonable notice.

9.2 Subscriptions: Paid subscriptions are billed on a recurring basis (monthly or annual). Subscriptions auto-renew unless cancelled before renewal.

9.3 Cancellation: You may cancel at any time via your account settings. Cancellation takes effect at the end of the current billing period.

9.4 Refunds: We offer a 7-day refund on first-time subscriptions only. Contact [email protected] within 14 days of any charge you believe was made in error.

9.5 Price Changes: We will provide 30 days advance notice of price changes to existing subscribers.

9.6 Auto-Renewal Notice: Under California law and similar state laws, we are required to disclose that subscriptions automatically renew at the then-current rate unless you cancel before the renewal date. You may cancel at any time through your account settings.

10. Privacy

Our collection, use, and disclosure of your personal data is governed by our Privacy Policy, incorporated into these Terms by reference. By using this service you consent to the data practices described there. Our Privacy Policy is at nailtheinterview.ai/privacy.

11. State-Specific Consumer Rights

Depending on your state of residence you may have additional rights regarding your personal data. These rights and how to exercise them are described in full in our Privacy Policy, Section 6. A summary:

California (CCPA/CPRA): Right to know, delete, correct, opt out of sale (we do not sell), non-discrimination, and data portability. Enforced by the California Privacy Protection Agency. Virginia (VCDPA): Right to access, delete, correct, opt out of sale and profiling, data portability. Colorado (CPA): Right to access, delete, correct, opt out, and data portability. Opt-out via Global Privacy Control recognised. Connecticut (CTDPA as amended 2026): Right to access, delete, correct, opt out, data portability, and right to human review of automated decisions. Texas (TDPSA): Right to access, delete, correct, opt out of sale, and data portability. Virginia, Maryland, Minnesota, Montana, Oregon, Delaware, New Hampshire, New Jersey, Kentucky, Nebraska, Rhode Island, Iowa, Indiana, Tennessee, Utah: Rights to access, correct, delete, and opt out of data sale in accordance with each state's applicable comprehensive privacy law. All 50 states: Right to data breach notification under applicable state data breach notification laws. All users: Right to withdraw voice recording consent at any time by leaving the session.

To exercise any of these rights email [email protected] with your state and the specific right you wish to exercise. We will respond within 30 days.

12. Disclaimers

12.1 As-Is: The service is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

12.2 Availability: We do not warrant the service will be uninterrupted, error-free, secure, or free of harmful components. We reserve the right to suspend or discontinue the service at any time.

12.3 Accuracy: AI-generated scores and feedback are estimates based on probabilistic models. They are not objective measurements and should not be treated as such.

13. Limitation of Liability

To the maximum extent permitted by applicable law, our total liability to you for any claim arising out of or relating to these Terms or the service shall not exceed the greater of: (a) the amount you paid us in the 3 months preceding the claim; or (b) $100 USD.

In no event shall we be liable for indirect, incidental, special, consequential, or punitive damages including loss of profits, data, goodwill, or other intangible losses.

Some jurisdictions do not allow certain liability limitations. In such jurisdictions our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits our liability for death, personal injury caused by our negligence, or fraud.

14. Indemnification

You agree to indemnify and hold harmless NailTheInterview.ai and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses including reasonable legal fees arising from: your use of the service; your violation of these Terms; your violation of any third party's rights; or your violation of any applicable law.

15. Dispute Resolution

15.1 Informal Resolution: Before initiating any formal legal proceeding you agree to contact [email protected] and attempt to resolve the dispute informally for at least 30 days.

15.2 Governing Law: These Terms are governed by the laws of the State of Michigan, without regard to conflict of law principles.

15.3 Jurisdiction: Any legal action shall be brought exclusively in Michigan state or federal courts.

15.4 Class Action Waiver: To the extent permitted by applicable law, you agree to resolve disputes individually and not as part of any class or representative action. Note: This waiver does not apply to BIPA claims by Illinois residents to the extent prohibited by Illinois law, or to any consumer protection claims where class action waivers are prohibited by applicable state law.

15.5 California Residents: Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

16. Data Breach Notification

In the event of a data breach affecting your personal information, we will notify you and the relevant state authorities in accordance with applicable state data breach notification laws. All 50 US states have such laws. Our notification timelines comply with the strictest applicable requirement — typically within 30 days of discovery for California, Colorado, and New York users, and as promptly as practicable for all other users.

Given that we do not persistently store your voice recordings or session content in a database, the risk of a data breach affecting your biometric data is significantly limited. However we maintain this obligation for any personal data (such as email address and account information) that we do hold.

17. Changes to These Terms

We may update these Terms. We will notify registered users of material changes by email or prominent notice at least 14 days before they take effect. Your continued use after changes take effect constitutes acceptance of the revised Terms. If you do not agree to revised Terms you must stop using the service.

18. Severability and Entire Agreement

If any provision of these Terms is unenforceable, it will be limited or eliminated to the minimum extent necessary and the remaining Terms will remain in full force. These Terms together with the Privacy Policy constitute the entire agreement between you and NailTheInterview.ai regarding your use of the service.

19. Contact

General: [email protected] Legal: [email protected] Privacy and data requests: [email protected] Billing: [email protected] BIPA requests (Illinois): [email protected] — Subject: "BIPA Request" CCPA requests (California): [email protected] — Subject: "California Privacy Request" GDPR requests (EU/UK): [email protected] — Subject: "GDPR Request"

NailTheInterview.ai — Michigan, United States