Terms of Service & Privacy Policy
1. LEGAL STRUCTURE AND BINDING EFFECT
1.1 Contractual Nature: This Agreement is a digital contract between One Flick Limited (“the Operator”) and the User.
1.2 Execution by Use: Accessing any aspects of oneflick.nz constitutes an electronic signature.
1.3 Modification Rights: The Operator reserves the right to amend these at any time without prior individual notice.
1.4 Language of Record: The English version of this document shall be the only version used for legal interpretation.
2. DEFINITIONS AND INTERPRETATIONS
- 2.1 “Platform”: Includes the website, mobile applications, API, and cloud-based video hosting.
- 2.2 “Candidate Media”: Any video, audio, image, or metadata uploaded by a job seeker.
- 2.3 “Employer Entity”: Any business, recruiter, or person seeking to view Candidate Media.
- 2.4 “The Service”: The facilitation of asynchronous video interviewing and talent matching.
3. CANDIDATE MEDIA: PERPETUAL USAGE LICENSE
3.1 Grant of Rights: By uploading any video, the Candidate grants the Operator a Perpetual, Irrevocable, Worldwide, Royalty-Free, Fully Sub-licensable, and Transferable license.
3.2 Commercial Exploitation: The Operator may use Candidate Media for paid advertising, television broadcasts, social media sponsored content, and print media.
3.3 Modification Rights: We may crop, edit, overlay branding, or create “mashups” of Candidate videos for marketing.
3.4 No Expiry: This license does not expire if the Candidate deletes their account or requests data removal.
3.5 Waiver of Moral Rights: Candidates waive all rights of “attribution” or “integrity” regarding the use of their likeness.
4. ANTI-ABUSE: UNAUTHORIZED VIDEO EXTRACTION
4.1 Streaming-Only Restriction: All video content is intended for “on-platform” viewing only.
4.2 Prohibited Tools: Use of browser “Video Downloaders,” screen-recording software, or mobile-mirroring to save videos is a material breach.
4.3 Forensic Watermarking: The Operator may use invisible watermarking to track unauthorized leaks of Candidate Media.
4.4 Legal Penalties: Unauthorized extraction will result in a minimum liquidated damages claim of $10,000 NZD per video file.
5. EMPLOYER AND AGENCY OBLIGATIONS
5.1 Internal Use Only: Employers may only show videos to internal stakeholders involved in the specific hiring decision.
5.2 No Secondary Databases: Agencies are forbidden from saving OneFlick candidate data into their own external CRMs.
5.3 Contact Protocol: Employers must not bypass the Platform to contact Candidates if the Platform settings forbid it.
6. BIOMETRIC DATA AND PRIVACY CONSENT
6.1 Visual Likeness: You consent to the processing of your facial features and voice patterns as part of the video Service.
6.2 Data Residency: Data is hosted in secure regions (e.g., Australia/USA/NZ) providing comparable privacy protections.
6.3 Third-Party Processing: We utilize third-party AI for transcription and video encoding.
7. AI AND MACHINE LEARNING UTILIZATION
7.1 Algorithm Training: Candidate Media will be used to train OneFlick’s proprietary AI for sentiment and skill analysis.
7.2 Automated Decision Making: We may use AI to rank candidates; however, the final hiring decision remains with the Employer.
8. PROHIBITION OF AI-GENERATED CONTENT
8.1 Deepfake Policy: Candidates must not use AI-generated avatars or “deepfake” technology to represent themselves.
8.2 Authenticity Guarantee: All video uploads must be of the living, breathing human associated with the account.
9. SYSTEM INTEGRITY AND SECURITY
9.1 DDoS Prevention: Any attempt to “flood” our video servers will result in immediate IP blacklisting.
9.2 Malware Warranty: Users warrant that their uploads are free from viruses, worms, or “Trojan” scripts.
10. ACCOUNT TERMINATION PROTOCOLS
10.1 Termination for Convenience: The Operator may shut down any account for any reason with 24 hours’ notice.
10.2 Immediate Termination: Reserved for breaches of Clause 4 (Unauthorized Extraction) or Clause 14 (Harassment).
11. INTELLECTUAL PROPERTY OF THE OPERATOR
11.1 Software Ownership: All “OneFlick” source code remains the sole property of One Flick Limited.
11.2 Trademark Protection: The “OneFlick” name and icon are protected under NZ Trademark Law.
12. LIMITATION OF LIABILITY
12.1 No Employment Guarantee: We are a platform, not an employer or a recruitment agency.
12.2 Liability Cap: Our total liability is limited to the fees paid by the User in the preceding 3 months.
13. INDEMNIFICATION CLAUSE
13.1 User Defense: You agree to defend the Operator against any lawsuits arising from your content (e.g., copyright claims).
14. HARASSMENT AND PROFESSIONALISM
14.1 Zero Tolerance: Any “creepy” or unprofessional comments made by Employers regarding Candidate appearance will result in an immediate ban.
15. THIRD-PARTY LINKS AND API INTEGRATIONS
15.1 External Risks: We are not responsible for content on LinkedIn, Facebook, or other integrated platforms.
16. COMPLIANCE WITH NEW ZEALAND LAW
16.1 Jurisdiction: This Agreement is governed by the laws of New Zealand.
16.2 Consumer Guarantees Act: These terms do not override your rights under the CGA (where applicable).
17. SUBSCRIPTION AND BILLING
17.1 Auto-Renewal: Subscription plans renew automatically unless cancelled 48 hours prior to the cycle.
17.2 Price Changes: We may adjust pricing with 30 days’ notice to active subscribers.
18. NO REFUND POLICY
18.1 Final Sale: All payments for “Video Credits” or “Premium Profiles” are final.
19. FORCE MAJEURE
19.1 Excusable Delays: We are not liable for outages caused by solar flares, undersea cable cuts, or pandemics.
20. DATA RETENTION POLICY
20.1 Archive Period: We may retain Candidate Media for up to 7 years after account deactivation for legal compliance.
21. PUBLICITY RIGHTS
21.1 Logo Usage: Employers grant the Operator the right to use their company logo in our “Our Clients” section.
22. DATA SUBJECT ACCESS REQUESTS (DSAR)
22.1 Right to Access: You may request a copy of your stored data once per calendar year for free.
23. CONFIDENTIALITY
23.1 Recruitment Secrets: Users must not disclose the specific interview questions used by Employers on the Platform.
24. SEVERABILITY
24.1 Legal Continuity: If a court strikes down any section, the rest of the Agreement remains valid.
25. ENTIRE AGREEMENT
25.1 Single Record: This document supersedes all previous emails, chats, or verbal promises.
26. NO WAIVER
26.1 Persistence of Rights: If we don’t sue you today for a breach, we still reserve the right to sue you tomorrow.
27. ASSIGNMENT
27.1 Business Transfer: The Operator may transfer this Agreement to a new owner if One Flick Limited is sold.
28. NOTICES
28.1 Digital Notice: All legal notices to Users will be sent via the email address on file.
29. DISPUTE RESOLUTION (ARBITRATION)
29.1 Mediation First: Parties agree to attempt 10 hours of mediation before filing a court claim.
30. RELATIONSHIP OF PARTIES
30.1 Independent Status: No partnership or employer-employee relationship is created.
31. ELECTRONIC COMMUNICATIONS
31.1 Consent to Email: You agree to receive Platform Updates which may include marketing offers.
32. COOKIE POLICY
32.1 Tracking: We use cookies to keep you logged in and to analyze video play rates.
33. GEOGRAPHIC RESTRICTIONS
33.1 Sanctioned Regions: The Service is not available in countries currently under NZ/UN trade sanctions.
34. HEADINGS FOR CONVENIENCE
34.1 Non-Binding Titles: Section titles are for navigation only.
35. LANGUAGE INTERPRETATION
35.1 Plurality: Words in the singular include the plural and vice versa.
36. SURVIVABILITY
36.1 Post-Termination: Clauses regarding IP, Liability, and Media Rights survive account closure.
37. FEEDBACK LICENSE
37.1 Product Ideas: If you suggest a feature, we own that idea and can build it without payment.
38. NO THIRD-PARTY BENEFICIARIES
38.1 Direct Contract: This Agreement is only between You and One Flick Limited.
39. ACCESSIBILITY
39.1 Best Efforts: We strive to meet WCAG standards but do not guarantee 100% compliance.
40. EXPORT CONTROL
40.1 Technical Data: You will not export OneFlick technical data in violation of NZ export laws.
41. CONTACT INFORMATION
41.1 Support: All legal inquiries should be directed to hello@oneflick.nz.
