Terms of Service

1. The Service

The Service lets Customers invite job candidates to complete adaptive hiring assessments, including conversational assessments whose responses are processed by machine-learning models, and lets Customers view scores, results, and reports. THE SERVICE PROVIDES DECISION-SUPPORT INFORMATION ONLY. AI Psychometrics does not make hiring decisions, does not provide employment, recruiting, or background-check services, and does not warrant any assessment outcome. All hiring, rejection, and employment decisions are made solely by the Customer.

2. Accounts

You are responsible for the accuracy of account information, for keeping credentials confidential, and for all activity under your accounts. You must notify us promptly of any unauthorized use. You must be at least 18 years old and able to form a binding contract to use the Service.

3. Candidates and invitations - Customer warranties

Customer invites candidates to assessments by providing their email addresses. Customer represents, warrants, and covenants that it:

• has full authority and any legally required basis (including consent, where required) to provide candidate personal data to us and to have candidates assessed through the Service;
• has provided or will provide candidates all notices, and has obtained or will obtain all consents, required by applicable law before inviting them, including any notices required for assessments that use artificial intelligence or automated tools;
• will use assessment results only for lawful hiring and evaluation purposes and in full compliance with applicable employment, anti-discrimination, privacy, and automated employment decision tool (AEDT) laws and regulations in every jurisdiction where Customer operates or candidates are located, including any bias-audit, notice, accommodation, or consent requirements;
• will not use assessment results as the sole basis for any employment decision where prohibited by law, and will apply human review to all employment decisions;
• will not submit candidate data for individuals under 18 or outside a legitimate hiring or evaluation context.

4. Candidate data and privacy

As between the parties, Customer is the controller of candidate personal data and AI Psychometrics processes that data on Customer’s behalf as described in our Privacy Policy. Each party will comply with applicable data-protection laws.

5. Acceptable use

You will not: (a) misuse the Service, including by probing, scanning, or testing vulnerabilities without permission, or interfering with operation; (b) reverse engineer the Service except where law permits notwithstanding this restriction; (c) use the Service to violate law or third-party rights; (d) submit data you have no right to submit; (e) resell or provide the Service to third parties except as agreed in writing; or (f) use the Service to assess individuals outside a legitimate hiring or evaluation context.

6. Fees, refunds, and service levels

The Service is currently provided free of charge while in beta. If fees are introduced, they will be set out in a separate order form or written agreement between the parties. Except where required by law or expressly agreed in writing, all fees paid are non-refundable. The Service is provided without any service-level commitment unless a separate written agreement states one.

7. Intellectual property

AI Psychometrics owns the Service, including the assessment methodology, software, model configurations, scoring logic, and branding, and all improvements. We grant Customer a limited, non-exclusive, non-transferable, revocable right to use the Service during the term for its internal hiring purposes. Customer owns its account data and, as between the parties, the assessment results generated for it. Customer grants us the rights needed to process submitted data to operate the Service. Any feedback you provide may be used by us without restriction or obligation.

8. Confidentiality

Each party may receive non-public information of the other. Each party will use the other’s confidential information only to perform under these Terms and will protect it with reasonable care. Candidate assessment data is handled as described in the Privacy Policy.

9. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL ASSESSMENT RESULTS, SCORES, AND REPORTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” AI PSYCHOMETRICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, VALIDITY, RELIABILITY, OR COMPLETENESS OF ANY ASSESSMENT RESULT, AND ANY WARRANTY THAT AN ASSESSMENT WILL PREDICT JOB PERFORMANCE, BE FREE OF BIAS OR ERROR, OR SATISFY ANY LEGAL OR REGULATORY REQUIREMENT APPLICABLE TO CUSTOMER. ASSESSMENT RESULTS ARE INFORMATIONAL ONLY. CUSTOMER BEARS SOLE RESPONSIBILITY FOR ITS USE OF THE SERVICE AND FOR ALL EMPLOYMENT DECISIONS.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THEIR POSSIBILITY. AI PSYCHOMETRICS’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, IN ANY THEORY OF LIABILITY, WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO AI PSYCHOMETRICS IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, IF NO AMOUNTS WERE PAID, USD 100. THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

11. Indemnification

Customer will defend, indemnify, and hold harmless AI Psychometrics and its officers, directors, employees, and agents from and against any and all third-party claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Customer’s breach of these Terms; (b) Customer’s invitations to or assessments of candidates, including any claim by a candidate; (c) Customer’s hiring, rejection, or other employment decisions; (d) any discrimination, bias, or automated-decision claim arising from Customer’s use of the Service or assessment results; and (e) Customer’s failure to provide any required notice to, or obtain any required consent from, a candidate. AI Psychometrics will defend and indemnify Customer against third-party claims that the Service, as provided by us and used as permitted by these Terms, directly infringes intellectual-property rights.

12. Term and termination

These Terms apply while you use the Service. Either party may terminate for material breach that is not cured within 30 days of notice. We may suspend or terminate access immediately where required for security, legal, or abuse-prevention reasons. You may stop using the Service and close your account at any time; amounts already paid are non-refundable except as required by law. On termination, access ends and we handle retained data as described in the Privacy Policy. Sections that by their nature should survive (including IP, confidentiality, disclaimers, liability limits, and indemnities) survive.

13. Changes to the Service or Terms

We may modify the Service (including adding or removing features) and these Terms at any time. We will post updated Terms with a new “last updated” date and provide additional notice of material changes where appropriate. Continued use after changes take effect constitutes acceptance.

14. Governing law, arbitration, and class-action waiver

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-laws rules.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the arbitration seated in Wyoming, rather than in court - except that either party may bring an individual action in small-claims court and may seek injunctive or other equitable relief for intellectual-property or data-security matters in any court of competent jurisdiction. THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL. THE PARTIES ALSO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING, AND CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

You may opt out of this arbitration and class-action waiver agreement by emailing legal@ai-psychometrics.com within 30 days of first accepting these Terms, stating that you opt out. Opting out does not affect the rest of these Terms. Where applicable law prohibits any part of this section, that part does not apply and the remainder stays in effect.

15. General

These Terms, together with any order or agreement referencing them, are the entire agreement between the parties about the Service and supersede prior discussions. If a provision is unenforceable, it will be modified to the minimum extent necessary and the rest remains in effect. Neither party may assign these Terms without the other’s consent, except to an affiliate or in connection with a merger, reorganization, or sale of substantially all assets. Failure to enforce a provision is not a waiver. We are not liable for delays or failures caused by events beyond our reasonable control.

16. Contact

AI Psychometrics Inc.legal@ai-psychometrics.com