Revised October 4, 2026.
These Terms govern a business customer’s (“Customer,” “you”) use of AI Psychometrics Inc.’s (“Company,” “we”) hosted assessment, reporting, badge, and related services (“Service”). A person accepting on behalf of an organization represents that they may bind it. An order accepted by both parties or checkout record specifying the purchased product (“Order”) forms part of the Agreement. An accepted Order controls only its specific commercial terms, not statutory data rights or required transfer clauses. The Data Processing Addendum (“DPA”) controls for processing Customer Personal Data; mandatory law and valid transfer instruments control where they cannot be displaced. The Enhanced Cap (referred to in earlier versions as the “Super-Cap”) must be stated consistently in Section 12 and DPA Section 12 before either instrument is accepted. The Customer must affirmatively accept the specific version of these Terms, the completed DPA where applicable and the Order through an authorized signatory or recorded clickwrap; a link or mere use alone is not treated as proof of acceptance. Version, organization, signatory, time and consent evidence must be retained. These Terms do not bind an applicant as a Customer.
1. Service and scope
Supported interface languages and countries in which the Company accepts Customers are different. A language option does not mean that a country is open for contracting or that local transfer and employment-law requirements have been satisfied. The planned supported markets are the Republic of Korea, Australia, Singapore, the United States and Canada. Japan is open only where the Japan module in Annex 4 of the DPA has been completed and the accepted Order identifies it. An Order that identifies Japan is accepted only if the Credits it covers expire no later than six months after their date of issue, as stated in Section 3. Eligibility for a particular Customer, hiring location and applicant population in these countries must still be stated in the Order and applicable local supplement before onboarding; a country outside this list is not opened by translation. A listed market does not itself certify local compliance or activate an incomplete data-transfer schedule. The Service helps Customers invite applicants, administer Theta AI and Titan AI assessments, view scores and reports, and use optional credential and badge features. AI-generated and statistical outputs can be incomplete or wrong. They are decision support, not a final hiring decision, background check, employment agency service, professional advice, or guarantee of job performance. We do not make employment decisions for Customer. Customer must independently assess job relevance, validity, fairness, accommodations, and each result before making a decision. A product label or badge does not certify that an employer is legally compliant, that an applicant is fit for a job, or that employment exists, except to the limited extent expressly stated in the Badge Terms.
2. Eligibility, accounts, and users
The Service is for organizations and authorized adult representatives, not personal or household purchases. Customer must provide accurate account and organization details, secure accounts and credentials, manage user permissions, notify us promptly of suspected compromise, and remain responsible for its users. We may require verification before enabling sensitive functions. User roles, partner access, and third-party access must be authorized by Customer; access may be suspended to protect security or comply with law.
3. Orders, credits, fees, refunds
An Order or checkout displays the applicable product, unit, quantity, price, currency, taxes, credit validity, and any discount. Prepaid assessment and report credits (“Credits”) are consumed under the product and quantity shown at checkout; they are not money, cannot be redeemed for cash, and cannot be transferred except through a feature or written agreement that expressly allows it. Purchased Credits ordinarily expire 12 months after purchase, unless the Order states a different validity period. For an Order that identifies Japan, Credits expire no later than six months after the later of the date they are recorded to Customer’s account and the date they are delivered to Customer. That period is not extended or renewed, unused Credits do not carry over, and the 12-month period above does not apply. Trial, promotional, partner, and subscription entitlements may have different, clearly stated validity and do not necessarily carry a cash refund right. A Customer may request a refund of unused purchased Credits within 90 days after purchase; consumed, expired, promotional, or complimentary Credits are not refundable except as required by law or agreed in an Order. Refund requests may be submitted to help@ai-psychometrics.com for manual review and reconciliation, unless the accepted Order specifies another request route. A request is timely if received within 90 days of the purchase timestamp in the Order. We will identify the purchased lot, units consumed and paid unit allocation, and reconcile the Credit ledger with the payment provider before issuing a refund through the original eligible payment route. Refunds are limited to the amount paid for the eligible unused units, adjusted for bundle discounts and any non-refundable completed service component disclosed at checkout; we will not deduct a completed-service component unless the Order identified it. We may reverse refunded Credits and corresponding entitlements. Company will process an eligible refund within 10 business days after the date it sends written confirmation that the request is eligible (or, if later, the date it receives information it reasonably requested to complete the reconciliation), with no deduction for a refund processing fee, and will reconcile the payment reversal with the Credit ledger. The time a payment provider or the Customer’s bank takes to post the funds after Company has issued the refund is outside that period and is not a delay by Company. Statutory rights prevail. Fees and tax treatment are shown at checkout or in the Order. No service level, uninterrupted availability, or fixed delivery time is promised without a signed service-level agreement.
4. Candidate instructions and employment-law responsibilities
Customer may provide an applicant’s contact information only for a legitimate, lawful hiring or assessment purpose, and must have authority and any required legal basis to send invitations and give us processing instructions. Customer supplies legally required notices, obtains legally required consents, offers accommodations and an alternative selection process where required, handles applicant requests and human review, and complies with employment, anti-discrimination, privacy, and automated employment decision tool laws applicable to its use. This includes required bias audits, notices and impact assessments where applicable. Customer will not set an automatic rejection threshold where prohibited, treat a rubber-stamp review as meaningful human oversight, or submit information it lacks rights to process. These responsibilities do not waive any direct statutory duty that law imposes on us. We will reasonably provide available technical information to support a Customer’s lawful review and applicable audit or notice processes, including any bias-audit summary that has actually been completed and may lawfully be shared. We do not claim to have performed an audit, validity study or group-impact evaluation unless its dated scope and results are actually available. Company will identify the intended use, limitations and relevant version of outputs in verified product materials, subject to confidentiality and agreed fees for non-standard work; no unperformed validation study is represented as complete. No applicant under 18 should be invited.
Company will make available the accessibility and timing-adjustment settings described in its current product documentation and will reasonably cooperate with Customer to implement Customer’s accommodation decisions within those features. Company does not decide whether an accommodation is required or granted and does not request disability or health information. Customer must not submit medical or disability information through the Services, including free-text answers and support channels, except as permitted by Section 5.
5. Data roles and notices
The Customer determines why and how applicant assessment data is used in hiring; we process such data to provide the Service on the Customer’s instructions, subject to the DPA and law. We independently determine purposes for account administration, our website consultation widget, billing, security and legally required records. The Privacy Policy describes our practices but is not a substitute for Customer’s applicant notice, Korea-specific consignment/publication steps or applicable international-transfer mechanism. Customer must not include sensitive information in jobs or applicant prompts unless a lawful basis and written processing arrangement cover it. An applicant’s optional public badge is subject to separate, specific consent and the Badge Terms, not assessment consent alone.
6. Acceptable use
Customer will not submit unlawful or unauthorized data; use the Service to discriminate unlawfully, infer protected traits unlawfully or make prohibited automated decisions; probe, attack, interfere with or reverse engineer the Service except where mandatory law permits; misuse another tenant’s data; publish misleading badge claims; resell or sublicense access without written agreement; or assess a person outside a legitimate hiring or approved evaluation context. We may investigate and proportionately suspend offending access, with notice when feasible.
7. Intellectual property and data
We and our licensors retain the Service, software, methods, model configurations, brand, templates, and improvements. Customer retains rights in content it submits and, as between the parties, Customer-specific reports and results. Customer grants us a limited right to host, transform, transmit and process Customer content only as needed to provide, secure and support the Service and as expressly agreed in the DPA. We grant Customer a non-exclusive, non-transferable license to use the Service during the Agreement for its internal business purpose. Customer may share reports with an authorized recipient where law, consent, and the Service permit, but may not disclose another person’s confidential information. Feedback may be used to improve the Service without obligation, provided we do not identify the Customer or expose Customer Personal Data without permission. Any de-identified or aggregated use must satisfy the DPA and applicable law; pseudonymized information is personal information under the Korean Personal Information Protection Act (Article 2, item 1(c)) and remains personal data under other applicable law where it can be linked to a person; it is distinct from anonymized information, which can no longer be used to identify an individual.
8. Confidentiality and security
Each party will protect the other’s non-public information with reasonable care, use it only for this Agreement, and disclose it only to personnel and service providers who need it and owe suitable confidentiality duties. Information independently developed, lawfully obtained elsewhere or made public without breach is excluded. Legally compelled disclosure is permitted with notice if lawful. Candidate information is governed by the DPA; confidentiality does not replace data-protection duties. We maintain safeguards described accurately in the DPA and respond to incidents as required there and by law. No SOC 2 or ISO certification is promised.
9. Changes, access and availability
We may change features, provided we do not materially reduce a paid core service during its stated Order term without reasonable notice or an agreed remedy. We may pause access for security, legal compliance, maintenance or abuse. We will give reasonable advance notice of material changes when feasible. Material changes to these Terms take effect on a stated future date and are notified at least 30 days in advance. A change that is materially adverse to Customer binds Customer only after Customer’s express acceptance of the new version through the recorded acceptance mechanism described above. Until then, the version previously accepted continues to apply to Customer’s existing Orders and credits, and Company may decline new Orders unless the new version is accepted. If Customer declines a materially adverse change, it may stop using the affected paid Services and request a refund of eligible unused, unexpired credits as provided in Section 3. Continued use alone is not acceptance.
10. Warranties and disclaimer
Each party represents that it has authority to enter this Agreement and will comply with laws applicable to its own conduct. Company represents that it will provide the contracted Service substantially as described in the accepted Order and maintain the security and processing commitments actually stated in a completed DPA; this does not warrant a hiring outcome, bias-free result, completed external audit, or regulatory certification. Company will address confirmed material defects in the Service within a reasonable period or offer the remedy stated in the Order, subject to non-waivable rights. We do not warrant that statistical estimates, model outputs, reports or badges predict performance, are free from bias or error, meet a particular professional standard, or satisfy Customer’s employment-law duties. Customer remains responsible for using a job-related and legally defensible selection procedure. This disclaimer does not negate any non-waivable duty of either party, nor does contract language bind a regulator or applicant who is not a party. Except for express commitments and to the extent law permits, the Service is provided “as is” and “as available” without implied warranties of merchantability, fitness, non-infringement or uninterrupted operation.
11. Third-party claims and indemnity
(a) Customer will defend us against third-party claims arising from its unlawful instructions, content, failure to give notices, obtain consents or provide accommodations that applicable law requires of Customer, or its hiring decisions, and will indemnify us for damages finally awarded, settlement amounts and reasonable attorneys’ fees resulting from the claim, except to the extent caused by our breach, negligence or unlawful conduct, or by a design defect in the Service that is shown to have caused the claim when the Service is used as authorized. Assessment results, scores or reports, or the Customer’s use of them in a hiring decision, are not by themselves a design defect. Claims materially arising from Company-controlled algorithm design, model behavior or inaccurate Company documentation require a separate allocation agreed in the Order; they are not assigned wholesale to Customer. (b) We will defend Customer against a third-party claim that the unmodified Service, used as authorized, infringes that person’s intellectual property, excluding Customer content and combinations not supplied by us. If the Service becomes, or in our reasonable opinion is likely to become, the subject of such a claim, we may at our option and expense (a) obtain the right for Customer to keep using it, (b) replace or modify it so that it is non-infringing with materially equivalent function, or (c) if neither is commercially reasonable, terminate the affected Service and refund amounts paid for the unused Credits of that Service. This paragraph states our entire obligation and the Customer’s exclusive remedy for third-party intellectual property infringement claims. The indemnified party must promptly notify the other, allow defense control subject to reasonable consultation, and provide cooperation; no settlement may admit fault or impose non-monetary duties on the indemnified party without its consent. Neither provision eliminates direct statutory employment or privacy liability owed to applicants or regulators.
12. Liability
To the extent permitted by law, neither party is liable to the other for indirect, special, punitive or consequential damages or lost profits, except that this exclusion does not bar amounts owed to a third party under an indemnity to the extent recoverable by law. For all claims between the parties arising out of or relating to the Agreement, whether in contract, tort (including negligence), statute or any other legal theory, other than claims within the Enhanced Cap tier below, each party’s aggregate liability to the other (the “General Cap”) will not exceed fees actually paid by Customer to Company for the Service in the 12 months immediately before the event giving rise to the claim. No USD 100 minimum applies. For claims between the parties, under any legal theory, arising from breach of confidentiality, security obligations or the DPA, the aggregate enhanced cap (the “Enhanced Cap,” referred to in earlier versions as the “Super-Cap”) is the greater of (a) two times the General Cap or (b) US$15,000. This is one aggregate tier for all such claims, not an additional amount stacked on the General Cap. The same definitions and tiers apply in DPA Section 12. No limitation or exclusion in this Section 12 applies to liability for fraud, willful misconduct, gross negligence, unpaid fees, or any liability that cannot be limited under applicable law. Indemnities and the caps. Customer’s obligations under Section 11(a) are not subject to the General Cap or the Enhanced Cap. Company’s obligations under Section 11(b) (intellectual property claims) are subject to the Enhanced Cap and not the General Cap. Caps bind only contracting parties and do not cap an applicant’s or regulator’s independent claims. The DPA and any applicable transfer clauses take precedence where required.
13. Term, suspension and data after termination
The Agreement runs while an account, Order or valid Credit remains active unless terminated. Either party may terminate for material breach not cured within 30 days of written notice; immediate suspension may be appropriate for security, legal or serious abuse risks. Customer may stop use, subject to the refund rule in Section 3. After termination, access to the Service ends. Company will return and delete data, retain legally required records and handle backups according to the DPA and applicable law. Payment, confidentiality, permitted IP uses, liability and dispute provisions survive as appropriate.
14. Badge program
The separately presented Badge Terms govern Company-issued employer, partner, assessment and optional employment credentials. An employer registration’s status may be shown publicly when enabled, including Active, Inactive, Under Review, Expired or Revoked, according to the program rules; mere inactivity for lack of an entitlement is not a misconduct finding. Candidate public verification and wallet display require the applicant’s separate choice. A badge is evidence of only the specific facts displayed and is not a license, accreditation, background check, hiring endorsement or guarantee. Company will apply the public-status and dispute procedures in the Badge Terms.
15. Law and disputes
Wyoming law governs to the extent permitted by mandatory law. Except where mandatory law or an applicable data-transfer mechanism requires otherwise, disputes between the contracting parties will be resolved by individual arbitration under the American Arbitration Association Commercial Arbitration Rules, seated in Wyoming; either party may seek urgent injunctive relief in a competent court for security or intellectual property. Either party may opt out of arbitration by sending notice to legal@ai-psychometrics.com within 30 days of first acceptance; Company will provide a receipt and acknowledgment method in the Order. If a timely opt-out is received, state or federal courts in Wyoming have exclusive venue, subject to mandatory law. This dispute provision concerns contracting parties only and does not impose arbitration on applicants, badge holders or regulators.
16. General
The accepted Order, these Terms, applicable Badge Terms, the completed DPA and any signed local supplement are the complete agreement. For conflicting provisions, mandatory law and valid transfer terms prevail where required; the DPA controls Customer Personal Data, the applicable Badge Terms control badge-specific matters, and the Order controls its specific commercial choices. No Order or badge provision silently overrides mandatory privacy or employment duties. An invalid provision is severed to the minimum needed. Neither party may assign without consent except to a successor in a merger or sale that assumes the duties. Delay in enforcing a right is not waiver. Events outside reasonable control excuse delay but not payment already due or reasonable protective duties. Notices to us: legal@ai-psychometrics.com; notices to Customer: the account-owner address unless an Order says otherwise. Language. These Terms are in English, which is the controlling language of this agreement. Any translation is provided for convenience only. Where Customer is located in Korea, Quebec or another jurisdiction whose mandatory law requires a local-language version or notice, Company will make that version available before acceptance, and Customer confirms by its acceptance that it has had the opportunity to review it and to obtain advice, and that it agrees to be bound by the English version. Nothing in this Section limits mandatory law that requires a term, notice or consent to be provided in a particular language or that gives priority to the local-language text. Notices to individuals, including privacy notices, are effective in the language in which they are provided to those individuals. A Customer located in Quebec confirms that the parties have expressly required that this agreement and all related documents be drawn up in English, and Company will provide a French translation on request.