The Service
The Service lets Customers invite candidates to adaptive hiring assessments, including conversational assessments processed by machine-learning models, and view scores, results, and reports. THE SERVICE IS DECISION-SUPPORT ONLY. AI Psychometrics does not make hiring decisions, provide employment, recruiting, or background-check services, or warrant any outcome. All hiring decisions are solely the Customer’s.
Accounts
Customers are responsible for account accuracy, credential confidentiality, and activity under their accounts, and must notify us of unauthorized use. Users must be 18 or older and able to contract.
Candidates and invitations
The Customer represents that it has authority and a legal basis, including consent where required, to provide candidate data and have candidates assessed; has given all required notices and obtained required consents before inviting candidates, including for AI or automated assessments; will use results only for lawful hiring or evaluation in compliance with employment, anti-discrimination, privacy, and automated-employment-decision-tool laws, including applicable bias-audit, notice, accommodation, and consent requirements; will not use results as the sole basis where prohibited and will apply human review to employment decisions; and will not submit data for anyone under 18 or outside a legitimate hiring context.
Candidate data and privacy
The Customer is controller of Candidate data; we process that data on the Customer’s behalf as described in the Privacy Policy. Each party must comply with applicable data-protection laws.
Acceptable use
Customers must not misuse the Service; probe or scan without permission; interfere with the Service; reverse engineer it except where law permits; use it unlawfully or violate others’ rights; submit unauthorized data; resell it except as agreed in writing; or assess anyone outside a legitimate hiring context.
Fees, credits, refunds, and service levels
Assessment purchases use the pricing and volume terms presented or agreed at purchase. Charges apply to completed assessments under the applicable engine terms; invitations that remain incomplete or expire are not completed assessments. Fees are non-refundable except where law requires or the parties agree in writing. No service-level agreement applies unless provided in a separate written agreement.
Intellectual property
AI Psychometrics owns the Service, including its methodology, software, model configurations, scoring logic, branding, and improvements. The Customer receives a limited, non-exclusive, non-transferable, revocable right to use the Service during the term for internal hiring. The Customer owns its account data and, between the parties, its assessment results. We may use feedback without restriction.
Confidentiality
Each party will protect the other party’s confidential information using reasonable care. Candidate data is handled as described in the Privacy Policy.
Disclaimers
THE SERVICE IS PROVIDED AS IS, AS AVAILABLE, AND WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES ARE DISCLAIMED, INCLUDING MERCHANTABILITY, FITNESS, NON-INFRINGEMENT, ACCURACY, VALIDITY OR RELIABILITY OF RESULTS, PREDICTION OF JOB PERFORMANCE, FREEDOM FROM BIAS OR ERROR, AND SATISFACTION OF LEGAL OR REGULATORY REQUIREMENTS. Results are informational only. The Customer bears sole responsibility for use and all employment decisions.
Limitation of liability
To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenue, data, goodwill, or opportunity. Aggregate liability is capped at amounts paid in the 12 months preceding the claim, or USD 100 if none. This applies even if a remedy fails of its essential purpose. Liability that cannot legally be limited remains unaffected.
Indemnification
The Customer will indemnify AI Psychometrics against third-party claims arising from the Customer’s breach; candidate invitations or assessments, including candidate claims; employment decisions; discrimination, bias, or automated-decision claims arising from the Customer’s use; or failure to give required notice or obtain consent. AI Psychometrics will indemnify the Customer against third-party claims that the Service, as provided and used as permitted, directly infringes intellectual-property rights.
Term and termination
These Terms apply while the Service is used. Either party may terminate for an uncured material breach after 30 days’ notice. We may suspend immediately for security, legal, or abuse reasons. Customers may close an account at any time. Paid amounts are non-refundable except as required by law. Data is handled under the Privacy Policy. Intellectual-property, confidentiality, disclaimer, liability, and indemnity terms survive termination.
Changes
We may modify the Service and these Terms. Updated Terms will be posted with a new date, and additional notice of material changes will be given where appropriate. Continued use after the effective date constitutes acceptance.
Governing law, arbitration, and class-action waiver
These Terms are governed by Wyoming law. Disputes are subject to binding individual arbitration under the AAA Commercial Rules, seated in Wyoming, except eligible small-claims matters and requests for injunctive relief involving intellectual property or data security. EACH PARTY WAIVES A JURY TRIAL AND CLASS ACTION, CLASS ARBITRATION, AND PRIVATE ATTORNEY-GENERAL PROCEEDINGS, AND MAY ACT ONLY IN AN INDIVIDUAL CAPACITY. A user may opt out by emailing legal@ai-psychometrics.com within 30 days of first acceptance. Terms are severable where prohibited.
General
These Terms and any applicable order or separate agreement are the entire agreement. Invalid provisions are severable. Neither party may assign without consent except in connection with an affiliate, merger, or sale. Non-enforcement is not a waiver. Neither party is responsible for delay caused by events beyond reasonable control.
Contact
AI Psychometrics Inc. · legal@ai-psychometrics.com.