Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Assessly ("we," "us," or "our") governing your access to and use of the Assessly platform, including our website, applications, and services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service. We reserve the right to refuse service to anyone for any reason at any time.

These Terms apply to all users of the Service, including companies, organizations, candidates, administrators, and visitors.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 16 years old to use this Service. By using the Service, you represent and warrant that you are at least 16 years of age. If you are under 16, you may not use the Service under any circumstances.

2.2 Account Creation

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the security and confidentiality of your password and account credentials
• Notify us immediately of any unauthorized use of your account or any other breach of security
• Accept all responsibility for all activities that occur under your account
• Not create an account using a false identity or information, or on behalf of someone other than yourself
• Not create more than one account (unless authorized by us)

You are solely responsible for any activity on your account, even if that activity is not by you or is without your knowledge or consent. We reserve the right to disable any account at any time, including if you have violated any provision of these Terms.

3. Description of Service

Assessly is a Software-as-a-Service (SaaS) platform that provides:

• Assessment Creation: Tools to create custom assessments with multiple question types including text, multiple choice, video, audio, code, and file upload questions
• AI-Powered Evaluation: Automated assessment evaluation using OpenAI gpt-5-mini to generate scores, feedback, and insights
• Public Assessment Links: Secure, shareable links for candidates to complete assessments
• Analytics and Reporting: Dashboards, reports, and data visualization for assessment results
• Multi-Company Management: Organization and role-based access control for team collaboration
• Email Notifications: Automated email confirmations and notifications
• Video/Audio Recording: Browser-based recording capabilities for multimedia responses

4. User Types and Roles

4.1 Company Users

Company users create and manage assessments. As a company user, you agree to:

• Use the Service only for lawful purposes in compliance with applicable employment and privacy laws
• Not discriminate against candidates based on protected characteristics
• Maintain appropriate data security for candidate information
• Comply with data protection regulations (GDPR, CCPA, etc.) when processing candidate data
• Delete candidate data when no longer needed for legitimate business purposes

4.2 Candidates

Candidates complete assessments through public links. As a candidate, you agree to:

• Provide truthful and accurate responses in your assessment submissions
• Complete assessments independently without unauthorized assistance or cheating
• Not share assessment passwords or content without authorization
• Understand that your responses will be shared with the company that created the assessment
• Consent to AI-powered evaluation of your responses

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others
• Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• Submit false, misleading, or fraudulent information
• Upload or transmit viruses, malware, or any other malicious code
• Collect or track personal information of others without consent
• Spam, phish, or send unsolicited messages
• Interfere with, disrupt, or create an undue burden on the Service or networks connected to the Service
• Attempt to bypass any security measures or access controls
• Use any automated system (including robots, scrapers, or spiders) to access the Service
• Reverse engineer, decompile, or disassemble any portion of the Service
• Remove or alter any copyright, trademark, or proprietary rights notices
• Create assessments that violate employment discrimination laws or privacy regulations
• Use the Service to evaluate individuals for purposes unrelated to employment, education, certification, or training

6. Assessment Submissions and Content

6.1 Candidate Submissions

When you submit an assessment through the Service:

• Your responses will be transmitted to and stored on our servers
• Your responses will be shared with the company that created the assessment
• Your responses may be evaluated using AI technology (OpenAI gpt-5-mini)
• Video and audio recordings become part of your submission and may be reviewed by the assessing company
• You grant the assessing company a non-exclusive, worldwide license to review, store, and use your responses for evaluation purposes
• You represent and warrant that all information provided is truthful, accurate, and your own work
• You retain ownership of your submission content, but grant necessary licenses for evaluation

6.2 Company Content

As a company user creating assessments:

• You retain all ownership rights to your assessment content
• You grant us a license to host, store, and display your content as necessary to provide the Service
• You represent that you have all necessary rights to the content you upload
• You are responsible for ensuring your assessments comply with applicable laws

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service and its original content (excluding user-generated content), features, and functionality are and will remain the exclusive property of Assessly and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our trademarks, logos, and service marks ("Marks") may not be used in connection with any product or service without our prior written consent. All other trademarks not owned by us that appear on the Service are the property of their respective owners.

7.2 User Content License

By uploading or submitting content to the Service, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, and display such content solely for the purpose of providing and improving the Service.

8. Payment Terms and Subscriptions

8.1 Pricing and Plans

We offer various subscription plans with different features and pricing. Current pricing is available at assessly.app/pricing. We reserve the right to modify our pricing at any time, with notice to existing subscribers.

8.2 Billing and Payment

• Subscription fees are charged in advance on a recurring basis (monthly or annually)
• Payments are processed securely through our third-party payment provider
• You authorize us to charge your payment method on a recurring basis
• You are responsible for providing current, complete, and accurate billing information
• Failed payments may result in service suspension or termination
• Additional submission credits or features may be charged separately

8.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings.

8.4 Refund Policy

We offer a 14-day money-back guarantee for new subscriptions. After 14 days, subscription fees are non-refundable except as required by law or at our sole discretion. If you cancel your subscription, you will retain access to paid features until the end of your current billing period.

8.5 Free Trial

We may offer a free trial period for new users. During the trial, you have access to certain features. If you do not cancel before the trial ends, you will be automatically charged for a paid subscription.

9. AI-Powered Evaluation and Automated Decision-Making

Our Service uses artificial intelligence (OpenAI gpt-5-mini) to evaluate assessment responses and generate scores, feedback, and insights. You acknowledge and agree that:

• AI evaluations are automated and may not be 100% accurate or free from bias
• AI-generated scores and feedback are advisory in nature and should not be the sole basis for decisions
• Final hiring, admission, or certification decisions should incorporate human judgment and consider multiple factors
• Your responses may be processed by third-party AI services (OpenAI) subject to their terms and policies
• We do not guarantee the accuracy, reliability, or fairness of AI-generated evaluations
• Companies using the Service remain responsible for ensuring their hiring or selection practices comply with applicable anti-discrimination laws
• Candidates have the right to request human review of AI-generated evaluations

10. Service Availability and Modifications

10.1 Service Availability

We strive to provide reliable and uninterrupted service, but we do not guarantee that:

• The Service will be available at all times or without interruption
• The Service will be error-free, secure, or free from viruses or other harmful components
• The results obtained from using the Service will be accurate or reliable
• Any errors in the Service will be corrected

We may perform scheduled maintenance that temporarily interrupts the Service. We will attempt to provide advance notice of scheduled maintenance when possible.

10.2 Modifications to Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

11. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection, use, and sharing practices.

By using the Service, you consent to the collection, use, and sharing of your information as described in our Privacy Policy, including the processing of your data by third-party service providers (Supabase, OpenAI, Resend).

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in your account settings
• Contacting us at support@assessly.app

Upon termination, your right to use the Service will immediately cease. If you have a paid subscription, it will remain active until the end of your current billing period, after which it will not renew.

12.2 Termination by Us

We reserve the right to terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms or our Acceptable Use Policy
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• At our sole discretion for any other reason

12.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and all associated data after a reasonable retention period
• Provisions of these Terms that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnity, and limitations of liability

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT OR AI-GENERATED EVALUATIONS
• WARRANTIES THAT ANY DEFECTS WILL BE CORRECTED

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASSESSLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE
• DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR DATA
• DAMAGES RESULTING FROM ANY AI-GENERATED EVALUATIONS OR DECISIONS BASED THEREON

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to defend, indemnify, and hold harmless Assessly and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Content you submit or upload to the Service
• Your assessments or hiring decisions based on AI-generated evaluations

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

16. Dispute Resolution and Arbitration

16.1 Informal Resolution

If you have any dispute with us, you agree to first contact us at legal@assessly.app and attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations for at least thirty (30) days.

16.2 Binding Arbitration

If we cannot resolve the dispute informally, any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration, rather than in court, except that:

• You may assert claims in small claims court if your claims qualify
• We may seek equitable relief in court to protect our intellectual property rights

The arbitration will be administered by a recognized arbitration organization under its applicable rules. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

16.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.

For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware.

18. Export Compliance

You may not use, export, or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. You represent that you are not on any U.S. government list of prohibited or restricted parties.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Assessly regarding the use of the Service, and supersede all prior agreements and understandings.

21. Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice or consent. Any attempt by you to assign or transfer these Terms without our consent shall be null and void.

22. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

23. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by:

• Posting the new Terms on this page and updating the "Last updated" date
• Sending you an email notification (for significant changes)
• Displaying a prominent notice on our Service

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

24. Contact Information

If you have any questions about these Terms, please contact us:

25. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.