Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of Assessing AI, the AI-powered assessment platform available at assessing.ai and associated subdomains ("the Service"). By accessing or using the Service — whether by creating an account, taking an assessment, or simply browsing the platform — you agree to be bound by these Terms.

If you are using the Service on behalf of an organization (a company, school, nonprofit, or other entity), you represent that you have authority to bind that organization to these Terms, and the references to "you" in these Terms apply to both you personally and to that organization.

If you do not agree to these Terms, do not use the Service. We reserve the right to update these Terms from time to time. Continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

2. Description of Service

Assessing AI is a software-as-a-service platform that enables users to create, distribute, and analyze assessments — including quizzes, skills tests, compliance assessments, certification exams, and similar instruments. The platform supports multiple question types: single choice, multiple choice, typed answers, and recorded audio/video responses.

The Service includes AI-powered features such as automated question generation, automated grading of written responses, and analytics. These AI features are provided on a best-effort basis — they are tools to assist human decision-making, not replacements for professional judgment. You are responsible for reviewing AI-generated content and AI-generated scores before acting on them.

We reserve the right to modify, improve, or discontinue features of the Service at any time. We will make reasonable efforts to notify subscribers of material changes to functionality, but we cannot guarantee uninterrupted availability of any specific feature.

3. Account Registration and Responsibilities

Creating an account

To create assessments and access the full platform, you must register for an account by providing a valid email address and setting a password. You must verify your email address before you can use certain features. You must be at least 18 years old to create an account.

Account security

You are responsible for maintaining the security of your account credentials. Do not share your password with anyone. Do not use the same password across multiple services. If you believe your account has been compromised, notify us immediately at [email protected] and change your password. We are not liable for any loss or damage resulting from unauthorized access to your account due to your failure to secure your credentials.

Accurate information

You agree to provide accurate, complete, and current information when registering and to keep your account information updated. Accounts created with false information may be suspended or terminated.

One account per person

Each individual should maintain one account. Creating multiple accounts to circumvent usage limits, free trial restrictions, or account bans is prohibited and will result in all associated accounts being terminated.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in ways that do not infringe the rights of others or restrict or inhibit their use of the Service. Specifically, you must not:

• Create or distribute assessments designed to deceive, harass, discriminate, or harm respondents
• Use the Service to collect data in ways that violate applicable privacy law, including collecting sensitive personal data without proper notice and consent
• Use the Service to create assessments that violate employment discrimination laws — for example, questions that screen candidates based on age, race, gender, religion, disability, or other protected characteristics in jurisdictions where such screening is prohibited
• Attempt to access or probe our systems, databases, or other accounts in ways that are not authorized
• Upload malicious code, scripts, or files to the platform
• Reverse engineer, decompile, or attempt to extract source code from the platform
• Resell, sublicense, or white-label the Service without a written agreement with us
• Use automated bots or scripts to artificially generate assessment responses
• Share your account access with people who are not authorized users of your subscription

We reserve the right to investigate suspected violations of these terms and to suspend or terminate accounts that we determine, in our sole discretion, are in violation.

5. Respondent Data and Your Responsibilities

When you create an assessment and distribute it to respondents — candidates, students, employees, or anyone else — you become a data controller for the personal data those respondents provide. You are responsible for:

• Having a lawful basis to collect data from respondents (consent, legitimate interest, contractual necessity, or legal obligation as applicable)
• Informing respondents about how their data will be used, stored, and shared, in accordance with applicable privacy law
• Obtaining any required consents, including parental consent for respondents under the age of 18 (or under 13 in the United States)
• Not using assessment results in ways that are discriminatory or violate applicable employment, education, or anti-discrimination law
• Deleting respondent data when you no longer have a lawful basis to retain it

Assessing AI processes respondent data on your behalf as a data processor. Our relationship with respondent data is governed by our Privacy Policy and any applicable data processing agreements. By using the Service to collect respondent data, you represent that you have complied with all applicable legal requirements to do so.

6. Payment Terms

Subscription pricing

Assessing AI offers free access with usage limits and paid subscription tiers. Paid plans are billed monthly or annually at the rates displayed on our pricing page at the time of subscription. All prices are in US dollars.

Billing cycle and renewal

Paid subscriptions renew automatically at the end of each billing period (monthly or annual). You will be charged at the beginning of each renewal period using the payment method on file. We will send a receipt to your account email address for each charge.

Annual plans

Annual subscriptions are billed as a single upfront payment for 12 months of access. Annual plans are offered at a discount compared to monthly billing. The discount amount is displayed on the pricing page.

Upgrades and downgrades

You can upgrade your subscription at any time. The price difference for the remainder of your billing period will be charged immediately. Downgrades take effect at the end of the current billing period — you retain access to the higher tier until then.

Payment processing

All payments are processed by Stripe. By subscribing, you authorize Stripe to charge your payment method on a recurring basis. Your payment information is stored by Stripe and governed by Stripe's terms and privacy policy — Assessing AI does not store your full card details.

7. Refund Policy

We offer a 7-day refund for new subscriptions. If you subscribe to a paid plan and find it does not meet your needs, contact us at [email protected] within 7 days of your initial subscription payment and we will issue a full refund, no questions asked.

After the 7-day window, subscription payments are non-refundable. Partial refunds for unused portions of a billing period are not issued when you cancel or downgrade. When you cancel, your access continues until the end of the current paid period.

Annual subscriptions are eligible for the 7-day refund window only. After 7 days, annual subscriptions are non-refundable — they may be cancelled to prevent further renewal but no refund is issued for the remaining months.

8. Intellectual Property

Our intellectual property

The Assessing AI platform — including its code, design, interface, algorithms, AI models, and all underlying technology — is owned by us and protected by copyright, trade secret, and other applicable intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service as described in these Terms. No other rights are granted.

Your content

You retain ownership of the content you create using the Service — your assessment questions, rubrics, branding, and any other content you upload or create. By using the Service, you grant us a limited license to store, process, and display your content as necessary to provide the Service to you. We do not claim ownership of your content and will not use it for purposes beyond operating and improving the Service.

Respondent content

Answers, recordings, and other responses submitted by respondents to your assessments belong to the respondent who submitted them. Your license to use that content is governed by your agreement with those respondents (your terms, consent forms, or applicable law).

Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use that feedback without compensation or attribution. We appreciate hearing from our users, and your input may directly influence how the product evolves.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Assessing AI and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or any other commercial damages or losses, arising from your use of or inability to use the Service.

Our total liability to you for any claim arising out of or related to these Terms or the Service will not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim or (b) one hundred US dollars ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In those jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be error-free, uninterrupted, or free of security vulnerabilities. AI-generated content — including AI-generated questions and AI-generated scores — is provided without warranty of accuracy, completeness, or fitness for any particular evaluation purpose. You are responsible for reviewing AI outputs before using them to make decisions about people.

11. Termination

Cancellation by you

You can cancel your subscription at any time from your account settings or by contacting us at [email protected]. Cancellation stops future billing. Access to paid features continues until the end of the current billing period.

Termination by us

We reserve the right to suspend or terminate your account at any time if you violate these Terms, if required by law, if we determine your use poses a risk to other users or to the platform, or if your account has been inactive for more than 24 months. We will make reasonable efforts to notify you before termination, except in cases of serious violations where immediate action is required.

Effect of termination

Upon termination, your access to the Service ends. Data associated with your account is retained for 90 days and then scheduled for deletion, except where retention is required by law. You may request an export of your data before or during that 90-day window by contacting us.

12. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws applicable to the jurisdiction in which Assessing AI operates, without regard to conflict of law principles. Any dispute arising out of or in connection with these Terms that cannot be resolved informally shall be submitted to binding arbitration, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

Before initiating any formal dispute process, we ask that you contact us first at [email protected] to give us a chance to resolve the issue directly. We are a small team and take every concern seriously.

13. General Provisions

Entire agreement. These Terms, together with our Privacy Policy and any subscription order or additional agreements you may enter into with us, constitute the entire agreement between you and Assessing AI regarding the Service.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

No waiver. Failure by either party to enforce any provision of these Terms does not constitute a waiver of the right to enforce that provision in the future.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations under these Terms, for example in connection with a merger, acquisition, or sale of assets, with notice to you.

14. Contact

Questions about these Terms? We are happy to explain anything in plain language.

Email: [email protected]

We aim to respond to all inquiries within 2 business days.