Terms of Service - TestByAI

1. Acceptance & Enterprise Scope

These Terms of Service ("Terms") govern access to and use of TestByAI software, APIs, and associated web properties ("the Service"). By accessing the Service, you ("Customer", "Recruiter", or "User") agree to be bound by these Terms.

If you are accepting on behalf of an enterprise, corporation, staffing agency, or business entity, you represent and warrant that you possess full authority to bind that entity.

2. One-Time Credit System & Payment Terms

A. Pay-As-You-Go Credit Model

TestByAI operates on a transparent, one-time credit consumption model. No recurring monthly subscriptions or hidden maintenance fees are applied.

1 Evaluation = 1 Credit: Evaluating one candidate resume against a job description consumes exactly 1 credit upon completed scoring.
No Expiration: Purchased credits remain active in your account balance indefinitely and do not expire.
Batch Limits: To maintain system throughput and response fidelity, scans are limited to a minimum of 2 and a maximum of 30 resumes simultaneously.

B. Refunds & Transactions

Credit pack purchases ($19, $49, $99 USD) are processed via Stripe Inc. Consumed credits are non-refundable once an AI ranking evaluation has been generated. Unused credits may be refunded within 14 days of purchase upon written request to contact.testbyai@gmail.com.

3. Responsible AI & Fair Hiring Compliance

TestByAI provides assistive screening algorithms designed to summarize and rank textual qualifications. To comply with federal, state, and international hiring laws (including EEOC guidelines, Title VII of the Civil Rights Act, the ADEA, and ADA):

Human-in-the-Loop: TestByAI rankings serve as an assistive triage aid. Ultimate employment, interviewing, and hiring determinations remain exclusively with human hiring authorities.
Prohibited Biases: Customers agree not to input job descriptions containing unlawful discriminatory requirements based on protected characteristics (race, gender, religion, age, sexual orientation, disability).
Applicant Consent: You affirm that you have obtained all necessary candidate permissions to review and process submitted resumes.

4. Intellectual Property & Data Ownership

Customer Data Ownership: The Customer retains sole ownership and title to all uploaded resumes, job specifications, recruiter notes, and exported ranking reports.
Platform Rights: TestByAI retains all proprietary rights, trademarks, algorithms, user interface designs, and intellectual property associated with the software.

5. Service Availability & Limitations of Liability

We strive for 99.9% uptime across all ranking services. However, TestByAI is provided on an "AS IS" and "AS AVAILABLE" basis.

To the maximum extent permitted by applicable law, TestByAI Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or candidate opportunities resulting from the use or inability to use the platform.

6. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any legal proceeding shall be resolved through binding commercial arbitration.

7. Contact Information

For corporate licensing, enterprise billing inquiries, or legal notifications, contact our team at: contact.testbyai@gmail.com.