Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and SkillFoundry Inc. ("SkillFoundry," "we," "us," or "our") concerning your access to and use of the SkillFoundry platform and services (the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

2. Account Registration

2.1 Account Creation

To use certain features of our Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Immediately notify us if you discover any unauthorized use of your account
• Be responsible for all activities that occur under your account

2.2 Age Requirements

You must be at least 18 years old to use our Service. By using our Service, you represent and warrant that you meet this age requirement.

2.3 Account Types

We offer different account types with varying features and permissions:

• Candidate Accounts: For individuals taking technical assessments
• Interviewer Accounts: For creating and managing assessments
• Organization Admin Accounts: For managing organizational settings and users
• Platform Admin Accounts: For platform-wide administration

3. Use of Service

3.1 Permitted Use

You may use our Service only for lawful purposes and in accordance with these Terms. You agree to use the Service only for:

• Technical skill assessment and evaluation
• Creating and managing coding challenges
• Reviewing and evaluating candidate submissions
• Other purposes explicitly permitted by SkillFoundry

3.2 Prohibited Use

You agree NOT to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit any harmful, offensive, or illegal content
• Attempt to gain unauthorized access to any portion of the Service
• Interfere with or disrupt the Service or servers
• Use automated systems or software to extract data from the Service
• Impersonate another person or entity
• Sell, rent, or sublicense your access to the Service
• Use the Service for any form of academic dishonesty
• Share assessment questions or answers with unauthorized parties

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of SkillFoundry and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written consent.

4.2 User Content

When you submit content to our Service (including code, assessments, and other materials), you:

• Retain ownership of your intellectual property rights in such content
• Grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content in connection with operating and improving the Service
• Represent and warrant that you have all necessary rights to grant this license
• Agree that your content does not violate any third-party rights

4.3 Feedback

Any feedback, suggestions, or ideas you provide about our Service becomes our property and may be used without compensation to you.

5. Payment Terms

5.1 Subscription Plans

Access to certain features of the Service requires a paid subscription. By subscribing, you agree to:

• Pay all applicable fees as described in your subscription plan
• Provide accurate payment information
• Promptly update payment information if it changes
• Pay any applicable taxes

5.2 Billing

Subscriptions are billed in advance on a recurring basis (monthly or annually). Your subscription will automatically renew unless canceled at least 24 hours before the end of the current billing period.

5.3 Refunds

Subscription fees are non-refundable except where required by law. We do not provide refunds or credits for partial subscription periods.

5.4 Price Changes

We reserve the right to modify our pricing. We will provide at least 30 days' notice of any price increases. Your continued use of the Service after the price change constitutes acceptance of the new price.

6. Privacy and Data Protection

Your use of our Service is also governed by our Privacy Policy. By using the Service, you consent to our collection, use, and disclosure of information as described in our Privacy Policy.

We take data security seriously and implement industry-standard measures to protect your information. However, no method of transmission over the Internet is 100% secure, and we cannot guarantee absolute security.

7. Code of Conduct

7.1 Assessment Integrity

Users taking assessments agree to:

• Complete assessments independently unless otherwise specified
• Not share assessment questions or answers
• Use only permitted resources during assessments
• Respect any AI usage policies set by the organization
• Report any technical issues promptly

7.2 Professional Conduct

All users agree to maintain professional conduct and treat others with respect. Harassment, discrimination, or abusive behavior of any kind will not be tolerated.

8. Disclaimers

8.1 Service Availability

We strive to maintain high availability of our Service but do not guarantee uninterrupted access. The Service is provided "as is" and "as available" without any warranties of any kind.

8.2 Assessment Results

While we provide tools for technical assessment, we do not guarantee the accuracy or reliability of assessment results. Hiring decisions should not be based solely on our assessment results.

8.3 Third-Party Services

Our Service may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third-party sites or services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKILLFOUNDRY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL SKILLFOUNDRY'S AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY YOU TO SKILLFOUNDRY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to defend, indemnify, and hold harmless SkillFoundry and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Service.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us at support@skillfoundry.com. Termination does not entitle you to any refunds unless required by law.

11.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms.

11.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive termination.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Effective Date." Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

13. Governing Law and Dispute Resolution

13.1 Governing Law

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

13.2 Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

13.3 Class Action Waiver

You agree that any disputes will be resolved individually and not as part of a class action or representative proceeding.

14. General Provisions

14.1 Entire Agreement

These Terms constitute the entire agreement between you and SkillFoundry regarding the use of the Service.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be valid and enforceable.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights under these Terms without your consent.

15. Contact Information

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