Terms of Service
Please read these terms carefully before using AssessKit. By accessing or using our platform, you agree to be bound by these terms and our Privacy Policy.
1. Acceptance of Terms
These Terms of Service constitute a legally binding agreement between you and AssessKit regarding your use of the assessment builder platform. By using AssessKit, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are using AssessKit on behalf of an organization, you represent that you have authority to bind that entity to these Terms. If you do not agree, you must not use the platform.
2. Account Terms
Eligibility: You must be at least 18 years old and provide accurate information when creating an account.
Account Security: You are solely responsible for maintaining the security of your account credentials and all activity under your account. Immediately notify us at stephen@assesskit.com of any unauthorized use.
Institutional Accounts: Account owners are responsible for managing team member access, permissions, and ensuring all users comply with these Terms.
One Account: Each person or entity may maintain one account. Do not share account credentials.
3. Acceptable Use
Permitted Uses: AssessKit may be used for designing assessments, configuring assessment tasks, collecting participant data, collaborating with team members, and analyzing assessment results.
Prohibited Uses: You agree not to use AssessKit for:
- Illegal Activities: Violating any applicable laws or regulations
- Harmful Content: Creating assessments that cause physical or psychological harm, discriminate, or violate ethical standards
- Unauthorized Access: Attempting to breach security measures or access other users' data
- Service Interference: Disrupting the platform, servers, or other users' access
- Misrepresentation: Impersonating others or providing false information
- Reverse Engineering: Decompiling, disassembling, or attempting to extract source code
4. Compliance & Ethical Use
Compliance Requirements: You are responsible for ensuring your use of AssessKit complies with all applicable laws, regulations, and industry standards relevant to your domain (e.g., HIPAA for healthcare, FERPA for education, research ethics guidelines, etc.).
Participant Consent: You must ensure that all assessment participants provide appropriate consent according to applicable regulations (GDPR, CCPA, COPPA, etc.) and your organization's policies.
Data Controller Role: You are the data controller for all participant data collected through your assessments. AssessKit acts as a data processor, providing infrastructure to host and store your assessment data.
Ethical Standards: You agree to use AssessKit in accordance with ethical standards applicable to your profession and industry, ensuring assessments are fair, non-discriminatory, and appropriate for their intended use.
5. Intellectual Property
Your Content: You retain all ownership rights to assessments, participant data, responses, and any other content you create, upload, or store on AssessKit.
License to AssessKit: You grant us a limited, non-exclusive license to host, store, and process your content solely to provide our services. This license terminates when you delete content or close your account.
AssessKit Platform: The AssessKit platform software, design, features, and functionality are owned by us and protected by intellectual property laws.
Third-Party Components: Assessments may utilize open source frameworks and libraries, each governed by their respective licenses.
Feedback: If you provide feedback or suggestions about AssessKit, you grant us an unrestricted, perpetual right to use that feedback without compensation.
6. Payment & Billing
Pricing: Current pricing is available on our pricing page. We may change pricing with 30 days advance notice for existing customers.
Billing: Paid subscriptions are billed in advance on a monthly or annual basis via Stripe to your payment method on file.
Failed Payments: If payment fails, we may suspend or terminate your account after providing reasonable notice and opportunity to update payment information.
Taxes: All fees are exclusive of applicable taxes (sales tax, VAT, GST), which will be added as required by law.
Refunds: We offer a 14-day money-back guarantee for new annual subscriptions. Monthly subscriptions are non-refundable. Contact stephen@assesskit.com for refund requests.
7. Cancellation & Termination
Cancellation by You: You may cancel your subscription at any time through account settings. Cancellation takes effect at the end of your current billing period.
Termination by Us: We may suspend or terminate your account if you violate these Terms, engage in prohibited activities, your account is inactive for 12+ months, payment remains unpaid for 30+ days, or continued use poses legal or security risks.
Data Export: Upon termination, you have 30 days to export your data before it is permanently deleted.
8. Service Availability
The platform is provided "as is" and we do not guarantee specific uptime percentages or uninterrupted service. Scheduled maintenance windows may occur with advance notice when possible.
You are responsible for maintaining your own backups of critical assessment data by using our export features.
9. Warranties & Disclaimers
We warrant that the platform will function substantially as described in our documentation.
No Assessment Validity Warranty: We do not warrant that assessments created on AssessKit will produce specific outcomes, meet particular professional standards, or be suitable for any particular purpose. Assessment design, validity, and appropriateness for use are your responsibility.
DISCLAIMER: EXCEPT AS EXPRESSLY STATED, THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10. Limitation of Liability
NO CONSEQUENTIAL DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASSESSKIT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, ASSESSMENT RESULTS, OR GOODWILL.
Liability Cap: Our total liability for all claims shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) $100 USD.
Exceptions: These limitations do not apply to death or personal injury caused by our negligence, fraud, or where prohibited by applicable law.
11. Indemnification
You agree to indemnify and hold harmless AssessKit from any claims, damages, losses, and expenses (including reasonable attorney fees) arising from: your use of the platform, violation of these Terms, violation of third-party rights, your assessment activities, compliance violations, data protection violations, or violation of applicable laws.
12. Dispute Resolution
Governing Law: These Terms are governed by the laws of the jurisdiction where AssessKit is registered, without regard to conflict of law principles.
Informal Resolution: Before filing any legal action, you agree to attempt informal resolution by contacting stephen@assesskit.com.
Arbitration: If informal resolution fails, disputes may be resolved through binding arbitration, except injunctive relief may be sought in court.
13. General Provisions
Severability: If any provision of these Terms is found unenforceable, the remaining provisions continue in full effect.
Assignment: You may not assign or transfer these Terms without our written consent. We may assign these Terms to any affiliate or successor.
No Waiver: Our failure to enforce any provision does not waive our right to enforce it later.
Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and AssessKit.
14. Changes to Terms
We may modify these Terms at any time to reflect changes in our services, legal requirements, or business practices. We will notify you of material changes by email or through the platform at least 30 days before they take effect.
Your continued use of AssessKit after changes take effect constitutes acceptance of the updated Terms. If you disagree with changes, you must stop using the platform and cancel your account.
Contact
For questions about these Terms of Service, contact stephen@assesskit.com.