Terms of Service

These Terms of Service (“Terms”) govern your use of the websites, assessments, courses, and related services operated by 40X (“40X”, “we”, “us”) at 40x.ai (together, the “Service”). By using the Service you agree to these Terms, to the Privacy Policy, and — if you take or administer an assessment — to the Data Use Agreement.

1. Acceptance & definitions

The “Service” includes the 40X website, the AI Proficiency Test (the “assessment”), benchmarking and certification features, courses, and employer tools. “You” means the person or organization using the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes it.

2. Account types

The Service distinguishes four ways of using it:

• Visitors — browsing the public site without an account.
• Job seekers — individuals who take the assessment for themselves. You see your own score and report.
• Invited employees— individuals who take the assessment through an employer's invitation. Your employer receives your result; you do not see a numeric score. This is disclosed before you start.
• Employer organizations — companies that invite their team and receive results, subject to Section 7 and the Data Use Agreement.

What each account type can see is described in the Privacy Policy and enforced by the Service itself.

3. Eligibility

You must be at least 16 years old (or the higher minimum age required where you live), able to form a binding contract, and not barred from using the Service under applicable law. Employer accounts must represent a real organization.

4. Accounts & security

You can sign in with Google, GitHub, an email and password, or a one-time email code. You are responsible for your credentials and for activity on your account. Tell us promptly at hello@40x.ai(subject “Security”) if you suspect unauthorized access.

5. Assessment integrity

The assessment measures how you actually work, so it records your screen, your webcam, and in-page activity while it runs — exactly what is recorded, and how it is protected, is set out in the Privacy Policy and the Data Use Agreement, and is disclosed again on the consent screen before anything starts.

During an assessment you agree not to:

• have someone else take it, in whole or part, or impersonate anyone;
• use assistance the task does not permit (the tasks state what tools you may use — many expressly involve AI tools);
• copy out, record, or share assessment content; or
• interfere with the recording or integrity signals.

We may withhold, void, or revoke a result obtained in violation of this section. Where an employer required the assessment, we may tell them the attempt was voided for an integrity reason; the underlying review evidence is handled per the Data Use Agreement.

6. Certifications & benchmarks

Scores are calibrated against rolling benchmarks that move as the field moves. Certifications are dated, non-transferable, and expire on the re-certification cadence chosen by you or your organization. We may improve the scoring methodology over time; we will not retroactively change an issued result without telling you. A 40X score is an assessment of demonstrated proficiency at a point in time — it is not a guarantee of job performance, employment, or any hiring outcome.

7. Employer use

Employer accounts receive per-employee results — name, work email, score, percentile, and identified skill gaps — onlyfor people who took the assessment through that organization's invitation. Employers also see organization and department aggregates. Employers never receive raw screen or webcam recordings.

As an employer you agree to:

• tell your team, before they take the assessment, that results are visible to organization admins;
• use results only for legitimate, lawful employment-related purposes, and comply with laws that govern automated or AI-assisted employment decisions in your jurisdiction (40X provides a measurement, not an employment decision); and
• enter into the Data Use Agreement (Part B).

8. Fees

Paid features are billed at the prices and terms displayed at the point of purchase or in your order form. Unless stated otherwise there, fees are exclusive of taxes, and subscription periods renew on their stated cadence until cancelled. Refund terms, where offered, are stated at purchase.

9. Acceptable use

You agree not to:

• scrape, crawl, or bulk-extract content or data from the Service;
• reverse-engineer the scoring rubrics or attempt to extract them;
• resell, sublicense, or misrepresent certifications or scores;
• upload malicious code or attempt to breach the Service's security;
• use the Service to violate anyone else's rights or applicable law.

10. Intellectual property

40X owns the Service, including the assessment tasks, rubrics, benchmarks, software, and brand. You own the work you submit during an assessment; you grant 40X a license to record, process, score, and store it as described in the Privacy Policy — including processing by the AI scoring systems we use — for the purpose of operating the Service. De-identified, aggregated statistics derived from assessments belong to 40X.

11. Disclaimers & limitation of liability

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that scores predict any particular outcome.

To the maximum extent permitted by law, 40X's total liability for all claims arising out of or relating to the Service is limited to the amounts you paid us in the twelve months before the claim arose (or US$100 if you paid nothing), and neither party is liable for indirect, incidental, special, consequential, or punitive damages. Nothing in these Terms limits liability that cannot be limited by law.

12. Governing law & disputes

These Terms are governed by the laws of the State of Delaware, USA, excluding its conflict-of-law rules. Before filing a claim, you agree to email hello@40x.ai(subject “Legal”) and give us 30 days to resolve it informally. Disputes that cannot be resolved informally will be brought in the state or federal courts located in Delaware, and both parties consent to their jurisdiction. Where enforceable, claims may only be brought individually, not as a class.

13. Termination

You can stop using the Service or delete your account at any time. We may suspend or terminate access for breach of these Terms, integrity violations, legal requirements, or discontinuation of the Service. What happens to your data on termination — including the deletion timelines for recordings and results — is described in the Privacy Policy and the Data Use Agreement. Sections that by their nature should survive (including 10–12) survive termination.

14. Changes to these Terms

We may update these Terms. For material changes we will notify you — by email or an in-product notice — before they take effect, and update the date at the top of this page. Continued use after the effective date constitutes acceptance.

Questions: hello@40x.ai(subject “Legal”).