Terms of Service

These Terms of Service (“Terms”) govern your use of the websites, assessments, courses, benchmarking, certification, employer dashboard, marketplace features, and related services operated by 40X LLC (“40X”, “we”, “us”, or “our”) at 40x.ai and related domains (together, the “Service”). By using the Service, you agree to these Terms, the Privacy Policy, and any additional terms that apply to your account, assessment, order form, or organization.

Please read Section 18 carefully. It requires most disputes to be resolved by binding individual arbitration and limits class, collective, and representative proceedings, subject to the opt-out and carve-outs described there.

1. Definitions

• “Assessment” means a 40X AI proficiency test, certification assessment, benchmarking exercise, course assessment, short shared-link assessment flow, no-login assessment flow, or related workflow.
• “Assessment Data” means data generated, submitted, or collected during or in connection with an Assessment. Depending on the Assessment mode, Assessment Data may include answers, submitted work, name, work email, shared-screen recording where enabled, assessment interactions, timing and progress data, technical metadata, limited integrity signals, link or session analytics, scoring inputs and outputs, Results, appeal records, and related audit logs.
• “Result” means an assessment output, such as a score, percentile, skill-gap report, completion status, integrity or capture-confidence status, certification status, marketplace eligibility, or similar output.
• “Employer” means an organization that invites or authorizes individuals to use the Service and receives Results through an employer dashboard, report, export, or similar feature.
• “Participant” means a job seeker, employee, candidate, contractor, or other individual who takes an Assessment.
• “Customer” means an Employer or other organization that purchases or administers the Service.

2. Account types

The Service supports several user roles:

• Visitors browse the public website.
• Job seekers may take Assessments for themselves and see their own Result.
• Invited employees, candidates, or contractors may take Assessments through an Employer invitation. Their Employer receives their Results through the Service. Invited participants are not shown a numeric score in-product by default unless the Employer enables that feature or applicable law requires access through a rights request process.
• Employer administrators may invite participants and view authorized Results, reports, aggregates, and exports through the employer dashboard.

Access and visibility may vary by account type, customer configuration, order form, jurisdiction, and applicable law.

3. Eligibility and geographic availability

Assessment, certification, and marketplace features are currently intended for individuals located in the United States, unless 40X expressly enables another jurisdiction in writing, in an order form, or through the Service.

Unless 40X expressly authorizes otherwise, you may not access or use Assessments, 40X-issued certification features, or 40X-operated marketplace features while located in the European Economic Area, the United Kingdom, Switzerland, or any other jurisdiction where those features are not enabled. 40X may use IP address, account information, customer configuration, self-attestation, and other reasonable signals to enforce geographic availability. You may not bypass or attempt to bypass geographic restrictions or access controls.

Assessment features are intended for individuals who are at least 18 years old. You may not take an Assessment if you are under 18 unless 40X has expressly approved a legally compliant exception in writing.

You must be able to enter into a binding agreement and must not be barred from using the Service under applicable law. Employer accounts must represent a real organization, and the person creating or administering an Employer account represents that they are authorized to act for that organization.

The public website is not directed to children. Do not provide personal information through the Service if you are not old enough to do so under the law that applies to you.

4. Accounts and security

You are responsible for keeping your account credentials confidential and for activity under your account. Notify us promptly at security@40x.ai if you suspect unauthorized access or misuse.

You may not share administrator credentials, bypass access controls, access another customer's workspace, or use the Service in a way that compromises security, confidentiality, or availability.

5. Assessment activity, recording, and integrity

40X Assessments are designed to measure demonstrated AI proficiency while a participant works through assessment tasks. 40X offers different Assessment modes. Some Assessments require an account, while others may be accessed through a shared link without creating an account. The Assessment start screen or consent screen will tell participants which collection mode applies.

Depending on the Assessment mode, the Service may collect information needed to administer, score, secure, and report the Assessment, such as answers, submitted work, timing and progress data, technical metadata, and limited integrity signals. Limited integrity signals may include page or tab changes, visible time per question, display or setup indicators, and, where enabled, copy-event signals. Copy-event signals do not include the contents of what was copied unless the participant enters or pastes that content into the Assessment.

Some Assessment modes may also collect link or session analytics, such as whether a shared link was opened, whether an Assessment was started, question progress, submission, and result-view events. These signals may be used to operate the Service, report progress to authorized administrators or recruiters, protect integrity, troubleshoot issues, and improve the assessment experience.

Some Assessment modes include shared-screen recording, but only if the start screen or consent screen says so. For Assessment modes that include shared-screen recording, the Service records the screen the participant chooses to share through browser or operating-system screen-sharing permissions. If a participant shares a full monitor or full screen, unrelated browser tabs, desktop windows, notifications, messages, files, applications, personal information, confidential information, or third-party information visible on that screen may be captured.

Before a required screen recording begins, participants are shown a pre-assessment notice and consent screen. Participants should close or hide unrelated content, disable notifications, and avoid displaying content they are not authorized to share. If a participant does not consent to a required recording, they cannot take that Assessment. If an Employer required the Assessment, the Employer may be told that the Assessment was not completed.

Participants may not:

• have someone else take an Assessment for them;
• impersonate another person;
• use assistance that the assessment instructions do not permit;
• copy, record, disclose, or distribute assessment content;
• interfere with recording, scoring, security, integrity, location, or access-control features;
• attempt to reverse-engineer assessment rubrics, prompts, benchmarks, or scoring logic.

40X may withhold, void, revoke, or decline to issue a Result if the Assessment was incomplete, compromised, inconsistent with these Terms or the assessment instructions, taken from an unsupported jurisdiction, or otherwise inconsistent with applicable integrity requirements. Capture-confidence or integrity findings should not be treated as a misconduct determination without appropriate review.

6. Sensitive assessment processing

40X does not ask for access to your webcam or microphone during Assessments. 40X does not use Assessment recordings or Assessment Data to identify you by your face, voice, body, eyes, or other biometric characteristics, and does not use them to infer emotions or affective state.

If 40X introduces a feature that intentionally processes biometric identifiers or similar sensitive physical identifiers, 40X will provide any legally required notices, consents, retention disclosures, and policy updates before that feature is used.

7. Automated processing and Results

Assessments are scored using automated systems, including artificial-intelligence models operated by 40X or service providers acting on 40X's behalf under contractual confidentiality, security, and data-protection obligations. Results are assessment outputs and should be interpreted in context.

For Employer-sponsored Assessments, 40X provides Results and related measurement tools. The Employer decides whether and how to use Results for its employment, hiring, promotion, training, compensation, retention, workforce-planning, or similar decisions, including any thresholds, weights, ranking rules, decision rules, or consequences attached to Results. 40X is not the Employer and does not make the Employer's employment decisions.

40X separately determines 40X-issued certification status and eligibility for 40X-operated marketplace features. Those feature determinations are not guarantees of employment, engagement, compensation, or any opportunity.

Where applicable law provides rights related to automated processing, access, explanation, correction, appeal, alternative processes, accommodations, opt-out, or human review, those rights may be exercised as described in the Privacy Policy, DPA, customer notice, or Human Review, Appeals, and Correction Policy. For 40X-issued certification status and 40X-operated marketplace eligibility or visibility decisions, 40X will provide direct access, correction, human-review, appeal, or opt-out mechanisms where required by applicable law or made available by 40X.

8. Certifications, benchmarks, and marketplace features

40X may offer dated certifications, score bands, benchmarks, marketplace eligibility, talent matching, or similar features. Benchmarks may evolve as more assessments are completed and as roles, tasks, rubrics, and market practices change.

40X may update scoring methods, rubrics, assessment content, benchmarks, and certification requirements over time. A Result reflects the assessment version and scoring context at the time it was generated. 40X does not guarantee that a score, certification, benchmark, marketplace profile, or match will result in employment, promotion, compensation, engagement, or other outcome.

Marketplace features, where offered, are subject to participant settings, eligibility criteria, customer configuration, geographic availability, and applicable law. Raw screen recordings are not displayed in marketplace profiles. Participants may withdraw from marketplace visibility and request review, correction, or appeal of marketplace eligibility or visibility decisions where required by applicable law or made available by 40X.

9. Employer use

Employers are responsible for deciding whether and how to use the Service and Results. Employers must use the Service only for lawful purposes and must comply with laws that apply to their use, including employment, labor, data-protection, accessibility, accommodation, anti-discrimination, consumer-protection, and automated-decision laws.

Unless 40X expressly authorizes otherwise in an order form or written addendum, Employers may invite only individuals located in the United States to take Assessments. Employers may not invite, upload, submit, or process Assessment Data for individuals located in the European Economic Area, the United Kingdom, Switzerland, or another unsupported jurisdiction, and may not use Results for roles, opportunities, employment decisions, workforce decisions, certification, or marketplace workflows in those jurisdictions.

Depending on how an Employer configures and uses Results, the Service may be subject to laws or rules relating to automated employment decision tools, automated decision-making technology, artificial-intelligence systems, employment selection procedures, bias audits, notices, human review, alternative selection processes, accommodations, validation, adverse-impact analysis, or record retention.

Employers are responsible for providing required notices, obtaining required consents or lawful bases, setting and documenting decision rules, providing accommodations and legally required alternatives, conducting or obtaining required audits or assessments, retaining employment records, and making final employment or personnel decisions. 40X may provide compliance-support materials, tool descriptions, documentation, data exports, and methodological information as described in the applicable DPA, order form, or compliance kit.

Employer use of the Service is subject to the 40X Data Use Agreement / Data Processing Addendum unless a separately signed agreement states otherwise.

10. Privacy and data protection

The Privacy Policy explains how 40X collects, uses, discloses, retains, and protects personal information. The Data Use Agreement / Data Processing Addendum governs customer-specific data-processing terms, including controller/processor or business/service-provider roles where applicable.

Employer administrators may access authorized Results, progress information, integrity indicators, reports, aggregates, and exports through the employer dashboard or other approved reporting features, depending on customer configuration. Employers do not receive raw screen recordings through standard dashboard features unless a separately authorized, lawful, and documented exception applies.

11. Accessibility and accommodations

40X aims to make the Service accessible and to support reasonable accommodations. Accommodation requests may be submitted through the process described in the Accessibility and Accommodations Policy. For Employer-sponsored Assessments, the Employer remains responsible for its own legal obligations to provide reasonable accommodations or alternative processes.

12. Fees, billing, and refunds

Fees and billing terms are stated at purchase, in-product, in an order form, or in a separate agreement. Unless stated otherwise, fees are exclusive of taxes and subscription periods renew automatically on their stated cadence until cancelled. Refund terms, where offered, are stated at purchase or in the applicable order form.

Nothing in these Terms limits non-waivable consumer rights that apply to you.

13. Acceptable use

You may not use the Service to:

• violate law or another person's rights;
• scrape, crawl, or bulk-extract data except as expressly permitted in writing;
• reverse-engineer or extract scoring rubrics, prompts, benchmarks, or assessment content;
• resell, sublicense, or misrepresent scores, certifications, or marketplace status;
• upload malware or compromise security;
• use Results for unlawful discrimination or retaliation;
• build, train, validate, or benchmark a competing assessment, scoring system, model, or service;
• bypass geographic-availability restrictions, location checks, access controls, or unsupported-jurisdiction blocks;
• interfere with the Service or another customer's use of the Service.

14. Intellectual property

40X owns the Service, including assessment tasks, rubrics, prompts, benchmarks, software, workflows, reports, templates, documentation, and brand assets. You retain ownership of content you submit, subject to the rights granted below.

You grant 40X a worldwide, non-exclusive, royalty-free license to host, collect, record where enabled, store, process, transmit, display, analyze, score, secure, and otherwise use Assessment Data and submitted content as necessary to provide, maintain, secure, support, and improve the Service, subject to the Privacy Policy, the DPA, and any applicable order form.

40X may use aggregated or de-identified data to maintain benchmarks, validate scoring, monitor quality, secure the Service, and improve the Service, subject to the Privacy Policy, DPA, and applicable law.

15. Disclaimers

The Service is provided “as is” and “as available” to the maximum extent permitted by law. 40X does not warrant that the Service will be uninterrupted, error-free, secure against all threats, or that Results will predict any particular job, business, training, or personnel outcome.

16. Limitation of liability

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 paid to 40X for the Service in the twelve months before the claim arose, or US$100 if no amounts were paid. To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenues, lost opportunities, or loss of data.

These limits do not apply to liability that cannot be excluded or limited by law, indemnification obligations, misuse of the other party's intellectual property, or fraud, willful misconduct, or gross negligence.

17. Indemnification

If you are an Employer or organization, you will defend, indemnify, and hold harmless 40X and its affiliates, officers, employees, and agents from third-party claims and resulting losses arising from: your employment, hiring, promotion, retention, compensation, workforce, or similar decisions; your failure to provide required notices, obtain required consents or lawful bases, provide accommodations, conduct required audits or assessments, retain required records, or comply with applicable law; your invitation of participants located in unsupported jurisdictions; your misuse of Results; or your breach of these Terms or the DPA.

40X will defend and indemnify you from third-party claims alleging that the Service, as provided by 40X and used as permitted, infringes that third party's intellectual-property rights, except to the extent the claim arises from your content, your misuse, your modification, or your combination of the Service with other products or services.

18. Dispute resolution

Before starting a formal proceeding, you agree to contact legal@40x.ai and give the parties 30 days to try to resolve the dispute informally.

Except for the carve-outs below, disputes arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules before a single arbitrator. The arbitration will be seated in Delaware unless applicable law gives a consumer the right to choose a different venue or remote proceeding.

Claims may be brought only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. If 25 or more similar arbitration demands are filed by or with the assistance of the same or coordinated counsel, the demands may be administered in staged batches under applicable AAA mass-arbitration procedures.

Either party may bring a qualifying claim in small-claims court or seek injunctive or equitable relief in court to protect intellectual property, confidentiality, security, or unauthorized access.

You may opt out of arbitration and the class-action waiver by emailing legal@40x.ai with the subject “Arbitration Opt-Out” within 30 days after first accepting these Terms.

19. Governing law

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules, except that mandatory consumer-protection laws of your place of residence continue to apply where they cannot be waived.

20. Termination and deletion

You may stop using the Service at any time. 40X may suspend or terminate access for breach of these Terms, legal requirements, nonpayment, security risks, integrity issues, unsupported-jurisdiction access, or discontinuation of the Service.

Data deletion and retention are handled as described in the Privacy Policy, Data Retention and Deletion Policy, DPA, order form, and applicable law.

21. Changes

40X may update these Terms. For material changes, 40X will provide notice by email, in-product notice, website notice, or another reasonable method before the change takes effect where required by law. Continued use after the effective date means you accept the updated Terms.

22. General

These Terms, the Privacy Policy, the DPA, any order form, and any additional terms that apply to your account are the entire agreement between you and 40X for the Service. If any provision is unenforceable, it will be modified or severed to the minimum extent necessary, and the rest will remain in effect. You may not assign these Terms without 40X's consent. 40X may assign these Terms to an affiliate or in connection with a merger, acquisition, financing, reorganization, or sale of assets. Neither party is liable for delay or failure caused by events beyond reasonable control.

23. Contact

40X LLC
3400 Cottage Way, Ste G2 #35834, Sacramento, California 95825, United States

• Legal: legal@40x.ai
• Privacy: privacy@40x.ai
• Security: security@40x.ai
• Accessibility: accessibility@40x.ai