Terms of Use

These Terms of Use ("Terms") govern access to and use of the SkillCort platform ("Service") provided by SkillCort LLC, 7901 4th St N, Ste 300, St. Petersburg, FL 33702, USA ("SkillCort", "we"). By creating an account, signing an Order Form, or using the Service, the customer organization ("Customer") agrees to these Terms.

1. The Service

SkillCort is a skills-assessment platform: Customers author and run assessments; candidates invited by a Customer complete them; results, evidence, and optional integrity (proctoring) signals are returned to the Customer for human review. Candidates are not parties to these Terms; their use is governed by the assessment invitation, the candidate privacy notice, and any consent the Customer's configuration requires.

2. Accounts and eligibility

Customers must provide accurate registration information, keep credentials confidential, and are responsible for all activity under their accounts. The Service is offered to organizations, not consumers; the person accepting these Terms represents that they are authorized to bind the Customer.

3. Fees and payment

Fees, billing periods, and usage limits are set in the applicable Order Form or pricing plan. Except where required by law or expressly stated, fees are non-refundable. We may suspend the Service for accounts more than 30 days past due, after notice.

4. Customer Data

Customer Data belongs to the Customer — all content submitted to the Service by or for the Customer, including assessment content, candidate responses, scores, evaluator notes, decisions, and proctoring media. The Customer grants SkillCort a limited license to process Customer Data solely to provide and secure the Service, as instructed by the Customer and described in the Data Processing Addendum (DPA). We do not use Customer Data to train machine-learning models, and we contractually require the same of our AI subprocessors. The DPA is incorporated into these Terms for all processing of personal data within Customer Data; the Privacy Policy governs data for which SkillCort is the controller.

5. Customer responsibilities

• Provide candidates with legally required notices and, where required, obtain valid consent before an assessment starts (the platform supplies configurable templates).
• Configure proctoring proportionately to the stakes of each assessment and only where a lawful basis exists.
• Treat integrity signals as review signals, not proof of misconduct — a signal alone must never be the sole basis for an adverse decision.
• Ensure a human being makes every final decision about a candidate; the Service is designed so outcomes cannot be finalized without a human actor, and the Customer shall not attempt to circumvent this.
• Comply with employment, anti-discrimination, and data-protection laws; do not use the Service to discriminate unlawfully.
• Do not invite candidates younger than 16 (or the higher minimum age in the candidate's jurisdiction) without a verified legal basis.
• Do not design assessments to solicit special-category data (health, religion, political opinion, and similar) without an independent legal basis and written notice to SkillCort.

6. Prohibited uses

• Inferring candidates' emotions, personality traits, or truthfulness from assessment or proctoring data.
• Using proctoring media for biometric identification beyond the disclosed one-to-one identity-verification feature.
• Reverse engineering, scanning, or probing the Service outside an agreed security assessment; uploading malware or infringing content.
• Reselling or white-labeling without a written agreement; building a competing product.

7. AI features and proctoring

Parts of the Service use AI (assessment drafting, AI-assisted review of responses and proctoring evidence, live AI interviews with a synthetic avatar). AI outputs are assistive: they may be inaccurate and are always subject to human review before any decision. Candidates are informed before their first AI interaction and, where configured, may opt out or request an alternative. The avatar is synthetic and presented as software, not a person. SkillCort does not offer, and the Customer may not configure, fully automated final decisions about candidates. Proctoring is optional per assessment and captures only what the Customer enables; retention of proctoring media is configurable per organization (platform default 90 days) and enforced automatically.

8. Intellectual property, third parties, security, confidentiality

SkillCort retains all rights in the Service, its software, and its documentation; SkillCort-supplied assessment templates may be used within the Service only. The Service relies on subprocessors listed in the DPA; content embedded by the Customer may be served by third parties under their own terms. SkillCort maintains the technical and organizational measures described in the DPA and trust documentation. Each party protects the other's non-public information with at least reasonable care, for 5 years after termination (trade secrets: as long as they remain trade secrets).

9. Suspension

We may suspend access immediately where necessary to protect the Service, other customers, or candidates (security incident, unlawful use, non-payment after notice), restoring access when the cause is resolved.

10. Term, termination, and exit

Either party may terminate for material breach uncured within 30 days of notice, or as set out in the Order Form. Upon termination or expiry: the Customer has a 30-day window to export Customer Data; after the window, Customer Data is deleted from active systems and residual backup copies are overwritten within the regular 90-day backup cycle; operational logs are handled separately under the retention schedule in the Privacy Policy. This schedule is enforced by an automated daily job.

11. Warranties and disclaimer

SkillCort warrants that the Service will perform materially as described in the documentation. Except as expressly stated, the Service is provided "as is"; SkillCort disclaims implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Assessment outcomes' suitability for any hiring or certification decision is the Customer's responsibility.

12. Limitation of liability

Neither party is liable for indirect, incidental, special, or consequential damages, or lost profits. Each party's aggregate liability is capped at the fees paid or payable by the Customer in the 12 months preceding the event; for breaches of confidentiality, IP, or the DPA the cap is twice that amount. Nothing limits liability for willful misconduct, fraud, or amounts that cannot be limited by law.

13. Indemnification

SkillCort will defend the Customer against third-party claims that the Service infringes IP rights; the Customer will defend SkillCort against claims arising from Customer Data or the Customer's unlawful use of the Service (including unlawful proctoring configuration or discriminatory use) — in each case subject to prompt notice, control of the defense, and reasonable cooperation.

14. Governing law and venue

These Terms are governed by the laws of the State of Florida, USA, excluding its conflict-of-law rules; exclusive venue is the state and federal courts in Pinellas County, Florida. For enterprise customers in the EU/UK/Türkiye, governing law and venue may be negotiated in the Order Form.

15. Order of precedence and changes

Order Form → DPA → these Terms → documentation; the DPA prevails for personal-data processing. We may update these Terms with at least 30 days' notice for material changes (e-mail to account owners + in-product notice); a Customer that objects may terminate before the change takes effect and receive a pro-rata refund of prepaid, unused fees.

16. Contact

SkillCort LLC — 7901 4th St N, Ste 300, St. Petersburg, FL 33702, USA · privacy@skillcort.com