Terms of Service

1. Acceptance of Terms

By accessing or using SwitchAssess ("Platform", "Service", "we", "us", or "our"), you ("User", "you", or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS PLATFORM. Your continued use constitutes acceptance of these Terms and any modifications.

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or in-platform notification. Changes are effective upon posting.

2. About SwitchAssess

SwitchAssess is an AI-powered hiring intelligence and skills assessment platform operated by REWORK Digital. We help employers make confident, data-informed hiring decisions through explainable AI assessments that evaluate candidates on skills, behavior, and role fit.

SwitchAssess provides assessment tools and AI-generated hiring recommendations. We are NOT:

• An employment agency, recruiter, or staffing firm
• A guarantor of hiring outcomes or candidate quality
• Responsible for final hiring decisions made by employers
• A party to any employment relationship between employers and candidates

3. Account Eligibility & Registration

3.1 Eligibility

Employer accounts require that you are at least 18 years old, legally authorized to represent your organization, and capable of entering into binding contracts. Candidate accounts are created through employer invitation.

3.2 Account Types

SwitchAssess offers employer accounts (for organizations conducting assessments) and candidate access (for individuals taking assessments). Employers manage candidate invitations and assessment configurations.

3.3 Account Responsibilities

You are responsible for:

• Maintaining the security of your account credentials
• All activities that occur under your account
• Ensuring assessment invitations are sent only to authorized candidates
• Complying with employment laws when using assessment results for hiring decisions
• Notifying us immediately of any unauthorized access

4. Employer Terms

As an employer using SwitchAssess, you agree to:

• Use assessment results as one factor in hiring decisions, not as the sole determinant
• Comply with all applicable employment and anti-discrimination laws when using our platform
• Inform candidates that AI-powered assessments will be part of the evaluation process
• Not use assessment data for purposes other than evaluating candidates for roles within your organization
• Maintain confidentiality of assessment content, questions, and methodologies
• Not share candidate assessment data with unauthorized third parties

5. Candidate Terms

As a candidate taking assessments, you agree to:

• Complete assessments honestly and to the best of your ability
• Not use unauthorized aids, tools, or third-party assistance during assessments
• Not share, copy, screenshot, or distribute assessment questions or content
• Complete assessments within the allotted time frame
• Acknowledge that your assessment results will be shared with the inviting employer

Assessment integrity is monitored. Suspected cheating or dishonesty may result in assessment invalidation and notification to the employer.

6. Subscriptions & Payments

• Employer subscriptions are billed on a recurring basis at the applicable rate
• Assessment credits or usage limits apply based on your subscription tier
• All fees are non-refundable except as required by applicable law
• We may change pricing with 30 days' advance notice
• You may cancel your subscription at any time; access continues until the end of the billing period

Payment processing is handled by Stripe. By using payment features, you also agree to Stripe's terms of service.

7. AI-Powered Assessments

Our platform uses AI to generate assessments, score responses, and produce hiring intelligence reports. You acknowledge that:

• AI-generated scores and recommendations are decision-support tools, not final hiring decisions
• Assessment results reflect performance on specific evaluation criteria and may not capture all aspects of a candidate's qualifications
• We strive for fairness and bias mitigation but cannot guarantee assessments are free from all forms of bias
• Employers bear responsibility for ensuring hiring practices comply with applicable laws
• AI features may be updated or modified as we improve our assessment models

8. Intellectual Property & Content

8.1 Platform IP

The SwitchAssess platform, including assessment methodologies, AI models, scoring algorithms, question banks, design, and branding, is owned by REWORK Digital. You may not copy, modify, reverse engineer, or create derivative works from any part of the platform.

8.2 Assessment Data

Employers have access to assessment results and reports for candidates they have invited. Assessment questions and methodologies remain the intellectual property of SwitchAssess.

8.3 Aggregated Data

We retain the right to use anonymized, aggregated assessment data to improve our AI models, establish benchmarks, and enhance our platform. This data cannot be used to identify individual candidates or employers.

9. Acceptable Use

You agree not to:

• Use the platform for any unlawful or discriminatory purpose
• Use assessment results to discriminate against candidates on the basis of protected characteristics
• Attempt to reverse engineer assessment algorithms or extract question banks
• Share assessment content, questions, or methodologies externally
• Use automated tools, bots, or scrapers on the platform
• Interfere with or disrupt the platform or its infrastructure
• Misrepresent assessment results or manipulate scores
• Circumvent subscription limits or access controls

10. Account Suspension & Termination

We reserve the right to suspend or terminate any account for violations of these Terms, suspected fraud, or any other reason at our discretion. Upon termination:

• Employer access to the platform and assessment data will cease
• No refund will be issued for the remaining subscription period unless required by law
• Employers may request export of their assessment data within 30 days of termination
• Outstanding obligations survive termination

11. Disclaimers & Limitation of Liability

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE UNINTERRUPTED ACCESS, ERROR-FREE OPERATION, OR SPECIFIC HIRING OUTCOMES.

SWITCHASSESS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, OR PERFORMANCE OF ANY CANDIDATE. ASSESSMENT RESULTS ARE EVALUATION TOOLS AND NOT GUARANTEES OF CANDIDATE CAPABILITIES OR FUTURE JOB PERFORMANCE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWITCHASSESS AND REWORK DIGITAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM.

Our total liability for any claim shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

12. Governing Law & Disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada. Any disputes shall be resolved through binding arbitration in Ontario, Canada, except where prohibited by law.

You agree to attempt informal resolution by contacting us before initiating formal proceedings. You waive the right to participate in class action lawsuits or class-wide arbitration.

13. Contact Information

For questions about these Terms: