AI Dev Assess - Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the AI Dev Assess service ("Service") provided by PAVEL OSADCHUK PE ("we", "us", "our") doing business as XAKPC Dev Labs. By accessing or using AI Dev Assess, you agree to be bound by these Terms of Service. If you disagree with any part of the terms, you may not access the service.

2. Description of Service

AI Dev Assess provides an AI-powered assessment matrix generator to help HR professionals and technical interviewers assess candidates' technical skills with automatically generated role-specific questions and proficiency levels. The service is provided "as is" and "as available" basis.

3. Use of AI Technology

Our service utilizes artificial intelligence to generate content. While we strive for accuracy, we cannot guarantee the perfection or appropriateness of AI-generated content for all situations. Users are responsible for reviewing and validating all generated content before use. Specific limitations of our AI technology include:

• Potential biases in generated questions or proficiency levels
• Inability to account for all possible job-specific nuances
• Potential generation of outdated technical information

Users acknowledge these limitations and agree to use the service with appropriate discretion.

4. Limitation of Liability

To the fullest extent permitted by applicable law, AI Dev Assess and XAKPC Dev Labs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

1. Your use or inability to use the service;
2. Any unauthorized access to or use of our servers and/or any personal information stored therein;
3. Any errors, mistakes, or inaccuracies in the AI-generated content;
4. Any decision made or action taken by you in reliance on the AI-generated content.

5. Payment, Refunds, and Paddle as Merchant of Record

5.1 Payment Processing: All payments for AI Dev Assess are processed through Paddle.com, which acts as the Merchant of Record for all our transactions. By making a payment, you agree to be bound by Paddle's Terms of Service, available at https://www.paddle.com/legal/terms.

5.2 Merchant of Record: Paddle.com is the Merchant of Record for all our transactions. This means that Paddle is responsible for:

• Processing payments
• Handling refunds and chargebacks
• Collecting and remitting sales taxes where applicable
• Providing customer support for payment-related issues

5.3 Refund Policy: All payments made to AI Dev Assess are non-refundable. We do not offer refunds under any circumstances. By making a payment, you acknowledge and agree to this no-refund policy. Any refund requests or disputes must be directed to Paddle.com, as they are the Merchant of Record.

5.4 Taxes: Paddle.com is responsible for collecting and remitting applicable taxes for all transactions. The displayed prices for our services may or may not include taxes, depending on your location and applicable laws. Any taxes applied will be clearly shown at checkout.

5.5 Currency: All prices are in US Dollars unless otherwise specified. Currency conversion, if applicable, will be handled by Paddle.com at the time of purchase.

5.6 Payment Information: AI Dev Assess does not store your payment information. All payment data is securely handled and stored by Paddle.com in compliance with PCI-DSS requirements.

6. Free Re-Creations and Service Credits

Users are entitled to up to three (3) free re-creations of their assesment matrix per an order. After the third re-creation, additional charges will apply at the rate specified in our current pricing structure.

In the event of service unavailability exceeding 4 consecutive hours, users will be credited with one additional free re-creation per incident, up to a maximum of 5 additional re-creations per month.

7. Data Privacy, Storage, and Retention

AI Dev Assess is committed to protecting your privacy and handling your data in an open and transparent manner. We adhere to all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

We will store user data and generated content for a maximum period of 5 years, or until the user requests deletion of their data, whichever comes first. Users can request data deletion by contacting our support team.

For detailed information on how we collect, use, and protect your data, please refer to our Privacy Policy.

8. Intellectual Property

All content generated through AI Dev Assess is owned by the user. However, AI Dev Assess and XAKPC Dev Labs retains the right to use anonymized data for improving its AI models. This anonymized data will be stripped of all personally identifiable information before use.

The AI Dev Assess name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AI Dev Assess or its affiliates or licensors. You must not use such marks without the prior written permission of AI Dev Assess.

9. User Responsibilities

Users are responsible for ensuring that their use of AI Dev Assess complies with all applicable laws and regulations, particularly those related to employment and data protection. Users agree not to:

• Use the service for any unlawful purpose or in violation of any local, state, national, or international law
• Violate or encourage others to violate the rights of third parties, including intellectual property rights
• Attempt to gain unauthorized access to the service, other users' accounts, or computer systems or networks connected to the service
• Use the service in any manner that could damage, disable, overburden, or impair it

10. Service Availability and SLA

As a service provided by a single-person team of XAKPC Dev Labs, AI Dev Assess strives to maintain high availability but cannot guarantee 100% uptime. We commit to the following Service Level Agreement (SLA):

• Target uptime of 99.5% per month
• Scheduled maintenance windows will be announced at least 48 hours in advance
• In the event of unplanned downtime exceeding 4 consecutive hours, users will be compensated as outlined in Section 6

11. Modifications to Service and Terms

AI Dev Assess reserves the right to modify or discontinue the service at any time without notice. We may also revise these Terms of Service from time to time. The most current version will always be posted on our website. By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms.

12. Termination

We may terminate or suspend your access to the service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the service will immediately cease.

You may terminate your account at any time by contacting our support team. Upon termination, your data will be handled as described in our Privacy Policy.

13. Dispute Resolution

Any dispute arising from or relating to these Terms of Service or the service will be first subject to good-faith negotiations between the parties. If the dispute cannot be settled through negotiation, both parties agree to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.

14. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws and regulations of the Republic of Armenia, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the service shall be instituted exclusively in the federal courts of the Republic of Armenia.

15. Force Majeure

AI Dev Assess will not be liable or responsible to the user, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent such failure or delay is caused by or results from acts beyond AI Dev Assess's reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, epidemic, pandemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

16. Contact Information

For any questions regarding these Terms of Service, please contact [email protected].