Terms of Service

Introduction

Welcome to AptiaWork. These Terms of Service ("Terms") govern your use of the AptiaWork platform and services. By accessing or using AptiaWork, you agree to be bound by these Terms.

AptiaWork is an AI-powered hiring assistance platform designed to help small businesses screen job candidates efficiently and ethically. Our service is built on principles of fairness, transparency, and privacy.

Definitions

• "Service" refers to the AptiaWork platform, website, and all related services
• "Employer" refers to businesses or individuals posting jobs and screening candidates
• "Candidate" refers to job applicants submitting video responses
• "AI Analysis" refers to automated assessments of candidate responses
• "We," "us," or "our" refers to AptiaWork

Acceptable Use

You Agree To:

• Provide accurate and truthful information
• Comply with all applicable employment laws and anti-discrimination regulations
• Use the Service only for lawful hiring and recruitment purposes
• Maintain the security and confidentiality of your account credentials
• Respect candidate privacy and data protection rights

You Agree NOT To:

• Discriminate based on race, color, religion, sex, national origin, age, disability, or other protected characteristics
• Post fake, fraudulent, or misleading job listings
• Harass, abuse, or harm candidates or other users
• Attempt to reverse-engineer, hack, or compromise the Service
• Use the Service to collect data for purposes other than hiring
• Share, sell, or distribute candidate data to third parties without consent
• Violate any applicable laws or regulations

Employer Responsibilities

As an employer using AptiaWork, you are solely responsible for:

• Final Hiring Decisions: All employment decisions are made by you, not by AptiaWork or our AI
• Legal Compliance: Ensuring your hiring practices comply with all federal, state, and local laws, including:
  • Title VII of the Civil Rights Act of 1964
  • Americans with Disabilities Act (ADA)
  • Age Discrimination in Employment Act (ADEA)
  • Equal Pay Act (EPA)
  • Fair Credit Reporting Act (FCRA), if applicable
  • State and municipal anti-discrimination and privacy laws
• Job Postings: Ensuring job descriptions are accurate, lawful, and non-discriminatory
• Fair Use of AI: Using AI-generated scores as advisory information only, not as the sole basis for hiring decisions
• Candidate Rights: Respecting candidates' right to request human review of AI assessments
• Data Protection: Handling candidate data responsibly and in accordance with applicable privacy laws

AI Limitations and Advisory Nature

Understanding AI Assessments

• Advisory Only: AI scores and analyses are suggestions, not mandates
• Job-Relevant Factors: AI evaluates communication skills, enthusiasm, problem-solving, and other job-related qualities
• No Protected Characteristics: AI does not assess race, age, disability, or other protected characteristics
• Potential for Error: Like all AI systems, ours may occasionally make mistakes or produce biased results despite our best efforts
• Regular Audits: We conduct ongoing bias audits and fairness testing, but we cannot guarantee 100% accuracy or fairness
• Human Judgment Required: Always supplement AI insights with your own professional judgment and interviews

Account Registration and Security

To use employer features, you must create an account by providing accurate information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

Payment and Billing

Pricing

• Job Posts: $15 per job posting
• Candidate Screenings: $1 per candidate who completes a video screening

Payment Processing

• All payments are processed securely through Stripe
• You must provide valid payment information to post jobs
• Job post fees are charged immediately upon posting
• Screening fees are charged when candidates submit their video responses
• All fees are in U.S. dollars (USD)

Refund Policy

Due to the nature of our service (AI processing and video storage), we generally do not offer refunds. However, we may provide refunds at our discretion in cases of:

• Technical errors that prevent service delivery
• Duplicate charges or billing errors
• Service outages lasting more than 24 hours

To request a refund, contact us at eliasmora85@gmail.com within 7 days of the charge.

Intellectual Property

Our Intellectual Property

AptiaWork, including our logo, website design, AI models, software, and content, is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute our software or content
• Reverse-engineer our AI models or algorithms
• Use our trademarks without permission

Your Content

You retain ownership of content you submit (job postings, screening questions). By using AptiaWork, you grant us a limited license to:

• Store and process your content to provide the Service
• Use aggregated, anonymized data to improve our AI models

Candidate Content

Candidates retain ownership of their video responses and application materials. By submitting content, candidates grant employers and AptiaWork a license to use their content for screening and hiring purposes.

Disclaimer of Warranties

ARES IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Accuracy, reliability, or completeness of AI assessments
• Uninterrupted or error-free service
• Fitness for a particular purpose
• Non-infringement of third-party rights

We do not guarantee that our AI will be free from bias or that using our Service will result in successful hires. Employers are solely responsible for verifying candidate qualifications and making hiring decisions.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARES AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Hiring decisions made based on AI assessments
• Discrimination claims arising from your use of the Service
• Third-party claims related to candidate data or hiring practices

OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless AptiaWork and its affiliates from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your hiring decisions or employment practices
• Violation of these Terms or applicable laws
• Infringement of third-party rights
• Your job postings or candidate interactions

Data and Privacy

Your use of AptiaWork is also governed by our Privacy Policy. By using the Service, you agree to our data collection and processing practices as described in the Privacy Policy.

Termination

By You

You may close your account at any time by contacting us. Upon termination:

• You will lose access to your account and data
• Active job postings will be closed
• Candidate data will be retained for 90 days, then deleted
• You remain responsible for any outstanding fees

By Us

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Fail to pay fees
• Pose a security risk to the Service or other users

Dispute Resolution

If you have a dispute with AptiaWork, please contact us first at eliasmora85@gmail.com to try to resolve it informally.

If we cannot resolve the dispute informally, any legal action must be brought in the state or federal courts located in [Your State/County], and you consent to the exclusive jurisdiction of those courts.

Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through a prominent notice on our platform at least 30 days before the changes take effect.

Your continued use of AptiaWork after changes indicates your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and AptiaWork regarding the Service.

Contact Us

If you have questions about these Terms of Service, please contact us at:

Email: eliasmora85@gmail.com