TERMS OF SERVICE

Effective Date: July 12, 2022
Company: PowerTechs Inc
Product: PowerTechs Platform
Contact: legal@powertechs.us


1. Introduction
These Terms of Service (“Terms”) govern access to and use of PowerTechs Platform, a skills assessment and job matching platform operated by PowerTechs Inc. (“Company,” “we,” “us,” or “our”).

The platform is available to individual users seeking work opportunities (“Talent”) and employers, recruiters, hiring organizations, or other business users (“Employers”).
By accessing or using the platform, you agree to these Terms. If you do not agree, do not use the platform.
If you use the platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms.


2. The Platform
PowerTechs Platform provides a game-like skills assessment and job matching platform.
Talent users may complete assessment activities designed to generate skill indicators and job-match suggestions.
Employer users may post jobs, map job requirements to skills, and review Talent information where authorized through the platform.
The platform may generate assessment summaries, skill indicators, match suggestions, compatibility indicators, or similar outputs. These outputs are decision-support information only.
The platform does not guarantee interviews, job offers, hiring, employee performance, job fit, retention, compensation outcomes, or business results.
The platform is not intended to replace human judgment, lawful hiring processes, reasonable accommodations, job-related validation, or Employer compliance review.


3. Eligibility
You must be at least 18 years old to use the platform.
You may not use the platform if you are prohibited from doing so under applicable law or if we previously suspended or terminated your account for violation of these Terms.


4. Accounts
You must provide accurate, current, and complete account information.
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
You must promptly notify us of any unauthorized access, security incident, or suspected misuse of your account.
We may suspend or terminate accounts that contain false information, create legal risk, compromise platform security, or violate these Terms.


5. Talent User Terms
As a Talent user, you agree to:
  • provide accurate and current information;
  • complete assessments honestly and independently;
  • not cheat, manipulate, copy, disclose, reverse engineer, or attempt to defeat assessment logic;
  • not use bots, scripts, automated tools, unauthorized assistance, or fake accounts;
  • not submit false employment, education, identity, portfolio, or qualification information;
  • comply with applicable law and these Terms.
You understand that the platform may generate skill indicators and job-match suggestions based on your profile information and Assessment Interaction Data, including clicks, selections, pauses, timing, task choices, and task completion events.
You understand that platform outputs are not guarantees of employment, interviews, offers, compensation, or job placement.
If you believe your assessment result is inaccurate, or if you need an accommodation or alternative assessment method, contact legal@powertechs.us.


6. Employer User Terms
As an Employer user, you agree to:
  • post only lawful, accurate, and non-misleading job opportunities;
  • use platform outputs only as decision-support information;
  • conduct your own human review before making any employment decision;
  • not use assessment results, match suggestions, rankings, or skill indicators as the sole basis for hiring, rejection, compensation, promotion, retention, termination, or other employment decisions;
  • not use the platform to discriminate based on race, color, religion, sex, pregnancy, sexual orientation, gender identity, national origin, age, disability, genetic information, veteran status, citizenship, immigration status, or any other protected characteristic;
  • use only job-related and lawful criteria when configuring jobs, reviewing Talent, or acting on platform outputs;
  • provide legally required notices, authorizations, disclosures, accommodations, alternative processes, appeal rights, human review, adverse action notices, and recordkeeping;
  • comply with employment, labor, wage transparency, privacy, accessibility, anti-discrimination, consumer reporting, automated decision-making, and artificial intelligence laws.
You are responsible for determining whether your use of the platform is subject to laws governing employment tests, automated employment decision tools, artificial intelligence, profiling, consumer reports, or employment screening.


7. Prohibited Employer Uses
Employers may not:
  • use the platform as the sole decision-maker for any employment decision;
  • automatically reject, rank out, or exclude a Talent user based only on a platform score, match suggestion, or skill indicator;
  • use platform outputs without human review;
  • use platform outputs for a jurisdiction, role, or hiring process where required notices, audits, authorizations, validations, or accommodations have not been completed;
  • configure job requirements that are not job-related or that unlawfully screen out protected groups;
  • request or infer protected characteristics except where legally permitted and necessary for compliance, accommodation, or voluntary fairness monitoring;
  • use platform outputs as a background check, consumer report, investigative consumer report, or employment screening report unless a separate written compliance addendum is in effect;
  • use the platform for unlawful surveillance, worker monitoring, union activity monitoring, immigration-status screening, or other prohibited purposes.


8. Assessment Data Limitation
The assessment does not collect or process video, audio, voice recordings, facial images, facial geometry, fingerprints, retina or iris scans, eye-tracking data, voiceprints, biometric identifiers, or biometric templates.
Assessment activity may include clicks, selections, pauses, timing, task choices, task completion status, sequence of actions, session events, and related performance signals.
You may not attempt to extract, copy, manipulate, disclose, or reverse engineer assessment content, scoring logic, or platform security mechanisms.


9. Accessibility and Accommodations
Talent users may request support, an accommodation, or an alternative assessment method by contacting legal@powertechs.us.
Employer is responsible for providing reasonable accommodations required in its hiring process and for ensuring that use of the platform does not unlawfully screen out individuals with disabilities.
Employer may not reject, downgrade, or penalize a Talent user solely because the user requested an accommodation, used an alternative assessment process, or reported an accessibility issue.


10. Fair Credit Reporting Act and Employment Screening
Unless we sign a separate written FCRA addendum, the platform is not intended to be used as a consumer reporting agency service, background check service, employment screening report, consumer report, or investigative consumer report.
Employer may not use platform outputs to determine employment eligibility in a way that would require FCRA compliance unless Employer has first confirmed that all legally required FCRA steps are satisfied.
If Employer uses any platform output as a factor in hiring, rejection, promotion, reassignment, retention, compensation, or other employment decisions, Employer is solely responsible for determining whether FCRA or similar laws apply and for complying with all applicable requirements, including disclosure, authorization, certification, pre-adverse action, adverse action, dispute, accuracy, and recordkeeping obligations.
Nothing in these Terms limits any rights Talent users may have under applicable law.


11. Automated Employment Decision Tools and AI Laws
Employer is responsible for determining whether its use of the platform is subject to any law or regulation governing automated employment decision tools, automated decision-making technology, artificial intelligence, profiling, or similar systems.
Where required, Employer must provide candidate notices, explain the role of automated tools, disclose relevant data categories, provide accommodation or alternative process information, conduct or obtain required bias audits, publish audit summaries, provide human review or appeal rights, honor applicable opt-out, access, or correction rights, and maintain legally required records.
Employer may not use the platform for New York City hiring or promotion decisions subject to automated employment decision tool requirements unless Employer has completed all required notices, bias audit, public posting, and related compliance steps.
Employer may not use the platform in any jurisdiction where use of automated tools is restricted or conditioned unless Employer satisfies all applicable requirements.


12. Assessment Validation and Non-Discrimination
The platform is designed to support skills-based matching, but Employer remains responsible for ensuring that any assessment, score, criterion, workflow, or hiring process used by Employer is lawful, job-related, consistent with business necessity, and appropriate for the specific role.
Employer must not rely on platform outputs in a way that creates unlawful disparate treatment, disparate impact, disability discrimination, or other prohibited employment practice.
Employer is responsible for monitoring its own hiring outcomes and for conducting any validation, adverse-impact analysis, audit, or review required by law.
We may provide product documentation, assessment descriptions, data-category information, audit support, or validation support where available, but such support does not transfer Employer’s legal obligations to us unless expressly agreed in writing.


13. Job Posts and Employer Content
Employer is solely responsible for job postings, job descriptions, hiring criteria, company profiles, messages, and other content submitted through the platform.
Employer represents and warrants that Employer content:
  • is accurate and not misleading;
  • complies with applicable law;
  • does not include unlawful or discriminatory criteria;
  • does not infringe third-party rights;
  • does not contain malware, harmful code, or deceptive content.
Employer grants us a non-exclusive, worldwide, royalty-free license to host, display, process, analyze, transmit, and use Employer content to provide, secure, operate, and improve the platform.
We may remove or restrict Employer content that we believe is unlawful, misleading, discriminatory, abusive, infringing, or otherwise inappropriate.


14. Talent Content
Talent users may provide resumes, profile information, portfolio materials, work samples, messages, and other content.
Talent represents and warrants that Talent has the rights necessary to provide such content and that the content is accurate and lawful.
Talent grants us a non-exclusive, worldwide, royalty-free license to host, process, display, transmit, analyze, and use Talent content to operate, improve, secure, and provide the platform and related matching services.


15. Platform Intellectual Property
The platform, assessment design, game mechanics, scoring logic, software, models, workflows, documentation, trademarks, content, and all related intellectual property are owned by us or our licensors.
Except as expressly permitted by these Terms, you may not copy, reproduce, distribute, modify, create derivative works, reverse engineer, benchmark, extract training data from, scrape, or attempt to discover the scoring logic, source code, models, or assessment materials.
No rights are granted except as expressly stated in these Terms.


16. Feedback
If you provide feedback, suggestions, ideas, or recommendations about the platform, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use that feedback for any business purpose without restriction or compensation to you.


17. Acceptable Use
You may not:
  • use the platform for unlawful, discriminatory, deceptive, abusive, or harmful purposes;
  • interfere with platform security, integrity, or availability;
  • upload malware, harmful code, or unauthorized scripts;
  • scrape, crawl, harvest, or extract data without permission;
  • create fake accounts or impersonate others;
  • manipulate assessment outcomes;
  • disclose confidential assessment content;
  • resell, sublicense, or commercially exploit platform access without permission;
  • use platform data to train a competing model or build a competing assessment product;
  • violate applicable law or third-party rights.


18. Privacy
Our Privacy Policy explains how we collect, use, disclose, and protect personal information.
By using the platform, you acknowledge our Privacy Policy.


19. Fees and Payment
Employer fees, subscription terms, billing cycles, payment terms, taxes, cancellation terms, and refund terms are stated in the applicable order form, checkout page, subscription agreement, or invoice.
Unless otherwise stated, fees are non-refundable.
If subscriptions renew automatically, we will provide renewal and cancellation disclosures required by applicable law.
You authorize us or our payment processor to charge applicable fees and taxes using your selected payment method.


20. Trials, Pilots, and Beta Features
We may offer free trials, pilot programs, beta features, experimental features, or pre-release features.
Beta and pilot features are provided “as is,” may be changed or discontinued at any time, and may be subject to additional limitations.
You should not rely on beta features for legally sensitive hiring workflows unless we have expressly agreed otherwise in writing.


21. Third-Party Services
The platform may integrate with third-party services or include links to third-party websites.
We are not responsible for third-party services, content, data practices, availability, or security.
Your use of third-party services may be governed by separate terms and privacy policies.


22. No Professional Advice
The platform does not provide legal, employment, recruiting, immigration, tax, payroll, or professional advice.
Employers are responsible for consulting their own legal, HR, compliance, and professional advisors regarding hiring practices and legal obligations.
Talent users are responsible for evaluating job opportunities and employment terms independently.


23. Disclaimers
The platform is provided “as is” and “as available.”
To the maximum extent permitted by law, we disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and error-free operation.
We do not warrant that:
  • assessment outputs are complete, error-free, or suitable as the sole basis for employment decisions;
  • match suggestions identify all qualified Talent or all suitable roles;
  • a Talent user will receive interviews, offers, employment, compensation, or placement;
  • an Employer will hire, interview, or fairly evaluate any Talent user;
  • use of the platform alone satisfies employment, privacy, artificial intelligence, accessibility, consumer reporting, or anti-discrimination laws;
  • platform outputs are validated for every role, employer, jurisdiction, or hiring workflow;
  • the platform will be uninterrupted, secure, or free of harmful components.
Employer is responsible for independent human review and legal compliance in its hiring process.


24. Limitation of Liability
To the maximum extent permitted by law, PowerTechs Inc. and its affiliates, officers, directors, employees, contractors, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost revenue, lost business opportunities, loss of goodwill, loss of data, or employment-related losses.
To the maximum extent permitted by law, our total liability for all claims relating to the platform or these Terms will not exceed the greater of:
  • the amounts paid to us by the user making the claim in the three months before the claim arose; or
  • USD $100.
Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply.


25. Indemnification
Employer agrees to defend, indemnify, and hold harmless [Company Legal Name] and its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against claims, damages, liabilities, losses, costs, and expenses arising out of or related to:
  • Employer’s job postings or Employer content;
  • Employer’s hiring decisions or employment practices;
  • Employer’s use or misuse of platform outputs;
  • Employer’s failure to provide notices, authorizations, accommodations, human review, appeal rights, adverse action notices, or legally required processes;
  • Employer’s violation of employment, labor, privacy, accessibility, anti-discrimination, consumer reporting, automated decision-making, or artificial intelligence laws;
  • Employer’s violation of these Terms;
  • Employer’s infringement or misappropriation of third-party rights.
Talent users agree to defend, indemnify, and hold harmless [Company Legal Name] from and against claims arising out of or related to:
  • false, misleading, or unlawful information provided by Talent;
  • misuse of the platform;
  • cheating or manipulation of assessment results;
  • violation of these Terms;
  • infringement or misappropriation of third-party rights.


26. Suspension and Termination
We may suspend or terminate access to the platform if we believe that:
  • you violated these Terms;
  • your use creates legal, security, operational, or reputational risk;
  • your account information is false or misleading;
  • you misused assessment content or platform outputs;
  • you failed to pay applicable fees;
  • suspension or termination is necessary to comply with law.
You may stop using the platform at any time.
Certain provisions will survive termination, including intellectual property, privacy, payment obligations, disclaimers, limitation of liability, indemnification, dispute resolution, and any provisions that by their nature should survive.


27. Changes to the Platform
We may modify, suspend, or discontinue all or part of the platform at any time.
We are not liable for changes, suspension, or discontinuation of the platform, except where prohibited by law or expressly stated in a written agreement.


28. Changes to These Terms
We may update these Terms from time to time.
If changes are material, we will provide notice as required by law. Continued use of the platform after updated Terms become effective means you accept the updated Terms.


29. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules.


30. Dispute Resolution
Before filing a claim, you agree to contact us at legal@powertechs.us and attempt to resolve the dispute informally.
If the dispute is not resolved within 30 days, either party may bring a claim in the courts located in Texas, unless an arbitration agreement applies.


31. Miscellaneous
These Terms, together with the Privacy Policy and any applicable order form or written agreement, are the entire agreement between you and us regarding the platform.
If any provision is found unenforceable, the remaining provisions will remain in effect.
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law.
Our failure to enforce a provision is not a waiver.
No agency, partnership, joint venture, employment, or franchise relationship is created by these Terms.


32. Contact
PowerTechs Inc
1 Music Cir N, ofc 412, Nashville, TN 37203
Email: legal@powertechs.us