Terms of Service
Aptimal, Inc.
Last updated: 07/23/2026
Effective: 07/23/2026
1. Agreement to These Terms
These Terms of Service ("Terms") are a binding agreement between Aptimal, Inc., a Delaware corporation with its registered agent at Legalinc Corporate Services Inc., 131 Continental Dr Suite 305, Newark, DE 19713, US ("Aptimal," "we," "us"), and the entity or person that creates an account or otherwise uses the Aptimal platform ("Customer," "you").
By creating an account, clicking to accept, or using the Services, you agree to these Terms. If you are agreeing on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
If you do not agree, do not use the Services.
These Terms incorporate by reference our Acceptable Use Policy, Privacy Policy, and our Data Processing Addendum.
Geographic scope. The Services are offered in the United States only, to U.S.-based entities, for hiring roles located in the United States. You agree that you will not use the Services to collect or process personal data of candidates located in the European Economic Area, the United Kingdom, or Switzerland. We do not currently provide GDPR or UK GDPR contractual terms, including Standard Contractual Clauses. If you require them, contact us before using the Services.
2. The Services
Aptimal provides a recruitment workflow platform that may include, depending on your subscription:
- Job posting creation and hosted application links
- Applicant tracking through a configurable pipeline
- AI-assisted resume parsing and comparison against job descriptions, producing a summary and a Qualification Score
- AI-assisted assessments consisting of scenario-based and role-specific free-text questions, producing a summary and an Assessment Score
- AI-generated interview question suggestions
- Candidate database and search
- Automated email notifications and scheduling integrations
- Optional background check ordering through a third-party consumer reporting agency
- Integrations with third-party HR, calendar, and communication systems
Collectively, the "Services." We may modify, add, or discontinue features; we will not materially degrade core functionality during a paid term without notice.
3. Nature of AI Outputs — Please Read Carefully
This section is material to your use of the Services.
3.1 Outputs are assistive, not determinative. Qualification Scores, Assessment Scores, summaries, interview suggestions, and any other AI-generated output (collectively, "Outputs") are probabilistic assessments generated by machine learning systems. They are decision support tools. They are not, and must not be treated as, findings of fact about any candidate's ability, character, honesty, fitness, or likely job performance.
3.2 Outputs may be inaccurate. Outputs may contain errors, omissions, or mischaracterizations. They may reflect limitations in the underlying models. You should independently verify any Output you intend to rely on.
3.3 You are the decision-maker. You are solely responsible for all employment decisions made in connection with the Services, including decisions to advance, interview, reject, or hire any candidate. Aptimal does not make employment decisions and is not an employer, employment agency, or joint employer with respect to your candidates.
3.4 Meaningful human review is required. You agree to apply meaningful human review before any adverse employment decision, including any rejection. Where the Services offer automated filtering or auto-rejection features, you agree that:
(a) you will configure and use such features consistent with applicable law;
(b) you will not use them to effect a rejection that is based solely on automated processing where applicable law requires human involvement; and
(c) you remain responsible for the criteria you configure.
3.5 No professional advice. Outputs do not constitute legal, HR, psychological, or professional advice.
4. Your Compliance Responsibilities
You are responsible for using the Services lawfully. Without limiting Section 4 generally, you represent and agree that:
4.1 Employment law. You will comply with all laws applicable to your recruitment and hiring activities, including anti-discrimination laws (such as Title VII, the ADA, the ADEA, and state and local equivalents), and you will not use the Services to discriminate against candidates on any protected basis.
4.2 Automated employment decision tool and AI laws. You acknowledge that the Services may constitute an automated employment decision tool, automated decision-making technology, an automated decision system, or a similar regulated category under U.S. federal, state, and local law. These include, without limitation, New York City Local Law 144; the Illinois Artificial Intelligence Video Interview Act and the AI provisions of the Illinois Human Rights Act; the California Civil Rights Council regulations on automated decision systems and the California Privacy Protection Agency regulations on automated decision-making technology; and Colorado SB 26-189. Selection procedures are additionally subject to Title VII, the ADA, the ADEA, and the Uniform Guidelines on Employee Selection Procedures.
Where such laws apply to you, you are responsible for compliance, including any obligation to:
- conduct or obtain independent bias audits and publish required summaries;
- provide advance notice to candidates about the use of automated tools and the qualifications or characteristics assessed;
- offer alternative selection processes, opt-outs, human appeal, or accommodations where required;
- provide required disclosures, explanations, or appeal rights following an adverse decision;
- conduct risk or impact assessments; and
- retain records for the periods required, which may exceed the retention you configure in the Services.
We will provide reasonable information about the Services to support your compliance efforts, including any bias audit materials we make generally available. We do not conduct compliance activities on your behalf and do not warrant that your use of the Services is compliant.
4.3 Candidate notice and lawful basis. You represent that you have provided all required notices to, and obtained any required consents from, candidates whose personal data you submit to or collect through the Services, and that you have a lawful basis for the processing you instruct us to perform.
4.4 Background checks. Background check services are provided by a third-party consumer reporting agency and are subject to that provider's separate terms. You are solely responsible for compliance with the Fair Credit Reporting Act and analogous state laws, including standalone disclosure, written authorization, pre-adverse action notice with a copy of the report and summary of rights, a reasonable waiting period, and adverse action notice. Aptimal is not a consumer reporting agency and does not furnish consumer reports.
4.5 Sensitive data. You will not submit to the Services any special category or sensitive personal data (such as health information, biometric identifiers, genetic data, or information about race, religion, sexual orientation, or union membership) except where you have a lawful basis and have configured the Services appropriately. You will not solicit such information through custom assessment questions.
4.6 Custom content. You are responsible for job descriptions, custom assessment questions, email templates, and other content you create. You will not create assessment questions that elicit protected characteristics or that are not job-related and consistent with business necessity.
5. Accounts and Users
You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for maintaining the confidentiality of credentials. Notify us promptly at support@aptimal.ai of any suspected unauthorized access.
You may permit your employees and contractors ("Authorized Users") to use the Services under your account. You are responsible for their acts and omissions as if they were your own.
You must be at least 18 years old and legally capable of entering contracts.
6. Customer Data
6.1 Definition. "Customer Data" means all data you or your Authorized Users submit to the Services, and all candidate data collected through your job postings, application links, and assessments — including resumes, application information, free-text assessment responses, notes, and Outputs associated with candidates.
6.2 Ownership. As between you and Aptimal, you retain all right, title, and interest in Customer Data. You grant us a non-exclusive, worldwide license to host, process, transmit, display, and otherwise use Customer Data solely to provide and support the Services, to comply with law, and as otherwise permitted in these Terms and our Privacy Policy.
6.3 Roles. With respect to candidate personal data, you are the controller (or business) and Aptimal is the processor (or service provider). Our processing is governed by the Data Processing Addendum.
6.4 Model training. We do not use Customer Data to train foundation models, and we contractually prohibit our AI subprocessors from doing so. We may use aggregated, de-identified data that cannot reasonably be re-identified to operate, secure, analyze, and improve the Services.
6.5 Accuracy. You represent that you have the right to submit Customer Data and that doing so does not violate any law or third-party right.
7. Fees and Payment
7.1 Subscription fees. Fees are as set out in your order form or on our pricing page. Unless stated otherwise, fees are quoted in U.S. dollars, billed in advance, and non-refundable except as expressly provided.
7.2 Pass-through charges. Background checks and certain other third-party services are billed at cost, in addition to subscription fees, based on your usage.
7.3 Payment processing. Payments are processed by Stripe. You authorize us to charge your designated payment method on a recurring basis. We do not store full payment card numbers.
7.4 Taxes. Fees exclude taxes. You are responsible for all applicable taxes other than taxes on our net income.
7.5 Late payment. Overdue amounts may accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower. We may suspend the Services for non-payment after notice.
7.6 Changes. We may change fees effective at the start of your next renewal term with at least 30 days' notice.
8. Term, Renewal, Suspension, Termination
8.1 Term. These Terms begin when you first accept them and continue until all subscriptions have expired or been terminated.
8.2 Renewal. Subscriptions renew automatically for successive periods equal to the prior term unless either party gives notice of non-renewal at least 30 days before the end of the then-current term.
8.3 Suspension. We may suspend your access if (a) your account is overdue, (b) your use presents a security risk or may harm us or others, (c) we reasonably suspect a violation of these Terms or the Acceptable Use Policy, or (d) required by law. We will use reasonable efforts to give notice where practicable.
8.4 Termination for cause. Either party may terminate for material breach not cured within 30 days of written notice.
8.5 Effect of termination. Your right to use the Services ends immediately. You may export Customer Data for 30 days following termination. After that period, we will delete or de-identify Customer Data in accordance with the DPA and our retention practices, except where retention is required by law.
8.6 Survival. Sections 3, 4, 6.2, 6.4, 9, 10, 11, 12, 13, and 14 survive termination.
9. Intellectual Property
Aptimal and its licensors own all right, title, and interest in the Services, including all software, models, question banks, scoring methodologies, user interfaces, and documentation, and all related intellectual property rights. No rights are granted except as expressly stated.
You may not, and may not permit others to: (a) copy, modify, or create derivative works of the Services; (b) reverse engineer or attempt to derive source code, model weights, or scoring logic; (c) resell, sublicense, or provide the Services to third parties except as expressly permitted; (d) use the Services to build a competing product; (e) scrape or systematically extract data; or (f) remove proprietary notices.
Feedback. If you provide suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.
10. Confidentiality
Each party may receive confidential information of the other. The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to personnel and advisors with a need to know who are bound by comparable obligations. These obligations do not apply to information that is public through no fault of the receiving party, independently developed, or rightfully received from a third party. Disclosure compelled by law is permitted with prompt notice where legally allowed.
11. Disclaimers
THE SERVICES AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." To the maximum extent permitted by law, Aptimal disclaims all warranties, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Without limiting the foregoing, Aptimal does not warrant that:
- Outputs will be accurate, complete, unbiased, or predictive of job performance;
- use of the Services will comply with any law applicable to you;
- the Services will be uninterrupted, error-free, or secure; or
- any assessment methodology satisfies validation standards under the Uniform Guidelines on Employee Selection Procedures or any similar framework.
Third-party services accessed through the Services (including background check, calendar, video conferencing, and HRIS integrations) are provided by their respective providers, and Aptimal makes no warranty regarding them.
12. Limitation of Liability
12.1 Exclusion of indirect damages. To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, however caused and under any theory of liability.
12.2 Cap. Each party's total aggregate liability arising out of or related to these Terms will not exceed the greater of (a) the total fees paid or payable by you to Aptimal in the twelve months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
12.3 Exclusions from cap. The limitations in 12.1 and 12.2 do not apply to: your payment obligations; your indemnification obligations under Section 13; either party's breach of Section 10; or liability that cannot be limited under applicable law.
12.4 Employment decisions. Without limiting Sections 11 and 12, Aptimal will have no liability for any employment decision made by you or for any claim brought by a candidate or regulator arising from such a decision, including claims of discrimination, disparate impact, failure to provide required notices, or failure to comply with automated decision tool laws.
12.5 Basis of the bargain. These limitations reflect an allocation of risk and are an essential basis of the bargain between the parties.
13. Indemnification
13.1 By you. You will defend, indemnify, and hold harmless Aptimal and its officers, directors, employees, and agents from and against any third-party claim, and all resulting losses, damages, liabilities, and reasonable attorneys' fees, arising from or relating to: (a) Customer Data; (b) your use of the Services in violation of these Terms, the Acceptable Use Policy, or applicable law; (c) any employment decision you make; (d) any claim by a candidate or regulator relating to your recruitment or hiring practices; or (e) your failure to provide required notices or obtain required consents.
13.2 By us. We will defend you against any third-party claim alleging that the Services, as provided by us and used in accordance with these Terms, infringe a U.S. patent, copyright, or trademark, and will pay resulting damages finally awarded or amounts we agree in settlement. This obligation does not apply to claims arising from Customer Data, modifications not made by us, or combination with items not provided by us.
13.3 Procedure. The indemnified party must promptly notify the indemnifying party, give it sole control of the defense, and provide reasonable cooperation. No settlement imposing liability on the indemnified party may be made without its consent.
13.4 Statutory limits. Certain state laws restrict or void the allocation of liability between developers and deployers of automated decision-making technology, including Colorado SB 26-189. To the extent any provision of this Section 13 is void or unenforceable under such a law, it will not apply to that extent, and liability will be allocated as that law provides. The remainder of this Section 13 continues in effect.
14. General
14.1 Governing law. These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14.2 Venue. The state and federal courts located in Delaware will have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there.
14.3 Changes to these Terms. We may update these Terms. For material changes, we will provide at least 30 days' notice by email or in-product notice before they take effect. Continued use after the effective date constitutes acceptance. If you object to a material change, you may terminate before it takes effect and receive a pro-rata refund of prepaid, unused fees.
14.4 Assignment. You may not assign these Terms without our prior written consent, except to a successor in connection with a merger or sale of substantially all assets. We may assign freely.
14.5 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
14.6 Publicity. We may identify you as a customer by name and logo unless you notify us in writing that you prefer otherwise.
14.7 Entire agreement. These Terms, together with the documents incorporated by reference and any order form, are the entire agreement and supersede all prior agreements on this subject. In the event of conflict, the order of precedence is: (1) the DPA, (2) the order form, (3) these Terms, (4) other incorporated policies.
14.8 Severability; waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will stay in effect. Failure to enforce is not a waiver.
14.9 Relationship. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, or employment relationship.
14.10 Notices. Legal notices to Aptimal must be sent to support@aptimal.ai and to Aptimal, Inc., c/o Legalinc Corporate Services Inc., 131 Continental Dr Suite 305, Newark, DE 19713, US. Notices to you may be sent to the email associated with your account.
15. Contact
Aptimal Inc.
Email us: support@aptimal.ai
Registered Agent: Legalinc Corporate Services Inc.
131 Continental Dr Suite 305 Newark, DE, 19713 US