Terms of Service

1. Acceptance of Terms

By accessing or using AI Vitals (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" includes both you individually and that organization. If you do not agree, do not use the Service.

2. Description of the Service

AI Vitals is a professional development platform that measures AI literacy and fluency across six skill dimensions (AI Foundations, Ethics & Responsibility, Judgement, Prompting, Evaluation, and Workflow Integration), provides AI-powered coaching, and delivers team analytics and personalized learning plans. The Service is provided via web application and API.

3. Accounts and Access

• You must provide accurate registration information and keep it current.
• You are responsible for maintaining the confidentiality of your account credentials.
• Organization accounts may be provisioned via SCIM or invitation codes. Organization administrators are responsible for all activity under their organization's account.
• You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service.
• We reserve the right to suspend or terminate accounts that violate these Terms, at our sole discretion, with or without notice.

4. Acceptable Use

You agree not to:

• Use the Service to harass, abuse, or harm any person.
• Attempt to gain unauthorized access to any part of the Service or its infrastructure.
• Reverse-engineer, decompile, or disassemble any part of the Service.
• Use automated means (bots, scrapers, crawlers) to access the Service without our written consent.
• Submit false or misleading assessment responses in a way intended to manipulate another person's results.
• Resell, sublicense, or redistribute access to the Service without a written reseller agreement.
• Upload or transmit malware, viruses, or other harmful code.
• Use the Service in violation of applicable laws or regulations.

5. Assessment Data and Privacy

Your use of the Service involves the collection and processing of professional development data, including self-assessment responses, scores, and AI coaching conversations. Our Privacy Policy governs how we handle this data and is incorporated into these Terms by reference.

Key data handling principles:

• Individual scores:Visible to you and, if configured by your organization, to your manager and L&D team in aggregated dimension form. See your organization's assessment disclosure settings.
• AI coaching conversations: Private to you by default. Your organization does not have access to the content of your coaching sessions unless you choose to share them.
• Automated decision-making: The Service uses AI to generate coaching recommendations. These are advisory only. Any employment decisions based on assessment data remain the sole responsibility of your organization. You may request human review of any score via the review request feature.
• EU residents: See our AI Governance page for information about our EU AI Act compliance practices.

6. Intellectual Property

The Service, including its assessment framework, question bank, scoring algorithms, software, and documentation, is owned by AI Vitals and protected by copyright, trademark, and other intellectual property laws.

Your content: You retain ownership of content you submit to the Service (assessment responses, coaching messages). You grant AI Vitals a limited license to process this content solely to provide the Service. We do not use your individual responses to train AI models without your explicit consent.

7. Payment and Billing

• Paid subscriptions are billed in advance on a monthly or annual basis. Prices are listed on our Pricing page.
• Payments are processed by Stripe. By providing payment information, you authorize us to charge your payment method on a recurring basis until you cancel.
• Subscriptions auto-renew unless cancelled before the renewal date. Cancellation takes effect at the end of the current billing period; no partial refunds are provided unless required by applicable law.
• Organization plans are priced per seat. Adding seats mid-period is prorated to the next renewal date.
• Enterprise and sponsored access arrangements are governed by a separate Order Form or Grant Agreement, which supplements these Terms.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Assessment scores are professional development indicators and not a substitute for professional judgment, HR evaluation, or legally required competency assessments. AI Vitals makes no representation that any score predicts job performance, employability, or compliance with any specific regulatory requirement.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AI VITALS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) USD $100.

10. Indemnification

You agree to indemnify and hold harmless AI Vitals and its affiliates from any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Service in violation of these Terms; (b) your violation of any applicable law; or (c) any employment decision made by your organization based on assessment data.

11. Termination

Either party may terminate this agreement at any time. You may close your account in your account settings. We may suspend or terminate your access for violation of these Terms or non-payment with notice where practicable.

Upon termination, your right to access the Service ceases. We will retain your data for 30 days after termination to allow export, then delete it per our data retention policy, unless legally required to retain it longer. Sections 5 (data), 6 (IP), 8–10 (liability), and 13 (governing law) survive termination.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or via an in-app notice at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law principles. Any dispute arising under these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration under AAA Commercial Arbitration Rules, with proceedings conducted in English. Class action and jury trial waivers apply to the maximum extent permitted by law. EU/EEA users may also have recourse to their local supervisory authority.

14. Miscellaneous

• Entire agreement: These Terms, along with the Privacy Policy, SLA (where applicable), and any Order Form, constitute the entire agreement between you and AI Vitals.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
• No waiver: Our failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or sale of assets.