Terms of Service

1. These terms and who they apply to

These Terms of Service (“Terms”) govern access to and use of the AceHR website, platform, APIs and related services (the “Services”) provided by Ace HR Associates, Inc. (“AceHR”, “we”, “us”). They apply to:

• Customers: staffing firms, employers and other organizations that sign an order form or master agreement with AceHR to license the Services;
• Authorized users: people a customer invites or permits to use its workspace, including its staff and the hiring clients, consulting firms and other partners it grants access;
• Candidates and assessment participants: job seekers who apply, track applications, take assessments or interviews, or use job seeker features; and
• Website visitors: anyone who browses our public pages, job boards or developer documentation.

By using the Services, you agree to these Terms. If you accept them for an organization, you confirm that you have authority to bind it, and “you” includes that organization. If you do not agree, do not use the Services. Our Privacy Policy explains how we handle personal information, and our Acceptable Use Policy is part of these Terms.

2. Signed agreements come first

A customer’s commercial relationship with AceHR is set by its signed order form and any master services agreement, data processing agreement or other signed terms (together, the “Customer Agreement”). If the Customer Agreement conflicts with these Terms, the Customer Agreement controls, and these Terms apply to matters it does not address. Within the Customer Agreement, its own order of precedence applies.

For customers, fees, the license term, service levels, liability limits, indemnities, governing law and venue come from the Customer Agreement. A marketing page, demonstration, product guide or support message does not change a Customer Agreement or add a feature to a plan.

3. What AceHR provides, and what it does not

AceHR is software for staffing and recruiting: job requests and postings, public job boards and careers pages, applications and screening questions, AI-assisted analysis, skills assessments and proctoring, AI interviews, scheduling, e-signatures, partner and candidate portals, placements, timesheets, payroll analysis and developer APIs. Available features depend on the customer’s plan, configuration and connected services.

AceHR is not the employer, staffing agency of record or hiring decision-maker for any job or candidate, and it is not a party to a customer’s employment or client agreements unless a separate signed agreement says so. AceHR is not a consumer reporting agency, and its features, including professional-profile corroboration, identity results and integrity indicators, are not consumer reports or background checks. AceHR does not provide legal advice and does not guarantee any interview, offer, placement or hiring outcome.

4. License, usage limits and metering

Subject to the Customer Agreement and these Terms, AceHR grants each customer a limited, non-exclusive, non-transferable and non-sublicensable right, during the subscription term, for its authorized users to access and use the Services for the customer’s own staffing, recruiting and workforce purposes, including serving its clients through the partner features the Services provide. Candidates and website visitors receive a limited right to use the features made available to them for their intended purpose.

Use of metered features, including AI credits, assessments, identity checks, API calls and storage, is measured and reported to the customer in the Services. Included allowances, limits and any charges for additional usage are set in the order form. When an allowance is used up, the related features may stop until it renews or is increased, and additional usage is charged only as the order form provides. Do not circumvent usage limits, rate limits or metering.

5. Accounts and security

Access to a customer workspace requires an invitation and a verified account with our authentication provider. Provide accurate information, keep your credentials confidential, use only your own account, and tell us promptly about any unauthorized use. Do not share accounts or bypass access controls.

Customers are responsible for their authorized users, the roles and partner access they grant, the integrations and API keys they create, and all activity under their accounts. Customers should remove access promptly when a person’s role ends. AceHR may rely on instructions from a customer’s administrators.

6. Customer responsibilities: notices, consents and hiring laws

Customers decide whether and how to use AceHR features with candidates, employees and contractors, and they are responsible for complying with the laws that apply to their hiring and employment practices. AceHR’s built-in notices and consent steps are designed to help, but they do not replace a customer’s own obligations. Depending on the jurisdiction and the features used, these include:

• Privacy notices: giving candidates and workers any required privacy notice and notice at collection, including under the California Consumer Privacy Act, and responding to their privacy requests.
• Recording: obtaining consent to record calls, video and screens where required, including the consent of all parties in states that require it, such as California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington.
• Biometrics: giving notice and obtaining written releases or consent before biometric data is collected, as required by the Illinois Biometric Information Privacy Act (740 ILCS 14), Texas Business and Commerce Code § 503.001, Washington RCW 19.375 and the Colorado Privacy Act. See our Biometric Information Privacy Policy.
• AI video interviews: for positions based in Illinois, complying with the Artificial Intelligence Video Interview Act (820 ILCS 42), including notice, an explanation of how AI is used and what it evaluates, consent, limits on sharing videos, and deleting videos within 30 days of an applicant’s request.
• Facial recognition in interviews: in Maryland, obtaining the applicant’s signed waiver before facial recognition is used during an interview (Md. Code, Lab. & Empl. § 3-717).
• Automated employment decision tools: in New York City, completing an independent bias audit within one year before use, publishing a summary of the results, notifying candidates and employees at least 10 business days before use, and explaining how to request an alternative selection process or accommodation (Local Law 144 of 2021).
• AI notices and anti-discrimination in Illinois: notifying applicants and employees when AI is used for covered employment decisions, and not using AI in a way that has a discriminatory effect, including using zip codes as a proxy for protected classes (Illinois Human Rights Act, as amended by Public Act 103-0804, effective January 1, 2026).
• High-risk AI systems in Colorado: meeting deployer duties under the Colorado Artificial Intelligence Act (C.R.S. § 6-1-1701 and following) when and to the extent it is in effect, such as a risk management program, impact assessments, notices, explanations of adverse decisions, and opportunities to correct data and appeal.
• California: complying with the Civil Rights Council’s regulations on automated-decision systems under the Fair Employment and Housing Act (effective October 1, 2025), including keeping automated-decision system data for four years, and, from January 1, 2027, the CCPA regulations on automated decision-making technology where they apply.
• Equal employment and accommodations: complying with Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act and state equivalents, including providing reasonable accommodations and alternative formats for assessments and interviews, and making sure tests measure job-related skills rather than a disability.
• Background checks: not using AceHR as, or in place of, a consumer report. If you obtain background checks, use a consumer reporting agency and follow the Fair Credit Reporting Act’s disclosure, authorization and adverse-action requirements and any state or local fair chance laws.
• Calls, texts and email: obtaining prior express consent under the Telephone Consumer Protection Act before calling or texting a mobile number using an AI-generated or prerecorded voice or an autodialer (prior express written consent for telemarketing), honoring opt-outs, following state calling and texting laws, and following the CAN-SPAM Act and state email laws for commercial email.
• Employee monitoring and records: giving any required notice before electronically monitoring employees, such as under New York Civil Rights Law § 52-c, Connecticut General Statutes § 31-48d and Delaware Code title 19, § 705, and keeping hiring records, including applications and test results, for the periods the law requires (for example 29 C.F.R. § 1602.14).
• Job postings: making sure postings are genuine, accurate and lawful, including pay transparency and anti-discrimination requirements.

Recordings are deleted automatically when the retention period you choose for an assessment ends. If the law or a legal hold requires you to keep a recording or other evidence longer, preserve it before it expires. AceHR does not decide which laws apply to your use and does not certify that any configuration is lawful.

7. Human review of employment decisions

AceHR is designed so that people make employment decisions. Customers must make sure a qualified person reviews the relevant evidence before deciding to reject, advance, hire or place anyone, and must not use AI outputs, screening flags, integrity indicators, identity results or network observations as the sole basis for an adverse decision. Customers must offer a reasonable alternative process or accommodation when a candidate asks or the law requires it, and must give candidates a way to correct inaccurate information and seek reconsideration where the law requires.

8. Acceptable use

Everyone using the Services must follow the Acceptable Use Policy. In summary: do not use the Services for unlawful discrimination, covert surveillance or purposes outside staffing and recruiting; do not scrape, test our security without permission, upload data without a lawful basis, misuse AI features, send spam or impersonate anyone; and keep assessment content confidential. We may remove content or suspend access that violates it.

9. AI features and outputs

AI features generate content such as extracted facts, match analyses, summaries, questions, assessments, messages, transcripts and score suggestions. AI output may be inaccurate, incomplete, outdated or biased, and different runs can produce different results. Outputs are decision support, not verified facts, findings of misconduct or legal advice. Check outputs against the underlying evidence before relying on them.

As between AceHR and the customer, AI outputs generated from Customer Data are Customer Data. AI features rely on third-party model providers listed on our subprocessor list and described in our AI Transparency Notice. Customers control many AI settings, including how much AI influences candidate scoring, and are responsible for the configurations, instructions and approvals they set. Approving an agent or workflow action can create records, send messages or schedule events, and a completed action may not be reversible.

10. Assessments and proctoring

Customers decide whether to send an assessment, how it is configured (including recording, screen capture, identity verification, AI assistance and recording retention), and how its results are used. Candidates who take an assessment agree to follow its rules:

• complete the assessment yourself, without help from any other person;
• do not let anyone else take it for you, use another person’s identity, or take it for someone else;
• use only the resources the instructions allow, and no outside AI tools unless the built-in hints assistant is enabled;
• do not copy, record, photograph, post or share the questions, tasks or answers, during or after the assessment;
• when proctoring is on, keep your camera and microphone on with your face visible, stay in fullscreen, and do not use other devices or have other people in view; and
• do not interfere with the assessment, monitoring, recording or code sandbox, or try to access hidden tests, rubrics or other candidates’ data.

Monitoring observations and the integrity risk indicator are automated signals for a human reviewer. They are not determinations of cheating or misconduct, and innocent explanations are common. After human review, the hiring company decides what to do, such as asking questions, offering a retake or not relying on a result. Candidates may request a human alternative or accommodation at any time without an automatic penalty. Assessment content belongs to the customer or AceHR and is confidential. The Candidate Assessment & Proctoring Notice describes what is collected and why.

11. Candidates and job seekers

When you apply through a job board, careers page or embedded form, your application goes to the company named on the posting, which decides how to use it. Provide accurate information, apply only for yourself, and upload only documents you have the right to share. To withdraw an application, contact the hiring company.

The candidate portal and job seeker features, such as saved jobs, career profiles and AI comparisons, are provided for your own job search. AI comparisons are for your information only and do not predict or affect any hiring decision. Applying through AceHR is free. Your relationship regarding a job is with the hiring company, so questions about a decision, an accommodation or your records should go to that company first.

12. Third-party services

The Services work with third-party services, including authentication, payments, identity verification, AI models, email, voice, e-signature, calendar, mailbox and data providers. Your use of a third-party service may be subject to its own terms and privacy policy, which AceHR does not control. When a customer or user connects a third-party account, it authorizes AceHR to exchange the data needed for that connection.

Third-party services can change or become unavailable, and revoking a connection may not delete data already sent to that service. AceHR is responsible for its subprocessors as the Customer Agreement provides, but not for services a customer chooses to connect under its own account and terms.

13. Customer Data

“Customer Data” means data that a customer, its users or its candidates submit to the Services, and the outputs generated from it. As between the parties, the customer owns its Customer Data. The customer grants AceHR a limited, non-exclusive right to host, copy, transmit, display and process Customer Data only to provide, secure, support and maintain the Services, prevent abuse, meter usage, and as the Customer Agreement and law allow. AceHR processes personal information in Customer Data as the customer’s service provider and processor under the Customer Agreement and any data processing agreement.

AceHR does not sell Customer Data. AceHR may compile aggregated or de-identified usage and performance statistics that do not identify the customer or any individual, and may use them to operate and improve the Services.

Customers are responsible for the accuracy, quality and legality of Customer Data, for having the rights and lawful basis to submit it and to direct its processing, and for the notices and consents described in these Terms.

14. Confidentiality

Each party may receive the other’s non-public information that is marked or reasonably understood as confidential, including Customer Data, assessment content, pricing and non-public product information. The receiving party will use it only to perform under the Customer Agreement and these Terms, protect it with at least reasonable care, and disclose it only to personnel and service providers who need it and are bound by similar obligations, or as required by law (with notice where legally permitted).

These obligations do not cover information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or is rightfully received from a third party without a duty of confidentiality. A confidentiality provision in the Customer Agreement controls over this section.

15. Feedback

If you send suggestions or feedback about the Services, AceHR may use them without restriction or obligation to you. Feedback does not include Customer Data, and AceHR will not identify you or your organization as its source without permission.

16. Intellectual property

AceHR and its licensors own the Services, the software, documentation and templates we provide, and the AceHR name and logos, together with all related intellectual property rights. No rights are granted except as these Terms or the Customer Agreement expressly state.

You may not copy, modify or create derivative works of the Services except as permitted; reverse engineer them or attempt to extract source code, except to the extent the law allows; resell, sublicense or provide the Services to anyone other than authorized users; remove proprietary notices; or use the Services to build a competing product.

17. Fees, invoices and taxes

Customers pay the fees in their order form, which also sets the billing frequency, payment terms, allowances and renewal terms. AceHR invoices customers directly or collects payment through Stripe, which processes payment details under its own terms; AceHR does not store card or bank details.

Fees exclude taxes. Customers are responsible for sales, use, value-added and similar taxes on their purchases, other than taxes on AceHR’s income. Late payments, billing disputes and refunds are handled as the order form provides and as mandatory law requires. Candidates, partner users and website visitors are not charged for the features made available to them.

18. Suspension and termination

AceHR may suspend access, in whole or in part, if reasonably necessary to address a security threat, prevent harm or unlawful use, comply with law, or respond to a material breach of these Terms or the Customer Agreement, including nonpayment as the order form provides. We will give notice when practical and limit the suspension to what is needed. Suspension does not delete records.

The Customer Agreement governs the term, renewal and termination of a customer’s subscription. We may end access for users or visitors who violate these Terms, and you may stop using the Services at any time. Provisions that by their nature should survive, including those on fees owed, confidentiality, intellectual property, disclaimers, limitation of liability, indemnities and disputes, survive termination.

19. Data export, return and deletion

During the subscription, customers can export their data using the export features and APIs the Services provide. After termination, AceHR will make Customer Data available for return or delete it as the Customer Agreement provides or, if it is silent, within a reasonable time after the customer’s written request. Data may remain in backups until they expire in the ordinary course, and AceHR may keep data it must retain by law or to resolve disputes, subject to these confidentiality obligations. Automatic deletion periods, such as recording retention, continue to apply.

20. Beta and preview features

Features labeled beta, preview, early access or similar are offered for evaluation. They may change or be withdrawn, may have limited support, and are excluded from any service levels unless the Customer Agreement says otherwise. Evaluate them carefully before using them in critical workflows.

21. Disclaimers

Except as expressly stated in a Customer Agreement, and to the fullest extent permitted by law, the Services and all outputs are provided “as is” and “as available”. AceHR disclaims all implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Services or outputs will be uninterrupted, error-free, accurate or free of bias, or that they will satisfy the legal requirements that apply to your use. Some jurisdictions do not allow these disclaimers, so they may not apply to you.

22. Limitation of liability

For customers, the limitations of liability, any cap on liability and their exceptions are set in the Customer Agreement.

To the fullest extent permitted by law, and unless a Customer Agreement provides otherwise, neither AceHR nor its suppliers will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, or business interruption, arising out of or relating to the Services or these Terms, even if advised of the possibility. This applies to customers, authorized users, candidates and visitors.

Nothing in these Terms limits liability that cannot be limited under applicable law, such as liability for fraud and, where the law does not permit a limit, for gross negligence, willful misconduct, or death or personal injury.

23. Indemnities

Customer indemnity: unless the Customer Agreement provides otherwise, each customer will defend AceHR and its affiliates, personnel and suppliers against third-party claims, and pay the resulting damages, fines, settlements and reasonable costs, arising from (a) Customer Data or the customer’s collection, use or disclosure of candidate, employee or other personal information, including any failure to give required notices or obtain required consents or releases; (b) the customer’s use of assessments, proctoring, AI features, interviews or their outputs, and its hiring, placement and employment decisions; or (c) the customer’s or its users’ violation of law, these Terms or the Acceptable Use Policy.

AceHR indemnity: where the Customer Agreement provides it, AceHR will defend a customer against third-party claims that the Services infringe intellectual property rights, subject to the conditions, remedies and exclusions in the Customer Agreement.

Process: the indemnified party must notify the indemnifying party promptly, give it control of the defense and settlement, and cooperate reasonably. No settlement may impose an admission or obligation on the indemnified party without its consent.

24. Changes to the Services and these Terms

We may update the Services, and we may revise these Terms. We will post revised Terms with a new “Last updated” date and give reasonable advance notice of material changes, such as by email or in the Services, where the law or the Customer Agreement requires it. Changes do not amend a signed Customer Agreement unless it allows that. Continuing to use the Services after revised Terms take effect means you accept them; if you do not agree, stop using the Services.

25. Notices

We may give notices to customers by email to the account administrator or billing contact, or in the Services. Send notices to AceHR at acehrassociatesinc@gmail.com with “Legal notice” in the subject, unless the Customer Agreement specifies another address. Formal notices under a Customer Agreement are given as it requires.

26. Governing law, venue and disputes

For customers, the governing law, venue and dispute-resolution process are those in the Customer Agreement. If the Customer Agreement does not address them, these Terms and any dispute arising from them are governed by the laws of the United States and of the state specified in the customer’s order form, without regard to conflict-of-law rules, and disputes will be resolved in the state or federal courts located in that state.

For anyone without a Customer Agreement, such as a candidate or website visitor, the governing law and forum are determined by applicable law. These Terms do not contain an arbitration agreement or a class action waiver.

Before filing a claim, please contact us so we can try to resolve the concern informally. Nothing in these Terms prevents either party from seeking urgent injunctive relief to protect confidential information or intellectual property, or limits rights that cannot be waived under consumer protection or other laws.

27. Export controls and sanctions

You may not use, export or re-export the Services in violation of US export control and sanctions laws, including the Export Administration Regulations and the regulations administered by the Office of Foreign Assets Control. You confirm that you are not located in a country or region subject to comprehensive US sanctions and are not on a US government restricted-party list.

28. General terms

The following also apply:

• Assignment: you may not assign these Terms without our written consent, except as the Customer Agreement allows. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets, with notice to customers.
• Entire agreement: these Terms, the policies they reference and any Customer Agreement are the entire agreement on their subject and replace prior understandings about it.
• Severability and waiver: if a provision is unenforceable, it will be enforced to the maximum extent permitted and the rest remains in effect. Failing to enforce a provision is not a waiver.
• Force majeure: neither party is liable for delays or failures caused by events beyond its reasonable control, except for payment obligations.
• Independent parties: the parties are independent contractors. These Terms create no partnership, joint venture, employment or agency relationship, and no third-party beneficiaries.
• Electronic communications: you agree to receive communications electronically, and they satisfy any legal requirement that communications be in writing.

29. Contact

Ace HR Associates, Inc. operates AceHR. Questions about these Terms: acehrassociatesinc@gmail.com.