Terms

Terms of Use for ScreenStack

Welcome to ScreenStack. These Terms of Use ("Terms") are a legally binding agreement between you ("Customer," "you," or "your") and the company that owns and operates ScreenStack and screenstack.dev ("ScreenStack," "Company," "we," "our," or "us," including its successors and assigns). By clicking through, creating an account, purchasing an assessment, or otherwise using screenstack.dev or the services described below (the "Services"), you agree to be bound by these Terms, on behalf of yourself or the organization you are authorized to represent. If you do not agree with all of these Terms, do not use the Services.

If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.


1. The Services

ScreenStack is a technical candidate assessment platform. A Customer purchases a single assessment, and we provision a private, time-limited assessment environment in which a candidate completes a defined coding task using a controlled AI tool. Upon completion, the Services generate an evaluation report (a "Scorecard") summarizing test outcomes, the candidate's final code diff, and the candidate's interactions with the AI tool. The Services are provided on a best-efforts basis for use in connection with Customer's own hiring and candidate evaluation processes, subject to the restrictions in these Terms.


2. Accounts


3. Fees, Billing, and Refunds


4. Acceptable Use

You will not, and will not permit any candidate or other person to, use the Services to:

We have the right, in our sole discretion, to audit your use of the Services to verify compliance with these Terms.


5. Candidates


6. AI-Assisted Evaluations and Scorecards


7. Intellectual Property


8. Confidential Information

Each party may disclose to the other confidential information, including evaluation methodology, business information, and account or billing information. The receiving party will use confidential information solely to exercise its rights under these Terms, will protect it with at least the same degree of care it uses for its own confidential information (and in no event less than reasonable care), and will not disclose it except to personnel who need to know it and are bound by obligations at least as protective as this Section, or as required by law. These obligations do not apply to information that is or becomes publicly available without breach of these Terms, was lawfully known before disclosure, is independently developed without use of the other party's confidential information, or is lawfully received from a third party. The obligations in this Section survive termination or expiration of these Terms for so long as the information remains confidential under applicable law.


9. Data Protection

Our collection, use, and disclosure of personal data, including candidate personal data, is governed by our Privacy Policy, which is incorporated into these Terms by reference. You acknowledge and agree that: (a) in connection with your hiring, you are the primary actor in, and where applicable the data controller of, candidate data processing for your hiring purposes, and we process candidate data on your behalf to deliver and support the Services; (b) you are responsible for providing candidates with the notices and obtaining the consents required by applicable law for the processing of candidate personal data; and (c) to the extent of any conflict, the Privacy Policy controls for data protection matters.


10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING ANY SCORECARD AND ANY AI-GENERATED CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY, COMPLETENESS, OR TIMELINESS OF RESULTS. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT ANY SCORECARD WILL PRODUCE ANY PARTICULAR HIRING OUTCOME; OR THAT ANY ASSESSMENT ENVIRONMENT RESEMBLES ANY PRODUCTION CODING ENVIRONMENT. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY INFORMATION OR MATERIAL OBTAINED THROUGH THE SERVICES IS AT YOUR SOLE RISK.


11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SCREENSTACK, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOST PROFITS, REVENUES, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL SCREENSTACK BE LIABLE FOR: (A) ANY HIRING, EMPLOYMENT, ADVERSE ACTION, OR RELATED DECISION OR ITS OUTCOMES; (B) ANY CLAIM BY OR ON BEHALF OF ANY CANDIDATE ARISING FROM YOUR USE OF THE SERVICES OR ANY EVALUATION OUTPUT; (C) ANY INACCURACY, ERROR, OMISSION, BIAS, OR HALLUCINATION IN ANY AI-GENERATED CONTENT OR SCORECARD; (D) ANY ACT OR OMISSION OF YOU, YOUR EMPLOYEES OR AGENTS, ANY CANDIDATE, OR ANY THIRD PARTY; (E) ANY FAILURE TO COMPLY WITH ANY APPLICABLE LAW; OR (F) ANY LOSS OF OR DAMAGE TO DATA. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO: (A) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 12; (B) YOUR PAYMENT OBLIGATIONS; OR (C) LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.


12. Indemnification

You agree to indemnify, defend, and hold harmless ScreenStack and its affiliates, and each of their respective directors, officers, employees, agents, successors, and assigns, from and against any and all claims, demands, actions, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services or any evaluation output, including any hiring or employment decision; (b) your breach of these Terms; (c) any content you provide or cause to be provided; (d) your failure to comply with any applicable law, including employment, anti-discrimination, and data protection laws; or (e) any allegation that the Services, or your use of them, infringe or misappropriate any intellectual property or other right of a third party. If a claim is made for which you must indemnify us, you will notify us in writing as soon as reasonably practicable. We may participate in the defense of the claim with counsel of our choosing. You will not settle or compromise any claim in a way that imposes any additional liability, cost, or obligation on us, or that admits fault on our behalf, without our prior written consent.


13. Suspension, Termination, and Service Changes


14. Governing Law and Dispute Resolution

These Terms and the Services are governed by the laws of the jurisdiction in which the Company is organized, without regard to its conflict of laws principles. Except for claims seeking injunctive or other equitable relief, which may be brought in any court of competent jurisdiction, you and we each agree that any claim, action, or proceeding arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in the jurisdiction where the Company's principal place of business is located, and you and we each irrevocably consent to the exclusive jurisdiction and venue of those courts.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY CLAIM, ACTION, OR PROCEEDING WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, AND EACH OF US HEREBY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY SUCH ACTION.


15. General


16. Contact Us

If you have questions or concerns about these Terms, please contact us at: