Assay — Terms of Service
1. Agreement to These Terms
These Terms of Service (“Terms”) are a binding agreement between you and Gordian Knot, LLC (“Gordian Knot,” “we,” “us,” or “our”) governing your access to and use of Assay, our web-based software application available at getassay.ai and related subdomains, together with all related features, content, and services (the “Service”).
By accessing or using the Service, or by clicking to accept these Terms, you agree to be bound by them and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Service.
2. Eligibility and Authority
You must be at least 18 years old and able to form a binding contract to use the Service. The Service is intended for business and professional use. If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to both you and that organization.
3. The Service
Assay provides software tools that help you create hiring-related materials, including structured interview guides, interview questions, scoring rubrics, role analyses, and job advertisements. The Service generates these materials using artificial intelligence based on company, team, and role information you provide.
We may modify, suspend, or discontinue any part of the Service at any time. We will use reasonable efforts to provide notice of material changes where practicable.
4. Accounts and Security
To use most features, you must create an account through our authentication provider. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to provide accurate information and to keep it current, and to notify us promptly of any unauthorized use of your account.
5. Billing and Payment
Access to certain features requires payment. The features available for purchase, their prices, and what each purchase includes (including whether a purchase is one-time or recurring) are described in the Service at the time of purchase and may change prospectively. Changes do not affect purchases you have already completed.
Payments are processed by our third-party payment processor. By making a purchase, you authorize us and our processor to charge your selected payment method for the amounts shown at the time of purchase.
One-time purchases. Some features are offered as one-time purchases (for example, on a per-role basis). A one-time purchase entitles you to the features described at the time of purchase and does not renew or recur.
Subscriptions. If we offer subscription-based features, the subscription term, renewal schedule, and price will be disclosed at the time of purchase. Subscriptions renew automatically until cancelled. You may cancel at any time through the Service or by contacting us, and cancellation takes effect at the end of the then-current billing period. We do not impose cancellation fees.
Refunds. Except where required by applicable law, all purchases are final and non-refundable.
Payments are processed by our third-party payment processor. By making a purchase, you authorize us and our processor to charge your selected payment method for the amounts shown.
6. Your Content
“Content” means the information you submit to the Service, including company, team, and role information. As between you and us, you retain all rights in your Content. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and process your Content as necessary to operate and provide the Service, including transmitting it to our AI provider to generate Output (defined below).
You represent and warrant that you have all rights necessary to submit your Content and to grant this license, and that your Content does not violate any law or infringe the rights of any third party. You are responsible for any information about individuals that you choose to enter into the Service, as further described in our Privacy Policy.
We may use aggregated or de-identified data derived from use of the Service to operate, analyze, and improve the Service.
7. AI-Generated Output
“Output” means the interview guides, questions, rubrics, role analyses, job advertisements, and other materials the Service generates from your Content. Subject to these Terms and your payment of applicable fees, we assign to you, or grant you a license to use, the Output for your business purposes.
Because Output is generated by artificial intelligence, you acknowledge that: (a) Output may contain inaccuracies or errors; (b) the same or similar Output may be generated for other users; and (c) Output is not reviewed by a human before it is provided to you. You are responsible for reviewing and editing Output before relying on or using it.
8. Your Responsibility for Hiring Decisions and Legal Compliance
The Service is a tool, not an advisor. The Service and its Output are provided to assist you and are for informational purposes only. They do not constitute legal, human-resources, hiring, psychological, or other professional advice, and no professional relationship is created by your use of the Service.
You exercise your own judgment. You are solely responsible for reviewing, evaluating, and deciding whether and how to use any Output. You must exercise your own independent professional judgment in connection with your interviewing, evaluation, and hiring activities. You should not rely on the Service or its Output as the sole basis for any hiring or employment decision.
Outcomes are yours. We do not participate in, control, or make any hiring or employment decision, and we do not guarantee any result or outcome. We are not responsible for any decision you make, or decline to make, in connection with the Service, including the selection, rejection, performance, or conduct of any candidate, employee, or other person.
Legal compliance is your responsibility. Hiring and employment are subject to numerous laws and regulations, which may include, without limitation, anti-discrimination, equal-opportunity, disability-accommodation, pay-transparency, and data-privacy laws. You are solely responsible for ensuring that your interview questions, evaluation criteria, job advertisements, and hiring practices — including any Output you choose to use — comply with all laws applicable to you. We do not warrant that the Service or any Output is compliant with any particular law.
9. Acceptable Use
You agree not to:
- Use the Service in violation of any applicable law or these Terms;
- Submit Content that is unlawful, infringing, or that you lack the right to submit;
- Reverse engineer, decompile, or attempt to discover the source code or underlying models of the Service, except as permitted by law;
- Access the Service to build or assist in building a competing product or service, or to copy its features or Output for resale;
- Scrape, harvest, or use automated means to access the Service except through interfaces we provide;
- Circumvent or attempt to circumvent the paywall, usage, or security mechanisms of the Service; or
- Interfere with, disrupt, or impose an unreasonable load on the Service or its infrastructure.
10. Our Intellectual Property
The Service, including its software, design, text, and other materials (excluding your Content and your Output), and all related intellectual property rights, are owned by Gordian Knot or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms. We reserve all rights not expressly granted. “Assay,” “Gordian Knot,” and related logos are our marks and may not be used without our permission.
11. Third-Party Services
The Service relies on, and may link to or integrate with, services provided by third parties (for example, authentication, hosting, payment, analytics, and AI providers). We are not responsible for third-party services, and your use of them may be subject to their own terms and policies.
12. Disclaimers of Warranties
THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR YOUR PURPOSES OR COMPLIANT WITH ANY LAW. YOU USE THE SERVICE AND ANY OUTPUT AT YOUR OWN RISK.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, GORDIAN KNOT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM ANY HIRING OR EMPLOYMENT DECISION, THE PERFORMANCE OR CONDUCT OF ANY PERSON HIRED OR NOT HIRED, OR ANY CLAIM BY A CANDIDATE, EMPLOYEE, OR THIRD PARTY RELATING TO YOUR USE OF THE SERVICE OR OUTPUT.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
14. Dispute Resolution; Arbitration; Class Waiver
Informal resolution first. Before initiating arbitration, you agree to first contact us in writing and give us 60 days to resolve the dispute informally. Most disputes can be resolved this way.
Binding arbitration. If we cannot resolve a dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by final and binding individual arbitration, rather than in court, except as set out below. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be governed by the Federal Arbitration Act.
Seat and location. The seat and location of the arbitration will be Providence, Rhode Island, unless you and we agree otherwise or the arbitrator determines that an in-person hearing is unnecessary.
Class-action waiver. You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of class proceeding.
Exceptions. Notwithstanding the above, (a) either party may bring an individual claim in small-claims court if it qualifies, and (b) either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information.
Jury-trial waiver. To the extent any dispute proceeds in court under the exceptions above, you and we each waive any right to a jury trial.
15. Governing Law and Venue
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Rhode Island, without regard to its conflict-of-laws rules. Subject to the arbitration provisions in Section 14, you and we agree that any action permitted to be brought in court will be brought exclusively in the state or federal courts located in Providence County, Rhode Island, and you consent to the personal jurisdiction of those courts.
16. Indemnification
You agree to indemnify, defend, and hold harmless Gordian Knot and its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your Content; (b) your use of the Service or any Output; (c) any hiring, employment, or related decision you make; (d) your violation of these Terms; or (e) your violation of any law or the rights of any third party.
17. Term and Termination
These Terms remain in effect while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access at any time if you violate these Terms, if we discontinue the Service, or as otherwise reasonably necessary. Upon termination, your right to use the Service ceases. Sections that by their nature should survive termination — including Sections 6 through 16 and 18 — will survive.
18. General
Changes to these Terms. We may update these Terms from time to time. If we make material changes, we will update the “Last Updated” date and provide reasonable notice. Your continued use of the Service after changes take effect constitutes acceptance.
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede any prior agreements.
Severability. If any provision is found unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary.
Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
Notices. We may provide notices to you through the Service or by email. You may contact us using the details below.
19. Contact Us
Questions about these Terms can be directed to:
Gordian Knot, LLC
Email: admin@getassay.ai
Mailing address: 177 Vinton St, Providence, RI 02909