Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and EvalX Technologies Inc. (“EvalX,” “we,” “us,” or “our”) governing your access to and use of the EvalX platform, including the website at eval-x.com, the application at app.eval-x.com, and all related services (collectively, the “Platform”).

By creating an account, clicking “I Accept,” or otherwise accessing or using the Platform, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use the Platform.

2. Definitions

• “Operator” means the entity or individual who creates an account to manage interview sessions on the Platform.
• “Candidate” means an individual who participates in an interview session via a unique link provided by an Operator.
• “Session” means a single interview instance, including all associated code, AI interactions, test results, and evaluation outputs.
• “Session Data” means all data captured during a Session, including code diffs, AI prompts/responses, test results, written explanations, behavioral metadata, and screen recordings.
• “Evaluation Output” means the AI-generated reports, scores, and analyses produced by the Platform from Session Data.
• “Content” means any data, text, code, images, templates, or materials uploaded, submitted, or generated through the Platform.
• “Subscription Plan” means the pricing tier selected by the Operator (Starter, Professional, or Enterprise).
• “Template” means a pre-configured interview exercise, including project files, test suites, checkpoints, and evaluation criteria.

3. Account Registration & Eligibility

3.1 Eligibility

The Platform is intended for business use by individuals who are at least 18 years of age and have the legal authority to enter into these Terms. By registering, you represent that you meet these requirements.

3.2 Account Creation

To access the Platform, you must register using a valid business email address and provide accurate, current, and complete registration information. Personal email addresses from free email providers (e.g., gmail.com, yahoo.com, outlook.com) are not accepted for registration. Each organization may have only one account per email domain.

3.3 Account Security

You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use. We implement single-session enforcement (only one active login session per user) and progressive login delays for failed authentication attempts.

3.4 Email Verification

You must verify your email address before accessing write-functionality on the Platform. Unverified accounts have limited access. Verification tokens expire after 24 hours, after which you may request a new verification email.

4. Description of Service

4.1 Platform Overview

EvalX is an AI-powered technical interview platform that enables Operators to evaluate software engineering Candidates through real-world coding exercises in a browser-based IDE environment. The Platform captures Session Data and uses AI to generate evidence-based Evaluation Outputs.

4.2 Key Features

• Browser-based IDE environment (VS Code via code-server) with AI assistant integration
• Customizable interview Templates with multiple checkpoints
• AI-powered evaluation across six dimensions: Problem Framing, AI Usage Quality, System Design, Code Quality, Adaptability, and Explanation & Ownership
• Multi-model AI support (subject to Subscription Plan)
• Assessment Scorecards and detailed evaluation reports
• Sandbox mode for Template testing and practice

4.3 Service Availability

We use commercially reasonable efforts to maintain Platform availability. However, we do not guarantee uninterrupted access and may perform scheduled maintenance or updates. Enterprise customers may negotiate specific Service Level Agreements (SLAs) as part of their contract.

5. Subscription Plans & Billing

5.1 Plans

The Platform offers the following Subscription Plans:

• Starter (Free Trial): 14-day trial with limited features. No credit card required. Includes 1 live interview, sandbox mode, 1 custom Template, and 1 interviewer seat.
• Professional: $399/month (billed annually at $4,788/year). Includes up to 25 interviews/month, 3 concurrent sessions, 10 custom Templates, multi-model AI, and 3 interviewer seats.
• Enterprise: Custom pricing. Includes all Professional features plus white-labeling, SSO/SAML, team benchmarking, API access, dedicated account manager, unlimited seats, and a custom SLA.

5.2 Billing & Payment

Professional subscriptions are billed annually in advance. All fees are non-refundable except as expressly stated in these Terms or required by applicable law. We reserve the right to change pricing with 30 days' prior written notice. Price changes will apply at the next renewal period.

5.3 Taxes

All fees are exclusive of applicable taxes (including VAT, sales tax, and withholding tax). You are responsible for all taxes associated with your use of the Platform, except for taxes based on EvalX's net income. For Israeli customers, VAT will be applied as required by Israeli tax law.

6. Free Trial Terms

The Starter plan provides a 14-day free trial period beginning on the date of account registration. During the trial:

• You may create up to 3 interviews (high-water mark — deleting interviews does not restore the count).
• You may complete 1 live interview.
• All interviews start in Sandbox mode and must be promoted to Live mode.
• A token budget applies to AI usage (not visible to users).

Upon trial expiration, your account enters read-only mode. You may view existing reports and data, but you cannot create new interviews or Templates. To resume full access, you must upgrade to a paid Subscription Plan. We reserve the right to modify or discontinue the free trial at any time.

7. Intellectual Property Rights

7.1 EvalX Platform

The Platform, including its source code, design, algorithms, evaluation methodologies, Template library, documentation, trademarks, and all related intellectual property, is and remains the exclusive property of EvalX Technologies Inc. These Terms do not grant you any ownership interest in the Platform. Your right to use the Platform is limited to the license granted under your Subscription Plan.

7.2 Candidate Code

Code written by Candidates during interview Sessions belongs to the Candidate. EvalX does not claim ownership of Candidate-authored code. By participating in a Session, the Candidate grants EvalX a limited, non-exclusive, royalty-free license to process, analyze, store, and display the code solely for the purpose of generating Evaluation Outputs and providing the Platform's services to the Operator. This license terminates upon deletion of the Session Data.

7.3 Evaluation Outputs

Evaluation Outputs (reports, scores, analyses) are generated by EvalX's AI systems and are delivered to the Operator as part of the Platform's services. The Operator receives a non-exclusive license to use Evaluation Outputs for internal hiring purposes. Evaluation Outputs may not be resold, published, or used for purposes other than evaluating the specific Candidate for the specific role.

7.4 Templates

Standard Templates provided by EvalX are our intellectual property. Custom Templates created by Operators using the Platform belong to the Operator, subject to EvalX's right to use anonymized, aggregated Template metadata for product improvement.

7.5 Feedback

If you provide feedback, suggestions, or ideas about the Platform, you grant EvalX an unrestricted, perpetual, irrevocable, royalty-free license to use such feedback for any purpose without obligation to you.

8. User Content & Data

8.1 Operator Responsibility

You are solely responsible for the accuracy and legality of the Content you upload or submit to the Platform, including custom Templates. You represent that you have all necessary rights to submit such Content.

8.2 Data Ownership

As between you and EvalX, you retain ownership of your Content. We do not claim ownership of Operator data or Session Data. We process your data only as described in our Privacy Policy and these Terms.

8.3 No AI Training

EvalX does not use Session Data, Candidate code, AI interactions, or Evaluation Outputs to train, fine-tune, or improve any AI or machine learning models. Session Data is processed exclusively to generate Evaluation Outputs for the specific Session. Third-party AI providers are configured to not train on customer data.

9. AI-Powered Evaluation

9.1 Nature of AI Evaluation

The Platform uses artificial intelligence to analyze Session Data and generate Evaluation Outputs. AI-generated evaluations are decision-support tools designed to inform — not replace — human judgment in hiring decisions. EvalX does not make employment decisions, recommendations for employment, or guarantees about Candidate suitability.

9.2 Accuracy Disclaimer

While we strive for accuracy, AI evaluations are probabilistic assessments based on observable data. They may not capture all aspects of a Candidate's abilities. Operators should use Evaluation Outputs as one factor among many in their hiring process and should always apply independent human judgment.

9.3 FCRA Disclaimer

EvalX is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. Evaluation Outputs are not “consumer reports” under the FCRA. Operators must not use Evaluation Outputs as a substitute for a consumer report and are responsible for compliance with FCRA and any applicable state equivalents in their hiring processes.

9.4 Anti-Discrimination

The Platform evaluates technical skills, problem-solving approaches, and engineering practices. It does not evaluate, score, or consider protected characteristics including but not limited to race, color, national origin, sex, gender identity, sexual orientation, religion, age, disability, or genetic information. Operators are responsible for ensuring their overall hiring process complies with applicable equal employment opportunity laws, including Title VII, the ADA, ADEA, and their state and local equivalents, as well as Israeli Equal Employment Opportunities Law, 5748-1988.

10. Candidate Rights & Operator Obligations

10.1 Operator Obligations

As the party initiating interview Sessions, the Operator is responsible for:

• Informing Candidates in advance about the nature of the AI-powered evaluation, including what data will be collected.
• Obtaining any consents required by applicable law before the Session begins (particularly for screen recording, where applicable).
• Providing Candidates with access to the Privacy Policy or a summary thereof.
• Using Evaluation Outputs in compliance with applicable employment and anti-discrimination laws.
• Responding to Candidate requests regarding their Session Data, in coordination with EvalX.

10.2 Candidate Access to Data

Candidates may request a copy of their Session Data and Evaluation Output by contacting EvalX at privacy@eval-x.com or through the Operator. EvalX will facilitate such requests in accordance with our Privacy Policy and applicable law.

11. Acceptable Use Policy

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to reverse engineer, decompile, or disassemble the Platform or its AI evaluation systems.
• Circumvent or attempt to circumvent any usage limits, security measures, or access controls.
• Share interview links, Session Data, or Evaluation Outputs with unauthorized parties.
• Use the Platform to discriminate against Candidates based on protected characteristics.
• Submit malicious code, viruses, or harmful content through the Platform.
• Resell, sublicense, or redistribute access to the Platform without our written consent.
• Use automated tools (bots, scrapers) to access the Platform without authorization.
• Interfere with or disrupt the Platform's infrastructure, including AI model providers.
• Misrepresent your identity or authority to act on behalf of an organization.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account.

12. Data Protection & Security

We implement commercially reasonable technical and organizational measures to protect data processed through the Platform, including encryption in transit and at rest, access controls, and regular security assessments. For detailed information on our data protection practices, please refer to our Privacy Policy.

For Enterprise customers, additional security commitments (including SOC 2 Type II compliance, custom data retention, and dedicated infrastructure) may be negotiated as part of the Enterprise agreement.

13. Confidentiality

“Confidential Information” means any non-public information disclosed by either party to the other in connection with the Platform, including Session Data, Evaluation Outputs, pricing terms, and technical specifications.

Each party agrees to: (a) use Confidential Information only for the purpose of exercising rights and performing obligations under these Terms; (b) not disclose Confidential Information to third parties except as permitted herein; and (c) protect Confidential Information with at least the same degree of care used to protect its own confidential information, but no less than reasonable care.

Confidential Information does not include information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was known to the receiving party prior to disclosure; (iii) is independently developed without use of Confidential Information; or (iv) is rightfully obtained from a third party without restriction.

14. Limitation of Liability

14.1 Cap on Liability

To the maximum extent permitted by applicable law, EvalX's total aggregate liability for all claims arising out of or relating to these Terms or the Platform shall not exceed the greater of: (a) the total fees paid by you to EvalX during the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100).

14.2 Exclusion of Consequential Damages

In no event shall EvalX be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, goodwill, or anticipated savings, regardless of the theory of liability and even if EvalX has been advised of the possibility of such damages.

14.3 Specific Exclusions

Without limiting the foregoing, EvalX is not liable for:

• Hiring decisions made by Operators based on Evaluation Outputs.
• Inaccuracies, errors, or omissions in AI-generated evaluations.
• Actions or omissions of third-party AI providers (Anthropic, OpenAI, Google).
• Candidate performance in actual employment following an evaluation.
• Loss or corruption of data due to circumstances beyond our reasonable control.

14.4 Essential Basis

The limitations in this Section 14 reflect a reasonable allocation of risk and are an essential basis of the bargain between the parties. The Platform would not be provided without these limitations.

15. Indemnification

15.1 Your Indemnification of EvalX

You agree to indemnify, defend, and hold harmless EvalX and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your Content; (e) any hiring decision you make based on Evaluation Outputs; or (f) any claim by a Candidate related to your use of the Platform.

15.2 EvalX Indemnification

EvalX will indemnify you against third-party claims that the Platform, as provided by EvalX, infringes a valid patent, copyright, or trademark of a third party, provided that you promptly notify us, grant us sole control of the defense, and cooperate as reasonably requested.

16. Warranty Disclaimers

The Platform is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

EvalX does not warrant that: (a) the Platform will be uninterrupted, error-free, or secure; (b) AI evaluations will be accurate, complete, or free from bias; (c) the Platform will meet your specific requirements; or (d) defects will be corrected. You use the Platform at your own risk.

17. Termination & Suspension

17.1 Termination by You

You may terminate your account at any time by contacting us at support@eval-x.com. Upon termination, your right to access the Platform ceases. Prepaid fees for unused portions of the current billing period are non-refundable unless required by applicable law.

17.2 Termination by EvalX

We may suspend or terminate your account immediately if you: (a) violate these Terms or our Acceptable Use Policy; (b) fail to pay applicable fees; (c) engage in fraudulent or illegal activity; or (d) pose a security risk to the Platform. We will provide notice where practicable.

17.3 Effect of Termination

Upon termination: (a) all licenses granted under these Terms immediately cease; (b) you must cease all use of the Platform; (c) we will retain your data for 90 days, during which you may request an export of your Content; and (d) after 90 days, we will delete your data unless retention is required by law.

17.4 Survival

Sections 7 (Intellectual Property), 13 (Confidentiality), 14 (Limitation of Liability), 15 (Indemnification), 16 (Warranty Disclaimers), 18 (Dispute Resolution), and 19 (Governing Law) survive termination of these Terms.

18. Dispute Resolution

18.1 Informal Resolution

Before initiating any formal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at legal@eval-x.com. We will attempt to resolve disputes within 30 days of receiving notice.

18.2 Arbitration

If informal resolution is unsuccessful, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

18.3 Exceptions

The following are excluded from the arbitration requirement: (a) disputes that qualify for small claims court; (b) actions to protect intellectual property rights; (c) claims for injunctive relief to prevent imminent harm; and (d) disputes where arbitration is prohibited by applicable law.

18.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. If this class action waiver is found unenforceable, the entire arbitration provision shall be void.

18.5 Israeli Customers

For Operators domiciled in Israel, either party may elect to submit disputes to arbitration under the Israeli Arbitration Law, 5728-1968, conducted in Tel Aviv, Israel, in Hebrew or English (as agreed by the parties).

19. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

For Operators domiciled in Israel, these Terms shall be governed by the laws of the State of Israel, and the competent courts of Tel Aviv-Jaffa shall have exclusive jurisdiction, unless the parties agree to arbitration under Section 18.5.

For Operators domiciled in the European Economic Area, nothing in these Terms affects your rights under mandatory consumer protection laws of your country of residence.

20. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email and/or by posting a prominent notice on the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform and may terminate your account.

21. Miscellaneous

21.1 Entire Agreement

These Terms, together with our Privacy Policy and any Enterprise agreement, constitute the entire agreement between you and EvalX regarding the Platform, superseding all prior agreements, representations, and understandings.

21.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

21.3 Waiver

The failure of EvalX to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of EvalX.

21.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. EvalX may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, provided the assignee assumes all obligations under these Terms.

21.5 Force Majeure

EvalX shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, pandemics, internet or telecommunications failures, power outages, strikes, cyber attacks, and outages or limitations of third-party AI providers (Anthropic, OpenAI, Google).

21.6 Notices

Notices to EvalX must be sent to legal@eval-x.com. Notices to you will be sent to the email address associated with your account. Email notices are deemed received 24 hours after sending.

21.7 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and EvalX. Neither party has the authority to bind the other.

22. Contact Information

If you have questions about these Terms of Service, please contact us at: