Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and CodePanion ("Company," "we," "our," or "us") governing your access to and use of our website at hireaidev.com and our AI-native technical assessment platform (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In such cases, "you" and "your" shall refer to both you individually and the entity you represent.

To use the Service, you must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) and have the legal capacity to enter into a binding contract. By using the Service, you represent and warrant that you meet these eligibility requirements.

If you are using the Service on behalf of an organization, you represent and warrant that you are authorized to accept these Terms on behalf of your organization and bind your organization to these Terms.

CodePanion provides a business-to-business (B2B) software-as-a-service (SaaS) platform that enables companies to evaluate developer candidates through AI-native technical assessments. The Service includes:

• Creation and administration of technical assessment challenges
• Evaluation of candidates' ability to use AI coding tools (such as Claude Code, GitHub Copilot, and Cursor) effectively
• Performance analytics and reporting
• OpenBadges 3.0 certification issuance and verification
• Integration capabilities with hiring workflows

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

4.1 Account Creation

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the confidentiality of your login credentials
• Notify us immediately of any unauthorized access to or use of your account
• Accept responsibility for all activities that occur under your account

4.2 Company Accounts

For company accounts, the individual creating the account must be duly authorized to act on behalf of the company. The company shall be responsible for all users it authorizes to access the Service and for ensuring their compliance with these Terms.

4.3 Account Security

You are solely responsible for maintaining the security of your account. We shall not be liable for any loss or damage arising from your failure to protect your account credentials.

We may offer a beta program for select companies ("Beta Program"). Participation in the Beta Program is subject to the following additional terms:

5.1 Limited Availability

The Beta Program is limited to a select number of founding companies. Acceptance into the Beta Program is at our sole discretion.

5.2 Beta Program Benefits

Beta Program participants may receive certain benefits, which may include complimentary access, priority support, and input on product development. Specific benefits are subject to change and will be communicated to accepted participants.

5.3 Beta Service Acknowledgment

You acknowledge that the beta version of the Service may contain bugs, errors, or other issues. The Service is provided "as is" during the beta period, and we make no guarantees regarding availability, functionality, or performance. We may modify or discontinue any feature at any time without notice.

5.4 Feedback

Beta Program participants agree to provide reasonable feedback about the Service. Any feedback, suggestions, or ideas you provide become our property, and we may use such feedback without obligation or compensation to you.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Violate any applicable law, regulation, or third-party rights
• Provide false, misleading, or fraudulent information
• Engage in cheating, plagiarism, or academic dishonesty during assessments
• Manipulate or attempt to manipulate assessment results
• Access or attempt to access another user's account without authorization
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Attempt to probe, scan, or test the vulnerability of the Service without authorization
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Use automated systems, bots, or scripts to access the Service without our express written permission
• Collect, harvest, or store personal data of other users without their consent
• Transmit viruses, malware, or other malicious code
• Use the Service in any manner that could damage, disable, or impair the Service

We reserve the right to investigate and take appropriate action against anyone who violates this section, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

7.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, and underlying technology, is owned by CodePanion and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks, service marks, and logos may not be used without our prior written consent.

7.2 User Content

You retain ownership of any content, code, or materials you submit through the Service ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute such content solely for the purpose of providing and improving the Service.

7.3 Assessment Content

Companies retain ownership of assessment questions, challenges, and materials they create. Candidate submissions shall remain the property of the respective candidates, subject to a license granted to the administering company to evaluate and use such submissions for hiring decisions.

7.4 Certifications and Badges

Badges and certifications issued through our OpenBadges 3.0 system remain the property of CodePanion as the issuer. Badge recipients receive a non-exclusive, non-transferable license to display and share their earned badges.

8.1 Fair Evaluation

We are committed to providing fair and objective assessments. Assessment criteria are designed to evaluate real-world skills and effective use of AI coding tools based on standardized metrics.

8.2 Badge Issuance and Revocation

Badges are issued upon meeting specific, published criteria. We reserve the right to revoke badges if we determine, in our sole discretion, that they were obtained through fraud, cheating, misrepresentation, or violation of these Terms.

8.3 No Guarantee of Outcomes

We do not guarantee any specific hiring outcomes, employment results, or career advancement as a result of completing assessments or earning certifications.

9.1 Subscription Plans

Following any applicable free trial or beta period, access to the Service requires a paid subscription. Current pricing and plan details are available upon request. We reserve the right to modify pricing with reasonable notice.

9.2 Billing and Payment

Subscription fees are billed in advance on a monthly or annual basis, as selected by you. By providing payment information, you authorize us to charge the applicable fees to your designated payment method.

9.3 Refunds

Except as required by applicable law, subscription fees are non-refundable. We do not provide refunds or credits for partial subscription periods or unused features.

9.4 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Service, excluding taxes based on our net income.

Each party agrees to maintain the confidentiality of any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information"). Confidential Information shall not be disclosed to third parties without prior written consent, except as required by law or as necessary to provide the Service.

Our collection, use, and protection of personal data are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

For company accounts processing candidate personal data through the Service, we act as a data processor on your behalf. Upon request, we will enter into a Data Processing Agreement that complies with GDPR and other applicable data protection laws.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• CODEPANION AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.
• OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless CodePanion and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Any User Content you submit to the Service
• Any hiring decisions made based on assessment results

15.1 Termination by You

You may terminate your account at any time by contacting us at hello@codepanion.dev. Termination will take effect at the end of your current billing period.

15.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms, fraudulent activity, or non-payment of fees.

15.3 Effect of Termination

Upon termination, your right to access and use the Service will immediately cease. We may delete your account data in accordance with our data retention policies and applicable law. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification.

16.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at hello@codepanion.dev and attempt to resolve the dispute informally for at least thirty (30) days.

16.2 Binding Arbitration

If we cannot resolve the dispute informally, any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, except for disputes that may be brought in small claims court or where prohibited by law.

16.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which CodePanion is established, without regard to its conflict of law principles. For users in the European Union, nothing in these Terms affects your rights under mandatory consumer protection laws in your country of residence.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Last updated" date. For material changes, we will also notify registered users via email.

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service.

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and CodePanion regarding the Service and supersede all prior agreements and understandings.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations without restriction.

19.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

If you have any questions about these Terms, please contact us:

Email: hello@codepanion.dev