Terms of Service

These Terms of Service (the "Terms") govern access to and use of the MTestHub websites, web applications, AI-assisted recruiting functionality, candidate screening, skills assessments, interview and hiring workflows, video and audio response features, application programming interfaces and integrations where made available, and related services (together, the "Service"), provided by MTestHub, Inc. ("MTestHub", "we", "us").

By creating an account, clicking to accept, or accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service. The Privacy Policy explains how we handle personal data and forms part of how the Service operates.

You represent that you have the legal capacity to enter into these Terms. If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation, and "you" and "Customer" refer to that organisation and its authorised users.

You must provide accurate, current information when registering and keep it up to date. You are responsible for safeguarding credentials, for activity under your account, and for ensuring that only authorised users access your workspace.

Credentials are personal to each user and may not be shared, except where the Service expressly supports shared or delegated access. You must promptly notify us at contact@mtesthub.com of any suspected unauthorised access or security incident affecting your account.

Customer is responsible for its hiring and recruitment practices, including: complying with applicable employment, anti-discrimination, data-protection and labour laws; lawfully collecting candidate information; giving candidates any required notices and obtaining any required consents; using job-related assessment criteria; providing reasonable accommodations where required; ensuring appropriate human review of consequential decisions; and using candidate information only for authorised purposes.

MTestHub does not provide legal advice and does not guarantee that any particular hiring process complies with the laws applicable to Customer.

The Service may provide AI-assisted screening, ranking, summaries, assessment generation, evidence extraction, transcription, recommendations and workflow suggestions. AI outputs are generated automatically, may be incomplete or inaccurate, and should be reviewed before they are relied on.

MTestHub is a decision-support and workflow platform. It does not make final employment decisions. Authorised people at Customer remain responsible for evaluating candidates and for every consequential hiring decision, including whether to advance, reject, assess or hire a candidate.

"Customer Data" means data and materials submitted to the Service by or for Customer, including: "Candidate Data" (information about applicants and candidates, including CVs, application answers, assessment responses and video or audio recordings); "User Content" (job descriptions, notes, messages and other content created by users); "Assessment Content" created by Customer; and other uploaded materials.

As between the parties, Customer retains its rights in Customer Data. Customer grants MTestHub a limited, non-exclusive right to host, store, process, transmit, analyse, display, secure and back up Customer Data solely as needed to provide, maintain, secure and support the Service, to comply with law, and as otherwise instructed by Customer. MTestHub does not sell Customer Data and does not claim ownership of it because it passes through the Service. Processing of personal data is further governed by the Privacy Policy and, where applicable, the Data Processing Addendum.

Assessments created by Customer, and customer-specific assessments generated at Customer's direction for Customer's roles, are treated as Customer Data and may be used by Customer for its internal hiring purposes, including after termination where exported.

MTestHub's own question banks, assessment libraries, templates, rubrics and scoring frameworks, and any third-party content made available through the Service, remain the property of MTestHub, its licensors or the relevant third party. They are licensed for use within the Service only and may not be extracted, copied in bulk, republished or used outside the Service except as expressly permitted.

MTestHub and its licensors retain all right, title and interest in and to the Service and associated intellectual property, including, where applicable: software, source code and object code; architecture and data structures; user-interface elements and design systems; workflows; models, algorithms, scoring methodologies and evaluation frameworks; assessment technology, prompts, prompt structures, rubrics and taxonomies; documentation, templates, reports and graphics; branding, trademarks and trade names; know-how and confidential methods; and improvements to any of the foregoing. No rights are granted except as expressly stated in these Terms.

These Terms do not grant MTestHub rights in general ideas, concepts or methods that are publicly known or independently developed, and nothing in these Terms is intended to restrict lawful independent development that does not use MTestHub's proprietary materials or confidential information.

Subject to these Terms and payment of applicable fees, MTestHub grants Customer a limited, non-exclusive, non-transferable, non-sublicensable (except to its authorised users) and revocable right to access and use the Service during the applicable subscription or pilot term for Customer's internal business purposes. No ownership interest is transferred.

Customer and its users may capture screenshots and share outputs as reasonably necessary for internal business use, such as internal reporting, training and hiring-team collaboration.

Except as expressly authorised in writing by MTestHub, and to the maximum extent permitted by applicable law, you must not, and must not permit others to:

•copy, reproduce, republish or create derivative works from substantial portions of the Service, its proprietary interface elements, workflows, documentation, templates or assessment libraries, including systematic capture of screens or flows designed to replicate the Service;

•reverse engineer, decompile, disassemble, decode or otherwise attempt to derive source code, underlying structure, model configuration, scoring logic or other non-public methods of the Service, or probe it to discover security mechanisms, except to the extent such a restriction is prohibited by applicable law;

•use scraping, crawling, bots, screen scraping, automated extraction, bulk copying or data harvesting to access or extract content or data from the Service, or circumvent APIs, other than through APIs and methods MTestHub makes available for that purpose;

•attempt to obtain or reconstruct system prompts, hidden instructions, evaluation prompts, prompt chains, model-routing logic, ranking methods, internal scoring thresholds, private rubrics or security configuration, whether through prompt injection, repeated or adversarial querying or other unauthorised techniques;

•use MTestHub proprietary outputs, non-public documentation, private evaluation logic, protected assessment content or MTestHub confidential information to train, fine-tune, distil, benchmark or develop a competing AI model, product or service;

•access or use the Service primarily for the purpose of developing, designing, benchmarking, testing, improving or commercialising a substantially competing product or service through use of MTestHub's proprietary materials or confidential information;

•publish or use non-public competitive benchmarking, feature-replication studies, systematic UX mapping, architecture analysis or model-behaviour extraction derived from access to the Service, without MTestHub's prior written permission (this does not restrict ordinary reviews or opinions, or any right that cannot lawfully be limited);

•resell, rent, lease, timeshare, sublicense or provide the Service on a service-bureau basis, or resell or transfer credentials, except under a written reseller, partner or channel agreement; or

•remove or obscure proprietary notices.

Customer's own data remains Customer's to use outside the Service; these restrictions apply to MTestHub's proprietary materials and confidential information, not to Customer Data.

You must not use the Service for illegal activity; unlawful discrimination; harassment; fraud or impersonation; uploading malware or malicious content; unauthorised surveillance or unlawful profiling of candidates; infringement of intellectual-property or privacy rights; or any attempt to access another customer's workspace or data.

You must not bypass or attempt to bypass usage limits, subscription or billing restrictions, feature controls, role-based permissions, tenant isolation or other security controls, or access candidate data you are not authorised to access.

Penetration testing, vulnerability scanning, load testing, credential attacks and other security probing are not permitted without MTestHub's prior written authorisation or as permitted by a published vulnerability-disclosure programme. Suspected vulnerabilities may be reported to contact@mtesthub.com.

Where MTestHub provides APIs, API access is licensed under these Terms, requires authentication, is subject to rate limits and documentation, and may not be used to replicate the Service, circumvent its controls or redistribute data except as authorised. Integrations with third-party services (for example payment, AI, calendar, communications, storage and infrastructure providers) are subject to those providers' terms. MTestHub is not responsible for third-party services. Current subprocessors are listed in the Trust Center.

Certain non-public aspects of the Service, including non-public technical, security, methodological, product and commercial information, may constitute MTestHub confidential information and trade secrets. Information that is public, already known to the recipient without restriction, independently developed, or lawfully received from a third party is not confidential information.

Each party that receives the other's confidential information in connection with the Service will use it only to exercise its rights and perform its obligations under these Terms, protect it with at least reasonable care, and not disclose it except to personnel and advisers who need to know it and are bound by confidentiality obligations, or as required by law. You must not acquire, use, disclose, transmit, publish or otherwise exploit MTestHub confidential information or trade secrets without authorisation.

These Terms do not replace any separately executed non-disclosure, enterprise, partner, vendor, employment or contractor agreement. MTestHub may require a signed NDA before sharing non-public architecture, security documentation, roadmaps or other sensitive information.

MTestHub names, logos and marks are protected. No trademark licence is granted except for limited use expressly approved in writing; partner and reseller use of MTestHub marks is governed by the applicable agreement.

If you voluntarily provide suggestions, ideas or feedback about the Service, MTestHub may use them to improve its products and services without obligation to you. This does not transfer ownership of your unrelated confidential information or intellectual property.

Paid plans are billed in advance for the selected billing cycle (monthly or annual) at the prices shown at purchase or in an order form, and renew automatically for successive periods of the same length unless cancelled before renewal. Plans include usage allowances; additional usage may require an upgrade. Plan changes take effect when made and may be prorated, as shown before you confirm; cancellations take effect at the end of the current billing period. Fees are exclusive of taxes, which Customer is responsible for unless MTestHub is required to collect them. MTestHub may change prices for future renewal periods with reasonable advance notice. Except as required by law or stated in an order form, fees are non-refundable.

Free trials and premium pilots provide access to the features and usage allowances described at sign-up for the stated period. A pilot that does not collect payment details does not convert automatically to a paid plan and is not charged when it ends; to continue creating new activity, Customer may choose a paid plan. After a pilot ends, existing workspace data remains available in accordance with the Privacy Policy and retention settings. MTestHub may modify or end free offers prospectively.

MTestHub may suspend access, in whole or in part, where reasonably necessary to address a security threat, suspected fraud, illegal use, unauthorised exploitation of MTestHub intellectual property or confidential information, a material breach of these Terms, non-payment, or a risk of harm to the Service or other customers. Where practicable, we will give notice and an opportunity to resolve the issue, and we will restore access once the cause is resolved.

Customer may stop using the Service and cancel at any time through account settings or by contacting us. MTestHub may terminate these Terms for material breach not cured within 30 days of notice, immediately for serious or repeated violations, or on reasonable notice if it discontinues the Service. On termination, access ends, outstanding fees become due, and Customer Data is handled in accordance with the Privacy Policy, the Data Processing Addendum and retention settings, including any export window offered.

Provisions that by their nature should survive termination survive, including those on intellectual property, confidentiality and trade secrets, restrictions, payment obligations, disclaimers, limitation of liability, indemnification and dispute resolution.

MTestHub may modify, add or remove features to improve, secure or maintain the Service, and does not promise that any particular feature will remain available indefinitely. We will give reasonable notice of changes that materially reduce core functionality of a paid plan during its current term.

We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. Any service-level commitment applies only where set out in a signed agreement or SLA.

To the maximum extent permitted by applicable law, the Service, AI outputs, assessment results, recommendations and third-party services are provided "as is" and "as available". MTestHub disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, and does not warrant the accuracy of candidate-supplied information, any employment outcome, or that AI outputs will be complete or error-free. Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, business opportunities, goodwill or data, arising out of or relating to these Terms or the Service, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, each party's total aggregate liability arising out of or relating to these Terms or the Service will not exceed the amounts paid or payable by Customer to MTestHub for the Service in the twelve (12) months before the event giving rise to the claim (or, for free trials and pilots, one hundred US dollars (US$100)).

These limitations do not apply to Customer's payment obligations, either party's indemnification obligations, breaches of the Restrictions or Confidentiality sections, infringement or misappropriation of the other party's intellectual property, or liability that cannot be limited under applicable law.

Customer will defend and indemnify MTestHub against third-party claims, and related losses and reasonable costs, arising from Customer Data that Customer had no right to submit, Customer's hiring decisions and practices, content provided by Customer that infringes third-party rights, or Customer's misuse of the Service in violation of these Terms. MTestHub will promptly notify Customer of the claim, allow Customer to control the defence, and reasonably cooperate at Customer's expense.

MTestHub may investigate suspected misuse of the Service, preserve relevant records, suspend or terminate access as described above, and pursue contractual and intellectual-property remedies. Because unauthorised use of MTestHub's proprietary materials or confidential information may cause harm that money cannot adequately remedy, MTestHub may seek injunctive or other equitable relief where available under applicable law, in addition to other remedies.

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws rules. Each party submits to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, United States.

MTestHub serves customers in many jurisdictions. Nothing in these Terms deprives you of mandatory protections under the consumer, privacy, data-protection or employment laws of your jurisdiction that cannot be excluded by agreement.

Where Customer and MTestHub have signed a master services agreement, order form, enterprise agreement, data processing addendum or other written agreement covering the Service, that agreement prevails over these Terms to the extent of any conflict, followed by the order form, the Data Processing Addendum and then these Terms, unless the signed agreement states otherwise.

We may update these Terms from time to time. The "Last updated" date shows when they last changed. For material changes, we will provide notice by email or in the Service and, where required, ask you to acknowledge the updated Terms. Continued use after changes take effect constitutes acceptance to the extent permitted by law.

Customer may not assign these Terms without MTestHub's consent, except in connection with a merger or sale of substantially all of its assets. If any provision is unenforceable, it will be enforced to the maximum extent permissible and the rest remains in effect. Failure to enforce a provision is not a waiver. These Terms, together with documents referenced in them, are the entire agreement on their subject matter. These Terms may be provided in more than one language; if there is any conflict, the English version controls.

Questions about these Terms: contact@mtesthub.com.