4. Your content and consent
On your own account you may submit only video or audio of yourself, knowingly, for yourself. Submitting
another person's video is a breach of these Terms and ends your account. Video in which another person
takes part, such as an interview or a call, is not measured.
Before an upload is measured, you record a short live clip in your browser. We confirm that the person in
the upload is the same person as in the clip. An upload that does not match is deleted without being
measured.
Face and voice. When you consent before your first session, you agree
that we collect and use scans of face geometry and voiceprints from your video and your clip, to produce your
results and to confirm that an upload shows you. We keep and destroy them as section 8 states.
You keep ownership of the video you submit. You grant us a license to host, process and analyze it to
operate, maintain and improve the Service, as section 7 describes.
6. Purchases, Practice, Pro, refunds
Free and paid. The test and your profile are free. Its chapters
are one purchase, at the price shown at purchase, attached to one session; a new session needs a new
purchase, except under Practice.
Practice. Practice is a monthly subscription open to anyone who
has bought their chapters. Its first month comes with that purchase. It continues after the first
month only if you choose so, at the price shown when you choose, and then renews monthly until you cancel.
It covers tests and practice recordings of yourself only, and each test under it comes with its
chapters. You may cancel at any time; Practice continues to the end of the period you have paid for, and
the profiles you have stay yours.
Pro. Pro is billed monthly. It includes a number of sessions each
month and charges each further session at the rates shown at purchase. A session that is rejected, or that
fails on our side, is not charged. You may cancel at any time; Pro continues to the end of the period you
have paid for.
Refunds. Purchases of chapters may be refunded on request within 30
days of purchase, with no reason needed. A refund closes that session's chapters; its free profile
stays. A month of Practice or Pro that has started is not refunded. Gift purchases are final and are not
refunded.
Gifts. A purchase may be a gift. The recipient redeems its code,
takes their own test, and owns the results; the buyer sees none of them. A gift applies to the recipient's
next session and includes its month of Practice. A gift is final: it is not refundable, whether or not
its code has been redeemed.
Referral commissions. An affiliate earns 50% of the first
payment made by an account that signed up within 60 days of last following the affiliate's
link, and 20% of that account's further payments in the 12 months after its first payment,
calculated on amounts paid before tax and net of refunds. A commission becomes payable 30 days
after its payment; a refund within that time cancels it. Payouts are monthly, once at least $50
is payable from at least 2
different buyers. Purchases by accounts the affiliate owns, controls or pays for earn nothing, and such
commissions may be voided before payout. An affiliate may not bid on "99traits" or its misspellings in paid
search, use web addresses that resemble ours, or run ads that look like ours. We ask for payout details,
including your legal name and tax details, when you request your first payout.
Price changes. Prices and commission rates may change for future
purchases, never for completed ones.
11. Pro and API terms
These apply to Pro accounts and to the API. Access is self-serve: creating an API key accepts these Terms
without a separate signature. Enterprise agreements are available on request.
You may submit only video of adults who knowingly agreed to be measured, and none of residents of
Illinois. Each upload and API request carries a consent reference that points to your own consent record for that person. You will produce
that record on request and are solely responsible for the consent. We may audit consent records and
suspend access where they fail.
For video you submit through an upload on a Pro account or through the API, we act as your processor. The
video is deleted once the results are ready. Results remain available for 30 days, or until you delete
them. Such video is not added to the reference group and is not used to train our models.
Usage is monitored, and unusual volume or patterns may lead to review. API access may be suspended
without prior notice.
Intended purpose. Pro and the API are intended for the development
of the people measured (coaching, practice and career services), research, content, features of your own
product for the person measured, and checking whether a video shows a real person. You may not use reports
or results to make or support decisions about a person's employment (hiring, screening, promotion,
termination, pay, tasks or performance monitoring), education (admission, grading or proctoring), credit,
insurance, housing or access to public services, or for law enforcement or immigration, or to infer a
person's emotions or sensitive characteristics. The check of whether a video shows a real person may be
used to screen for fraud, including in recruiting, provided a person reviews every flag before any
decision and the person checked is told that the check is used.
Your responsibility. You are responsible for how you use results
and for complying with the laws that apply to that use, including laws on data protection, biometric data,
automated decisions, employment and artificial intelligence. Any use outside the intended purpose is a
breach of these Terms made on your own responsibility; you will defend and indemnify us against claims
arising from it, and we may suspend access at once.
You may use results in your own products. You may not resell results as a competing service, or use
results to build or train models that compete with the Service. The API is
asynchronous and comes without uptime or latency guarantees. You will defend and indemnify us against
claims arising from video you submit or your use of results.
