Terms of Service

Last updated September 24, 2026

Written in plain English so a small-business owner can actually read it.

The short version

This summary is for convenience. The sections below are the actual agreement.

• What you get. A subscription to VerticalFit’s role-based hiring assessments, for use inside your own business.
• What it is. A structured questionnaire that scores candidates against the traits a role calls for. It is a screening aid, one input among several.
• What it isn’t. Not a background check, not a medical or psychological evaluation, not a guarantee that any hire will work out, and not a substitute for your own judgment. You make the hiring decision. Always. You must not use a VerticalFit score as the only reason to hire or reject anyone.
• Texas only, for now. The service is offered for hiring roles based in Texas. Talk to us before using it elsewhere.
• You follow employment law. You are the employer. Notifying candidates, providing accommodations, keeping records and complying with hiring law are your responsibilities.
• $99 per month. Cancel any time, effective at the end of the month you’ve paid for.
• Candidate data goes to you. Reports go straight to your own results spreadsheet and are emailed from your own Google account. VerticalFit does not keep a database of candidates and never receives your reports.
• The questions are ours. You may use the reports freely inside your business. You may not copy, resell or republish the assessment itself.

1. This agreement

1.1 These Terms of Service are an agreement between VerticalFit LLC, a Texas limited liability company (“VerticalFit,” “we,” “us”), and the business that subscribes to the service (“you,” “your,” “Customer”).

1.2 You accept these terms when you enter an access code in the employer portal and tick the acceptance box, or when you first use the service, whichever happens first. If you do not accept them, do not use the service.

1.3 The person accepting these terms represents that they are at least 18 years old and authorised to enter into agreements on behalf of the Customer.

1.4 “Candidate” means a person invited by you to complete a VerticalFit assessment. Candidates are not parties to this agreement and are not VerticalFit’s customers.

1.5 These terms, together with our Privacy Policy, are the entire agreement between us about the service, and replace any earlier discussions or proposals.

2. What the service is

2.1 VerticalFit provides structured pre-hire assessments. A candidate answers a set of statements about how they tend to work. Their answers are scored against six behavioural dimensions, weighted for the specific role you selected, and a report is delivered to the recipient you designate.

2.2 The assessment measures self-reported work style and preferences. It is a screening and interview-guide aid, intended to be used alongside a structured interview, reference checks and any work sample you use.

What the service is not

2.3 VerticalFit is not any of the following, and you agree not to use or describe it as any of them:

• a background check, consumer report or credit report;
• a medical, psychological, psychiatric or clinical evaluation, or a test for any health condition or disability;
• a test of intelligence, aptitude, honesty or criminal propensity;
• a guarantee or prediction that any candidate will perform well, stay in the role, or be suitable;
• legal advice, or a substitute for your own legal or HR judgment.

2.4 No validation study has been conducted to date. VerticalFit’s items are original and were written to measure the traits described, but we have not yet completed a formal study demonstrating that scores predict job performance. We tell you this plainly so you can weigh it. We will inform subscribers if and when validation evidence becomes available.

2.5 Scores are produced by fixed arithmetic weights written by us. There is no machine learning, no model trained on past hiring outcomes, and no use of any data about the candidate other than the answers they provide.

3. Who may use the service

3.1 Employers only. The service is sold to businesses for use in their own hiring. It is not for consumers and not for individuals assessing themselves.

3.2 Texas roles only. The service is currently offered for assessing candidates for positions based in Texas. Several states and cities regulate automated hiring tools in ways VerticalFit does not yet support. You agree:

• to use the service only for roles based in Texas; and
• to contact us before assessing a candidate for a role based elsewhere, or a candidate you know to be located outside Texas.

We will lift this restriction market by market and will tell subscribers when we do.

3.3 Internal use only. You may use the service only for your own hiring. You may not:

• resell, sublicense or provide the service to another business;
• use it as a staffing agency, recruiter or consultant assessing candidates on behalf of a third party, unless we agree in writing;
• use it to assess your existing employees for discipline or termination, which the service was not designed for;
• share your access code outside your organisation.

3.4 One subscription per business. An access code is issued to a single business. Related businesses under common ownership need separate subscriptions unless we agree otherwise in writing.

3.5 We may decline or end service to any business at our discretion, including where we believe the service is being used in a way that could harm candidates.

4. Your responsibilities as the employer

You are the employer. VerticalFit is a tool you choose to use. The hiring decision, and the legal responsibility for it, remain yours.

4.1 Never the sole basis. You will not use a VerticalFit score, recommendation or report as the only reason to hire, reject, promote or decline any person. A person at your business must review each candidate alongside other information, such as an interview, references, experience, or a work sample.

4.2 Comply with hiring law. You are responsible for complying with all laws that apply to your hiring, including federal anti-discrimination law (Title VII, the ADA and the ADEA), Texas law, and any local requirements. Nothing in the service relieves you of those duties.

4.3 Tell candidates. The assessment displays a notice to each candidate explaining what it is and that a person makes the decision. You will not remove, obscure or contradict that notice, and you will answer candidates’ questions about how you use the results.

4.4 Provide accommodations. If a candidate requests an adjustment because of a disability, such as extra time, a different format or assistance, you are responsible for handling that request under the ADA. Contact us and we will help where we reasonably can.

4.5 Do not reject on the session notes. Each report includes observations about how the session went, such as pace and answer patterns. These are advisory signals, not evidence of anything. You will not treat them as a sole or primary reason to reject a candidate.

4.6 Keep your records. Federal rules generally require employers to retain hiring records, including completed assessments, for at least one year, and longer if a complaint is filed. VerticalFit does not store these for you. Retaining them is your responsibility.

4.7 Keep results confidential. Reports contain personal information about a candidate. You will share them only with people at your business who need them for the hiring decision, and you will store them securely.

4.8 Use the right role. Select the role that genuinely matches the position. Scores are weighted per role and are not meaningful if the wrong one is chosen.

4.9 Be accurate with us. Information you enter, such as your company name, the results recipient and candidates’ details, must be accurate and provided with authority.

4.10 Set up your results sheet. Reports are filed and emailed by a results spreadsheet in your own Google account (a free Google account works). Setting it up, including allowing it to send email from your account, is part of getting started, and keeping it connected is your responsibility. If it isn’t connected, candidates may be asked to email their report to you themselves.

5. Access codes

5.1 We issue an access code once your first month’s subscription is paid. The code unlocks the employer portal.

5.2 The code is for your business only. You will not share it outside your organisation, publish it, or help anyone else use the service without a subscription.

5.3 Tell us promptly if you believe your code has been shared or misused. We may issue a replacement and disable the old one.

5.4 You are responsible for what happens under your code, including use by your employees.

5.5 Be aware of the limits. Portal settings and your invited-candidate list are stored in the browser you use, not on our servers. If you clear your browser data or switch devices, you will need to enter your code and settings again. The portal is a lightweight lock, not an individually authenticated account system; account-based access is planned.

6. Subscription and billing

6.1 Price. $99 per month, in US dollars, per business. Assessments are unlimited. We do not charge per candidate or per role.

6.2 Founding rate. If your subscription began at the founding rate, that price stays fixed for as long as your subscription remains active and uninterrupted. If you cancel and later return, the then-current price applies.

6.3 Billing. The first month is payable before your access code is issued. After that, the subscription renews monthly on the same date until cancelled.

6.4 Cancellation. You may cancel at any time. Cancellation takes effect at the end of the month you have already paid for. We do not pro-rate partial months.

6.5 Refunds. Monthly fees are non-refundable once the month has begun, except where required by law or where we decide otherwise in our discretion.

6.6 Price changes. We may change the price for future terms with at least 30 days’ notice, subject to the founding-rate commitment in 6.2. If you do not accept a change, you may cancel before it takes effect.

6.7 Non-payment. If a payment fails, we may suspend access until it is resolved. Candidate links already issued may stop working during suspension.

6.8 Taxes. Prices exclude any applicable sales or use taxes, which are your responsibility if they apply.

7. Candidate data

7.1 What is collected. When a candidate completes an assessment, the service collects their name, email address, phone number, their answers, the name they type to confirm identity, and basic information about how the session went. Nothing else. We do not collect résumés, social media, public records or any data from third parties.

7.2 You control it. Scoring happens in the candidate’s browser. The completed report is sent directly to your own results spreadsheet, which files it and emails it from your own Google account to the recipient you designate. VerticalFit is not part of that path, does not operate a database of candidates, and never receives your reports.

7.3 Your obligations. As the employer, you decide how long to keep candidate data and who sees it. You are responsible for handling it lawfully and for your own record-retention duties (see 4.6).

7.4 Service providers. Report delivery runs on your own Google account and results spreadsheet. Our Privacy Policy describes the providers involved in the service.

7.5 What we may use. We may use information about how the service is used, such as volumes, timings, error reports and aggregate, de-identified statistics, to operate and improve the service, including to study whether the assessment produces fair outcomes. Usage records never include a candidate’s name, contact details, answers or scores. We will not sell candidate data, and we will not publish anything that identifies a candidate or your business without your permission.

7.6 Adverse-impact analysis. We may ask you to share anonymised hiring outcomes so we can check the assessment for fairness across groups. Participation is voluntary, would be subject to a separate written agreement, and is not a condition of your subscription.

8. Intellectual property

8.1 Ours. The assessment items, the six-dimension framework, the role weightings, the scoring method, the report format, the software, the VerticalFit name and logo, and all related materials are owned by VerticalFit LLC. All assessment items are original work written for this service.

8.2 Your licence. While your subscription is active, you may use the service and the reports it produces for your own hiring. That licence is non-exclusive, non-transferable and limited to internal use.

8.3 Your reports stay yours to keep. Reports you have already received remain yours after your subscription ends. You may keep and use them for your hiring records, which you may be legally required to do.

8.4 What you may not do. You may not:

• copy, reproduce or republish the assessment questions;
• build a competing product from the questions, framework or scoring;
• reverse-engineer or extract the scoring logic;
• remove or alter any VerticalFit notice or attribution;
• use the VerticalFit name or logo except to say factually that you use the service.

8.5 Candidates. Candidates may discuss their own experience of taking the assessment. They may not reproduce or publish the questions.

8.6 Feedback. If you suggest improvements, we may use them without obligation or payment.

9. Disclaimers, liability and indemnity

9.1 No warranties

The service is provided “as is.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. In particular, we do not warrant that:

• assessment results are accurate predictors of job performance, tenure or suitability;
• the service will be uninterrupted or error-free;
• reports will be delivered without delay or failure, since delivery depends on your Google account, your results sheet, email and other services outside our control;
• use of the service will comply with the laws that apply to your business. That is your responsibility.

9.2 Hiring decisions are yours

We are not responsible for any hiring decision you make, or for the consequences of one, including the performance, conduct or departure of anyone you hire, or any claim brought by a candidate you did not hire.

9.3 Limitation of liability

To the fullest extent permitted by law:

• neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost business or reputational harm;
• our total liability arising out of or relating to the service will not exceed the total fees you paid us in the 12 months before the claim arose.

9.4 Indemnity

You will defend and indemnify VerticalFit against claims arising from:

• your hiring decisions;
• your use of the service in breach of these terms, including use outside Texas or as the sole basis for a decision;
• your failure to comply with employment, privacy or record-keeping law;
• your handling of candidate data, including reports filed in your results sheet or received by email.

10. Term, suspension and changes

10.1 Term. This agreement starts when you accept these terms and continues until either of us ends it.

10.2 Your cancellation. Cancel any time under section 6.4.

10.3 Our suspension or termination. We may suspend or end your access, with notice where practical, if you:

• fail to pay;
• breach these terms, particularly the responsibilities in section 4;
• use the service in a way that we reasonably believe could harm candidates or expose either of us to legal risk; or
• share your access code outside your organisation.

Where a breach can be fixed, we will normally give you a chance to fix it first.

10.4 We may discontinue the service. If we stop offering the service, we will give at least 30 days’ notice and refund any prepaid period you have not used.

10.5 What survives. Sections on intellectual property, disclaimers, liability, indemnity and governing law survive termination. So does your right to keep reports you already received (8.3).

10.6 Changes to these terms. We may update these terms. For material changes we will give at least 30 days’ notice by email to your designated recipient and by posting the updated terms with a new date. Continuing to use the service after that means you accept the change. If you do not, cancel before it takes effect.

10.7 Changes to the service. We may add, change or remove industries, roles, questions or features. We will not change anything in a way that materially reduces what you get without notice.

11. Governing law and disputes

11.1 Governing law. These terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules.

11.2 Venue. Any dispute will be brought in the state or federal courts located in Bexar County, Texas, and both parties consent to that jurisdiction.

11.3 Talk first. Before filing anything, the parties will try in good faith to resolve the dispute, starting with written notice describing it and 30 days to respond.

11.4 No waiver. If we don’t enforce a provision right away, we haven’t given up the right to enforce it later.

11.5 Severability. If any provision is unenforceable, the rest stays in force and the unenforceable part is limited to the minimum extent necessary.

11.6 Assignment. You may not assign this agreement without our written consent, except to a successor of your business. We may assign it in connection with a merger, acquisition or sale of assets.

11.7 Force majeure. Neither party is liable for delays or failures caused by events outside its reasonable control.

11.8 No third-party beneficiaries. This agreement is between VerticalFit and the Customer. Candidates are not parties to it and gain no rights under it.

12. Contact

VerticalFit LLC · San Antonio, Texas employers@verticalfithiring.com · (210) 460-0246

Questions about these terms, or about using the service, can go to the same address.