Terms of Service

These Terms of Service (“Terms”) are a binding agreement between To Work & Keep, LLC (“To Work & Keep,” “we,” “us,” or “our”), the company that operates the Typing Insights platform, and the organization or person that accesses or uses our website, applications, and typing assessment services (the “Services”). By creating an account, clicking to accept, or otherwise accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

Please read Section 15 (Dispute Resolution; Arbitration; Class-Action Waiver) carefully. It requires most disputes to be resolved through individual binding arbitration and waives your right to a jury trial and to participate in class actions.

Typing Insights is an assessment tool, not a provider of legal, employment, or hiring advice. See Section 5.

1. Definitions

“Customer,” “you,” or “your” means the organization (and, where applicable, the individual) that registers for or uses the Services. “Authorized Users” are the individuals you permit to access the Services under your account (for example, your employees, administrators, and team members). “Participants” are the individuals to whom you administer assessments (for example, job applicants or candidates). “Customer Data” means data you or your Authorized Users submit to the Services, including Participant information and assessment results.

2. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Services. If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and “you” refers to that organization. You are responsible for maintaining the confidentiality of your account credentials, for all activity that occurs under your account and your Authorized Users, and for ensuring your Authorized Users comply with these Terms. Notify us promptly at legal@typinginsights.com of any unauthorized use. To the extent permitted by law, we are not liable for loss arising from unauthorized use of your account that is not caused by us.

3. Use of the Services

Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes during your subscription term. You agree to use the Services only for lawful business activities and in compliance with all applicable laws.

4. Acceptable Use

You agree that you will not, and will not permit anyone to:

• use the Services to collect sensitive personal information that is not reasonably necessary for hiring or performance evaluation, or that you are not permitted by law to collect;
• administer assessments to any Participant without a lawful basis and, where required, that Participant’s (or their guardian’s) consent;
• reverse engineer, decompile, copy, resell, sublicense, or create derivative works of the Services, except as permitted by law;
• probe, scan, or test the vulnerability of, or attempt to gain unauthorized access to, the Services or related systems;
• interfere with or disrupt the integrity or performance of the Services, or upload malware or unlawful, infringing, or harmful content; or
• use the Services to build a competing product or to benchmark for a competitor.

5. Assessments Are a Tool — Your Responsibility for Hiring Decisions

The Services provide typing-assessment data and analytics. They do not make, recommend, or dictate employment decisions, and assessment results are not a guarantee of any individual’s ability, performance, or suitability. You are solely responsible for how you use assessment results and for all hiring, screening, promotion, and other employment decisions. You are responsible for ensuring your use of the Services and of any results complies with all applicable employment, anti-discrimination, accessibility, and privacy laws — including, as applicable, Title VII, the Americans with Disabilities Act (including providing reasonable accommodations in testing), the Age Discrimination in Employment Act, and state and local laws governing employment screening and automated decision-making. You are responsible for validating any assessment for its intended use and for evaluating it for adverse or disparate impact. We disclaim all liability for employment decisions you make.

6. Customer Data; Your Representations

As between the parties, you own Customer Data. You grant us a non-exclusive, worldwide license to host, process, transmit, display, and use Customer Data solely to provide, secure, and improve the Services and as otherwise described in our Privacy Policy. For personal data of Participants, we act as your processor (service provider) and process such data on your behalf under our Data Processing Addendum, which is incorporated into these Terms. You represent and warrant that you have provided all notices and obtained all rights, consents, and legal bases necessary for us to process Customer Data as contemplated by these Terms, and that your Customer Data and its use do not violate any law or third-party right.

7. Fees, Billing, and Taxes

Fees and plan details are presented within the Services or on our website. Payments are processed by our third-party payment processor (Stripe); by providing a payment method you authorize us and our processor to charge all applicable fees to it.

• Subscriptions and renewal. Subscriptions auto-renew for successive terms (monthly or annual, as selected) at the then-current rates unless cancelled before the end of the current term. You may cancel at any time, effective at the end of your current term.
• Seats and add-ons. Certain plans are priced per seat or allow the purchase of additional seats. Added seats are billed at the applicable rate and may be prorated for the current term.
• Usage-based (pay-as-you-go) charges. Certain usage is billed based on metered activity and is charged in arrears as incurred.
• Non-refundable. Except where required by law or expressly stated in writing, all fees are non-refundable and are not subject to credit or set-off, including for partial periods or unused seats or usage.
• Taxes. Fees are exclusive of taxes; you are responsible for all applicable sales, use, VAT, and similar taxes, excluding taxes on our net income.
• Failed or late payment; price changes. If a charge fails or a payment is overdue, we may suspend the Services until amounts are paid. We may change fees, effective as of your next renewal term, on prior notice.

8. Intellectual Property

The Services, including all software, design, text, trademarks, and content (excluding Customer Data), are owned by To Work & Keep or its licensors and are protected by intellectual-property laws. Except for the limited rights expressly granted here, we reserve all rights. You may not use our name, logos, or trademarks without our prior written permission.

9. Feedback

If you provide suggestions, ideas, or feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback without restriction or obligation to you.

10. Third-Party Services

The Services rely on third-party providers (for example, hosting, payment, and email delivery) listed in our Sub-processors page. Your use of certain third-party services may be subject to their own terms, and we are not responsible for third-party services outside our control.

11. Confidentiality

Each party may access non-public information of the other that is marked or reasonably understood to be confidential (“Confidential Information”). The receiving party will use Confidential Information only to perform under these Terms and will protect it with at least reasonable care. Confidential Information excludes information that is public through no fault of the receiving party, independently developed, or rightfully received from a third party. This section does not limit our processing of Customer Data under the Privacy Policy and DPA.

12. Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR PREDICTIVE VALUE OF ASSESSMENT RESULTS. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND YOUR INDEMNIFICATION OBLIGATIONS, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND FORM AN ESSENTIAL BASIS OF THE BARGAIN.

14. Indemnification

You will defend, indemnify, and hold harmless To Work & Keep and its officers, employees, and agents from and against any third-party claims, damages, liabilities, and costs (including reasonable attorneys’ fees) arising out of or related to: (a) your Customer Data or your collection, use, or disclosure of Participant data; (b) your use of the Services or assessment results, including any employment or hiring decision; (c) your violation of these Terms or applicable law; or (d) your infringement or misappropriation of a third party’s rights. We will promptly notify you of the claim, give you control of the defense, and reasonably cooperate; you may not settle a claim in a way that imposes obligations on us without our consent.

15. Dispute Resolution; Arbitration; Class-Action Waiver

Please read this section carefully. Except for claims that qualify for small-claims court and requests for injunctive relief to protect intellectual property or Confidential Information, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration administered by JAMS under its applicable rules, seated in California, before a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this section.

You and we each waive the right to a trial by jury and the right to participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court. Before initiating arbitration, the parties will attempt in good faith to resolve the dispute informally by written notice for at least 30 days.

16. Term, Suspension, and Termination

These Terms apply while you use the Services. We may suspend or terminate your access if you violate these Terms, fail to pay, or engage in fraudulent, abusive, or harmful behavior, or as needed to comply with law or protect the Services. You may stop using the Services at any time. Upon termination, your right to use the Services ends. We will make Customer Data available for export or delete it as described in the Privacy Policy and DPA. Sections that by their nature should survive (including Sections 6–15 and 17) survive termination.

17. General

• Governing law. These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Subject to Section 15, the exclusive venue for any permitted court action is the state and federal courts located in California.
• Changes to the Terms. We may update these Terms from time to time. We will post the updated Terms with a revised “Last updated” date and, for material changes, provide reasonable notice. Your continued use of the Services after changes take effect constitutes acceptance.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Entire agreement; severability; waiver. These Terms, the Privacy Policy, and the DPA are the entire agreement between the parties on this subject. If any provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver.
• Notices. Legal notices to us must be sent to legal@typinginsights.com and to To Work & Keep, LLC, 27943 Seco Cyn Rd, Unit 503, Santa Clarita, CA 91350.

18. Contact

Questions about these Terms? Contact us at legal@typinginsights.com.