Terms of service

1What this covers

These terms govern your purchase and use of First Move Assessment, the pre-hire instinct assessment sold at firstmoveassessment.com. By buying a pack or signing in, you agree to them on behalf of yourself and the business you are hiring for.

First Move Assessment is operated by The Blue Collar Wave TA First Move Assessment. "We", "us" and "our" mean that operator. "You" means the person or business that bought the pack.

Two other documents sit beside this one: the privacy policy, which covers what we store about you and about the people you assess, and the legal disclosures on the sales page, which explain what the product is and is not. Where these terms and the disclosures differ, these terms control.

2Your account

There is no signup form. Your account is created by your first purchase, using the email address you bought with, and you receive an email with a link to set your password. That link is for you alone.

You are responsible for keeping your password to yourself and for everything done from your account. If you think somebody else has your password, change it from your account page or tell us at once.

One account belongs to one business. If you run several locations and want everyone in one account, that is what the Enterprise option is for. Talk to us.

3Credits and packs

You buy assessments in packs. Each pack adds a number of credits to your balance. One credit sends one assessment link to one candidate for one seat.

Prices are shown at checkout before you pay. Checkout is handled by a payment processor; we do not see or store your card number.

4Sending an assessment

To send an assessment you give us the candidate's name and email address, choose the trade, and choose the seat. We email the candidate a link. You confirm the cost before each send, and your new balance is shown after it.

Check the email address before you send. A link sent to the wrong address still spends the credit, and the person who receives it can sit the assessment.

Choose the seat with care. The report measures one person against one written seat standard. Sending the same person a second link for a different seat is a second send and spends a second credit.

5The candidate's side

The candidate clicks the link and takes the assessment in their browser. They do not create an account and they do not set a password. There is no clock: nothing counts down and the candidate may take as long as they like on any question. The whole thing usually takes ten to fifteen minutes.

The link works for 30 days from the day it is sent. After that it lapses, and you would need to send a fresh one.

The candidate does not receive a report. The report goes to you. If a candidate asks you what the assessment measured or what it said, that conversation is yours to have. See the privacy policy for what a candidate can ask us about their own data.

6The report

When the candidate finishes, you get an email and the report appears in your account the same day. The report describes how close that person's working instincts sit to what the chosen seat asks for, where the gaps are, what those gaps tend to cost in that seat, and what to ask in the interview.

The report is a reading, not a verdict. It reports a fit score out of 100 with its margin printed beside it, and a band word. A score between 40 and 59 is reported as Says Little, because the answers did not say enough to place the person against that seat. It is not a middling result. Where a sitting did not answer enough of the assessment to support a score, no score is shown anywhere.

The report never states or implies whether you should hire somebody. It does not rank one candidate against another, and it does not compare candidates. It measures one person against one seat.

Reports stay in your account so you can read them again. You may share a report inside your own business for hiring and management purposes. You may not publish it, sell it, or give it to the candidate as a substitute for your own decision and your own conversation.

7What the product is not

The legal disclosures set this out in full. In short, First Move Assessment is not a skills or trade-knowledge test, not an aptitude or IQ measure, not a personality typology, not a clinical or psychological evaluation, not a background check, not a consumer report, and not a screen for character. No study has been done correlating its scores with later job performance, and we make no claim that a score foretells how anyone will perform, how long they will stay, or whether they will succeed.

The score is not a rank and it does not place a person on any scale of other people. Two people can return the same band. A few points either side of a band line is not a meaningful difference between two people.

8Your responsibilities as the employer

You are the employer. Every hiring decision, and every legal duty attached to it, is yours. Use the report as one input alongside the interview, the ride-along, work history and references, never as the sole basis for a decision.

You are responsible for:

• having a lawful basis to give us a candidate's name and email address, and for any notice or consent your jurisdiction requires before an assessment is used in hiring;
• applying the assessment consistently to candidates for the same seat, rather than selectively;
• complying with federal, state and local employment law where you hire, including laws that govern automated tools used in hiring, which are changing quickly and differ by place;
• receiving and handling any request from a candidate for the assessment in a different format. The assessment tells candidates they can ask whoever sent the link for that, at no cost to them, and those requests come to you;
• keeping your own records of how the assessment was used in each hire.

Nothing we publish is legal advice. Have your own attorney look at how you plan to use the assessment before you put it in front of applicants.

9The guarantee and refunds

The guarantee applies once per customer, to the first completed assessment on the account. No form and no explanation are required: email us from the address on your account and say so.

Beyond that, credits used by completed assessments are not refundable, because the work has been delivered. Credits that return to your balance because a link expired unused are handled automatically under section 3. If something goes wrong on our side, such as a link that could not be opened or a report that did not arrive, tell us and we will put it right, which may mean returning the credit.

Unused credits are not refunded for cash. Where the law of your state gives you a refund right that these terms cannot limit, that right stands.

10Acceptable use

You may use First Move Assessment to assess people who are applying for, or already hold, a seat in your own business. You agree not to:

• send assessments to people who are not candidates or employees of your business, or resell or sublicense assessments to anyone else;
• copy, publish, scrape or redistribute the assessment items, the answer options, the seat standards or their benchmarks;
• reverse engineer or attempt to derive the scoring or the benchmarks, or use any output to build or train a competing product;
• share your login, or share report links outside your organization;
• describe the product to anyone, including candidates, in terms the disclosures say we do not claim for it;
• use the service in a way that breaks the law or infringes anyone's rights.

Publishing the items would make the assessment gameable and worthless to every other customer, which is why the scoring never reaches the candidate's browser.

11Our property

The assessment items, the seat standards and their benchmarks, the scoring formula, the report structure, the name First Move Assessment and the software are ours and are protected by copyright and other intellectual property law. Nothing in these terms transfers any of that to you.

Reports you receive are licensed to you for internal hiring and management use in your own business for as long as your account exists. The information you give us about a candidate remains that candidate's information and yours; you grant us the right to store and process it to provide the service, as the privacy policy describes.

12Availability and changes

We aim to keep the service available at all times, and sometimes it will not be, for maintenance or for reasons outside our control. A link that lapsed because the service was down is not counted against you: tell us and we will return the credit.

We improve the assessment and the reports over time. Seat standards, wording and the report format may change. A report already generated is not rewritten when that happens.

We may change these terms. If we do, the revised version is posted at this address with a new date at the top, and continuing to use the service after that date means you accept the revision. If a change materially reduces what you paid for, we will tell you by email before it takes effect.

13No warranty

The service is provided as is and as available. To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted or error free, or that any report will fit your expectations.

Nothing produced by the service, including report narratives, interview questions and management suggestions, is legal, human resources, medical, psychological or other professional advice.

14Limits on liability

To the fullest extent the law allows, our total liability arising out of or relating to your use of the service is limited to the amount you paid us in the twelve months before the claim arose. We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost business or the cost of substitute services, even if we were told they were possible.

You agree to indemnify us and hold us harmless from claims arising out of your use of the service, including employment decisions you make, your compliance or non-compliance with employment and privacy law, and information you submit about candidates.

Some states do not allow certain limitations, so parts of this section may not apply to you.

15Ending the agreement

You can stop using the service at any time. To close your account, email us from the address on the account; we will confirm what happens to your reports and any unused credits before we close it.

We may suspend or close an account that breaks section 10, or where we reasonably believe the service is being used to harm someone. Where we can, we will tell you why and give you a chance to put it right. Sections 7, 8, 11, 13, 14 and 16 survive the end of the agreement.

16Governing law

These terms are governed by the laws of Florida, without regard to its conflict of law rules. Any dispute that cannot be resolved by talking to us first will be heard in the state or federal courts located in Lee County, Florida, and you and we each consent to that venue.

17Contact

For anything in these terms, including the guarantee, a credit that should have returned, a deletion request or a legal notice: help@firstmoveassessment.com. We answer from that address, and every email we send about the service comes from First Move Assessment.