Limits, legal terms and disclaimers

FIRSTMOVE ASSESSMENT is a work-style assessment. It is presented to the candidate as one working day broken into short moments. Each moment shows two moves and the candidate picks one. Five practice screens come first and are not scored, then a morning and an afternoon, with two quick attention checks along the way. Depending on the seat, 60 or 72 of the moments are scored. Every screen is timed and every candidate gets the same clock. A fixed formula written by people scores those answers against a written standard for one specific seat, and returns a report to the employer.

FIRSTMOVE ASSESSMENT is not any of the following:

• Not a skills or trade-knowledge examination
• Not an aptitude or IQ measure
• Not a personality inventory or typology
• Not a clinical or psychological evaluation
• Not a background check, credit check or criminal record search
• Not an integrity or honesty screen

FIRSTMOVE ASSESSMENT does not make, recommend, or take part in any hiring decision. It reports a seat match against a written seat standard, shows where each question sat against where that seat needs a person, and suggests what to ask in an interview. No output states or implies that you should hire or not hire a person, and the system is built to refuse to produce one.

Every employment decision, and every legal duty that attaches to it, remains entirely yours.

We make no claim that FIRSTMOVE ASSESSMENT is EEOC-compliant, legally defensible, free of bias, or normed against any population. If you ever see a claim like that attached to this product, it did not come from us.

Use it as one input alongside the interview, the ride-along, work history and reference checks. Never as the sole basis for a decision.

FIRSTMOVE ASSESSMENT does not measure, screen for, diagnose, or ask about any physical or mental health condition, disability, medication, treatment history, or psychological disorder. No item asks about health, and the written report is prohibited in code from making clinical, diagnostic, or health-related statements.

It is not designed or intended to function as a medical examination under the Americans with Disabilities Act. Whether any particular use in your process raises an ADA question is a matter for your own counsel.

FIRSTMOVE ASSESSMENT is not a consumer reporting agency. We do not assemble or furnish consumer reports, investigative consumer reports, or any information covered by the Fair Credit Reporting Act, and the reports this product produces are not consumer reports.

If you also run background checks, drug screens, or credit checks, those go through separate vendors and carry their own notice, authorization and adverse-action obligations that have nothing to do with us.

You are responsible for complying with Title VII of the Civil Rights Act, the ADA, the ADEA, GINA, and every applicable state and local fair employment law in the places you hire.

That includes applying the assessment consistently to candidates for the same seat rather than selectively, keeping your own records of how it was used, and monitoring your own hiring outcomes for adverse impact.

We have not conducted an adverse impact study on this instrument and cannot tell you whether your particular use of it produces one. If selection rates in your process differ meaningfully across protected groups, that is something you need to investigate with your counsel, whatever tools you are using.

No machine learning model produces the score. Scoring is a fixed arithmetic formula written by people, and it returns the same result for the same answers every time.

No AI writes or scores any part of the report. Every written section is a fixed template filled in from the numbers that formula computed, so no candidate information is sent to any AI provider at any point.

Why we left AI out. First, you can check it: every number in the report comes from arithmetic that returns the same answer every time it runs, and an AI model can give two different answers to the same question. Second, it does not drift: an AI model can be changed by its maker without notice, which would quietly change what your reports say, while this formula changes only when we publish a new version, and every report records the version that scored it. Third, your candidate's answers stay with us and are never handed to an AI company. Fourth, the law treats AI in hiring as a special case, and most of the cost of that lands on the employer who uses it.

What the law says. These are the main rules in force or already passed as of September 2026. It is general information, not legal advice.

New York City, Local Law 144 of 2021 (NYC Administrative Code section 20-870 and following; rules at 6 RCNY section 5-300). An employer may not use an automated employment decision tool unless it has had an independent bias audit within the past year, a summary of that audit is published, and candidates are given notice at least 10 business days before it is used. The rules cover tools built with machine learning, statistical modeling, data analytics or AI in which a computer at least in part picks the inputs or how much each one counts, in order to make the result more accurate.

Illinois, Human Rights Act as amended by Public Act 103-0804 (775 ILCS 5/2-102, in force since January 1, 2026). An employer must tell applicants and employees when it uses artificial intelligence in hiring and other employment decisions, may not use AI in a way that discriminates against a protected class, and may not use ZIP codes as a stand-in for one.

California, Civil Rights Council regulations on automated-decision systems (California Code of Regulations, title 2, in force since October 1, 2025). These cover any computational process that makes or helps make an employment decision, including one built on algorithms or statistics rather than AI. A tool that screens people out on a protected characteristic can be unlawful whatever it is built on, and employers must keep the related records for four years.

Colorado, Senate Bill 26-189 (in force from January 1, 2027, replacing the state's 2024 AI Act). It covers automated decision-making technology, meaning any technology that uses computation on personal data to produce scores or other output used in a decision about a person, with or without AI. Employers must give notice at the point of use, explain the tool's role within 30 days of an adverse decision, and offer human review and reconsideration on request.

Federal law. Title VII of the Civil Rights Act, the Americans with Disabilities Act and the Age Discrimination in Employment Act apply to every selection procedure, AI or not, and the Uniform Guidelines on Employee Selection Procedures (29 CFR Part 1607) set out how adverse impact is judged.

What that means for you. Leaving AI out keeps this tool clear of the parts of these laws written around AI and machine learning. It does not take it outside all of them. California and Colorado define the tools they cover by computation rather than by AI, so a fixed formula like this one can still fall within them, and federal law applies to every assessment. What applies to you depends on where you hire and how you use the report. Your own employment lawyer should confirm what applies where you hire.

A growing number of jurisdictions regulate automated employment decision tools and the use of AI in hiring, including New York City, Illinois, Colorado, Maryland and others, and the law here is changing quickly. Requirements can include independent bias audits, advance notice to candidates, published summaries, and record keeping. Determining whether your use of this or any tool triggers those obligations, and satisfying them, is your responsibility.

Every screen is timed, and every candidate gets the same clock. A candidate who needs the assessment untimed can sit it untimed, at no cost. The first screen tells them in writing that if they need the assessment untimed or in a different format, for any reason at all, they can contact whoever sent the link and it costs them nothing to ask.

Those requests come to you, not to us. Receiving, evaluating and granting accommodation requests under the ADA and any applicable state law is your obligation as the employer.

Candidate notice requirements vary by jurisdiction and some are specific to automated tools. At a minimum, we recommend telling every candidate that an assessment is part of your process, roughly what it measures, how long it takes, and how to request an accommodation.

Some jurisdictions require more than that, including advance notice within a set number of days, a description of the characteristics assessed, and information about data retention. Check what applies where you hire.

What is stored for each assessment: the candidate's name and email address, the seat you selected, the context you selected, every move tapped and the moment it belonged to, how long each screen took, the computed results, the report, and the relevant dates.

What is never sent to any AI provider: anything at all. No AI writes or scores any part of the report, so no candidate information leaves for one.

Retention and deletion. An unused assessment link expires 30 days after it is created. A completed sitting is kept, with its report, for four years, or until you delete it or close the account, whichever comes first. Archiving a result hides it from your list and keeps everything. Deleting a result permanently erases the candidate's name, email address, answers and results, and stops any report link that was already open from working. Deletion cannot be undone.

As between you and us, you are responsible for having a lawful basis to submit a candidate's information, for any notice or consent your jurisdiction requires, and for responding to candidate requests about their own data. Tell us and we will assist with deletion.

Assessments. Buying an assessment creates one assessment link. It is deducted when the link is created, not when the assessment is completed. If the candidate never starts it, the link expires after 30 days and the assessment returns to your balance automatically. Delete an unstarted link before then and it returns the same day. Once a candidate has started the assessment, the assessment has been used and it is not returned, whether or not they finish. Unused assessments do not expire.

The guarantee. On your first completed assessment, if the report contains nothing you had not already worked out for yourself, tell us within 30 days of the report being generated and we refund what you paid for that assessment to the card you paid with: $149 on a Single, or the per-assessment price of the pack it came from. You keep the report. One claim per customer, on the first completed assessment only. No form and no explanation required.

Everything else. Completed assessments beyond that first one are not refundable, because the work has been delivered. If something goes wrong on our end, tell us and we will fix it.

The assessment moments, the moves they offer, the seat standards and the values behind them, the scoring engine, the bank, the report structure and the software are proprietary and protected. Reports you receive are licensed to you for internal hiring and management use in your own business.

You agree not to copy, republish, resell or sublicense the assessment or its moments; not to reverse engineer, scrape or attempt to derive the scoring or the seat standards; not to publish assessment moments or scoring keys anywhere; not to use outputs to build or train a competing product; and not to share account credentials or report links outside your organization.

Publishing the moments would make the instrument gameable and worthless to every other customer, which is why the scoring never reaches the candidate's browser in the first place.

Nothing produced by FIRSTMOVE ASSESSMENT, including the report, the interview questions it suggests and the management suggestions it makes, constitutes legal, human resources, medical, psychological or other professional advice. It is information for you to weigh with your own judgment and your own advisors.

The service is provided as is. To the fullest extent permitted by law we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement, and we do not warrant that the service will be uninterrupted or error free.

To the fullest extent permitted by applicable law, our total liability arising out of or relating to your use of FIRSTMOVE ASSESSMENT is limited to the amount you actually 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.

You agree to indemnify 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 jurisdictions do not allow certain limitations, so parts of this may not apply to you.

We may update these disclosures and our terms. Material changes will be posted here with a revision date, and continuing to use the service after that means you accept them.

Governing law and venue are set out in the full terms of service, and how information is handled is set out in the privacy policy, including its section for candidates. Where those documents conflict with this summary, those documents control.

For legal notices, privacy requests, deletion requests or anything in this section, email support@firstmoveassessment.com.

Everything in this block appears elsewhere in these disclosures. It is collected here so that a buyer who wants the limits in a single list can read them in under a minute.

• It is one input, not a decision. The hire, and every duty attached to it, is yours. FIRSTMOVE ASSESSMENT does not produce a hire or no-hire verdict and is built to refuse to produce one.
• It does not measure honesty, intelligence, character or work ethic. It reads working instincts and how they move under pressure, and nothing else.
• It does not detect cheating, faking or gaming. It resists faking through its response format, because the two moves in each moment are written to look about equally good. That is not a detector and must not be described as one.
• It does not rank candidates against each other. It measures one person against one seat. The seat match is not a percentile, not a rank and not a grade, and two people can land in the same range.
• The number carries a margin of error. The seat match is printed with its margin of error beside it, 9 to 12 points depending on the seat. A few points either side of a line is not a meaningful difference between two people.
• It reads five questions, and some seats only four. Five questions is a narrow instrument by design. Seats that want a person in a similar place on all five will not be far apart, so choose the seat you are actually filling and read the written standard the report prints for it.
• For the C-suite, it reads instinct and nothing else. Each executive seat is measured on the two questions that decide it. The assessment does not measure the scope, the financial or technical skill, or the leadership record a chief needs, and those are where executive seats differ most. Some pairs read alike for that reason: Chief Operating Officer and General Manager, Chief Financial Officer and Chief Information Officer, Chief Marketing Officer and Chief Technology Officer, Chief Information Officer and Chief People Officer. The report says so when the seat you picked is one of them.
• A number is withheld when the sitting cannot support one. Where a sitting did not say enough, no seat match appears anywhere: not on the report, not in your results list, not in the email, and the report says why.
• The middle of the range is not a middling candidate. A seat match of 72 and up lines up with the seat. From 40 to 71 is mixed and worth a closer look, which means the answers point both ways rather than that the person is average. Under 40 does not line up with the seat.
• There is no candidate facing report. The product does not write to the candidate, and the reader is always the employer or somebody they choose to share it with.