Version 2026-10-18

Terms of Service

Draft. This document has not yet been through legal review. It describes how the product actually behaves and is published so that behaviour is disclosed, not to be relied on as final wording.

1. What Arbiter does

Arbiter provides technical assessments. You send a candidate a link, they complete a practical exercise in a cloud sandbox, and we return a score with a breakdown of how it was reached.

2. You decide who is hired

Arbiter produces a score and evidence: a calibrated test result, a process record of how the candidate worked, and the candidate's own written rationale. It does not make hiring decisions and is not designed to. The platform contains no mechanism that rejects, advances, or ranks out a candidate automatically — no score threshold, no telemetry pattern, and no integrity flag acts on its own. Every result is presented to a named person on your team who records a decision. You are responsible for the decisions you make.

3. What Arbiter will never collect

We warrant that the platform performs no candidate surveillance: no webcam or screen recording, no microphone capture, no biometric data of any kind, and no keystroke logging or keystroke-biometric analysis. What is recorded — the code written, the saved history of the workspace during the attempt (the automatic snapshots, kept so an interview can walk the candidate's own session), the commands run in the assessment workspace, tab focus, the prompts a candidate types to the in-workspace navigator (Arbiter Pair) and its replies, and the size of text pasted into the workspace together with each refusal by its clipboard limit, never the pasted text itself — is disclosed to the candidate before they begin. This is a product boundary, not a configuration: there is no setting that turns surveillance on.

The detailed session record — the workspace history, the raw behavioural events and, where an in-workspace assistant is used, its transcript — is deleted 7 days after a candidate is rejected or a position is archived, and in any case 30 days after the attempt ends. The score, the final diff and the decision record remain for the retention window the Data Processing Agreement describes.

4. Your obligations as an employer

You are the data controller for candidate data you process through Arbiter. You confirm that you have a lawful basis for assessing each candidate, that you will inform candidates as required by law in their jurisdiction, and that you will not use Arbiter as the sole automated basis for a decision with legal or similarly significant effect.

Where local law requires additional steps before an automated employment decision tool may be used — including but not limited to a published bias audit and advance notice — you are responsible for completing them.

5. Acceptable use

You will not use Arbiter to assess anyone without their knowledge, to circumvent an accommodation a candidate is entitled to, or to reverse-engineer or redistribute our assessment content.

Our challenge library is our confidential material. Access is per workspace and is not transferable.

6. Availability

Assessments run on third-party cloud infrastructure. We aim for continuous availability and do not guarantee it. If a sandbox fails during an assessment we will tell you, and a failed grading run is reported as an infrastructure error rather than as a candidate's score.

7. Fees and termination

Fees are as agreed in your order. Either party may terminate on notice. If a licence expires, the workspace remains fully functional for a 14-day grace period, then becomes read-only; 60 days after expiry an unpaid or cancelled workspace is offboarded and candidate data is deleted as the Data Processing Agreement describes, with anonymised aggregate performance metadata as the only stated carve-out.

8. Liability

To the maximum extent permitted by law, our aggregate liability is limited to the fees paid in the twelve months preceding the claim. Nothing limits liability that cannot lawfully be limited.

sha256 406ad6781d169295a07fe4e50dcc6933… · this hash is recorded against every acceptance, so we can always show exactly which wording somebody was given.