Terms of Service

1. Acceptance of Terms

By accessing or using DayOne ("Service"), operated by DayOne Inc. ("Company", "we", "us"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service. These Terms apply to all users including HR administrators ("Employers") and job candidates ("Candidates").

2. Description of Service

DayOne is an anti-cheat hiring assessment platform that allows Employers to create asynchronous onboarding assessments for remote hiring. The Service includes video modules, knowledge tests, essay evaluations, and anti-fraud monitoring tools including behavioral analysis and optional webcam proctoring.

3. User Accounts

You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials. You must be at least 18 years old to use the Service. Accounts may not be transferred or shared.

Employers are responsible for ensuring they have legal authority to collect assessment data about Candidates in their jurisdiction. Candidates must complete assessments honestly and may not use AI tools, outside assistance, or other means to falsify their responses.

4. Anti-Fraud Monitoring & Proctoring

The Service employs multiple layers of integrity monitoring:

• L1 — Browser Controls: Paste prevention, tab-focus monitoring, fullscreen enforcement, and network fingerprinting are active during all assessments.
• L2 — AI Content Detection: Essay responses are automatically analyzed for AI-generated content (Starter plan and above).
• L3 — Typing Analysis: Keystroke patterns are recorded to detect automated input (Growth plan and above).
• L4 — Webcam Proctoring: Video and audio recording requires explicit Candidate consent before assessment begins. Only available as an add-on.

All monitoring data is used solely for assessment integrity purposes and is not shared with third parties except as described in our Privacy Policy.

5. Employer Obligations

Employers agree to:

• Use assessment results solely for legitimate hiring purposes.
• Comply with applicable employment and data protection laws in their jurisdiction, including GDPR, CCPA, and local equivalents.
• Inform Candidates about data collection practices as required by law.
• Not use the Service to discriminate against protected classes.
• Obtain necessary consents for webcam proctoring where required by law.
• Comply with New York City and Illinois AI bias disclosure laws (AEDT/BIPA) if applicable.

6. Candidate Rights

Candidates have the right to: access their assessment data, request deletion of their data, understand what monitoring is applied during assessments, withdraw from an assessment at any time, and opt out of webcam proctoring (the Employer may require it as a condition of the application). Data deletion requests can be submitted to privacy@dayone.kz or via the in-app data deletion feature.

7. Subscription and Billing

Paid plans are billed monthly or annually via Stripe. All fees are non-refundable except as required by law. We reserve the right to change pricing with 30 days notice. Downgrading your plan may result in loss of features. Overdue accounts may be suspended. Trial periods are provided as-is with no guarantees.

8. Intellectual Property

The Service and its content are owned by DayOne Inc. Employers retain ownership of their assessment content. Candidates retain ownership of their responses. You grant us a limited license to process your content to provide the Service.

9. Prohibited Use

You may not: reverse engineer the Service, attempt to bypass anti-fraud measures, use the Service for illegal discrimination, share account credentials, use automated bots or AI to complete assessments, or use the Service to collect data for purposes other than hiring.

10. Disclaimer & Limitation of Liability

The Service is provided "as is" without warranties of any kind. To the maximum extent permitted by law, DayOne Inc. shall not be liable for indirect, incidental, or consequential damages. Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim. We do not guarantee that assessment results accurately predict job performance.

11. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Disputes shall be resolved by binding arbitration under AAA rules, except for injunctive relief which may be sought in state or federal courts in Delaware.

12. Changes to Terms

We may update these Terms at any time. Continued use of the Service after changes constitutes acceptance. Material changes will be communicated via email 14 days in advance.

13. Contact

Questions about these Terms: legal@dayone.kz