Terms of Use

1. Definitions

• Platform: the Smarter Than AI SaaS solution available online at smarterthanai.app.
• Services: all of the assessment, testing, AI-based analysis and candidate-management features provided through the Platform.
• User: any person who accesses the Platform, in any manner whatsoever.
• Visitor: a User who browses the public pages of the Platform without an Account or an invitation.
• Client: a legal entity that has subscribed to the Services for professional use, bound to Mr Automate by the Terms of Sale.
• Candidate: a natural person invited by a Client to take an Assessment through the Platform.
• Account: the personal workspace of a Client's staff member allowing them to access the Services.
• Assessment: a test session (or set of tests) offered to a Candidate as part of a campaign created by a Client.
• Assessment Content: all questions, statements, instructions, illustrations, scenarios, expected answers, scoring rubrics, methodologies and any other element making up an Assessment.

2. Acceptance of the Terms

Accessing the Platform and using the Services implies full and unreserved acceptance of these Terms, whether that acceptance is express (ticking a box, clicking an acceptance button) or implied through the mere use of the Platform.

A User who does not accept these Terms must cease all access to the Platform.

The User represents that they have the legal capacity to enter into these Terms. For underage Users, acceptance by a legal representative is required.

3. Description of the Service

Smarter Than AI is a platform for assessing cognitive and behavioural aptitudes based on artificial intelligence, designed to assist employers in their recruitment decisions.

The Services provided through the Platform include in particular:

• free browsing of the public pages (overview, blog, pricing, demonstrations);
• for Clients: creating assessment campaigns, inviting candidates, and viewing AI-analysed results;
• for Candidates: taking an Assessment to which they have been invited by a Client.

4. Means of access

Access to the Platform is provided through three channels:

• Open access (Visitor): browsing the public pages, without creating an Account or receiving an invitation.
• Authenticated access (Client): creating an Account and subscribing to the Services under the conditions set out in the Terms of Sale.
• Access by invitation (Candidate): receipt of a unique invitation link sent by a Client. The Candidate does not need to create an Account but must provide certain information (email address, identifiers) to authenticate the session.

The User is solely responsible for the confidentiality of their credentials or invitation link, and for any activity carried out using them. Any unauthorised use must be reported without delay to legal@smarterthanai.app.

5. AI and outside help

You can technically use generative AI or ask a third party for help in answering the questions of an Assessment. Nothing in the Platform physically prevents you from doing so.

It is, however, strongly discouraged — and not for moral reasons: for methodological ones.

Our Assessments are designed to measure what you bring on top of a model, not to check whether you know how to prompt an LLM. The calibration of our tests includes runs with and without AI assistance, and distinguishes between those two regimes. In practice, delegating the answer to an AI tends to degradeyour score rather than improve it: you will then be assessed on the assistant's performance, not your own.

The aim is not to trap you. It is to give you a space where what you bring on top of a model can come through — and where a recruiter can see it.

If you also provide information about your identity or background, it must be accurate.

6. Intellectual property

Mr Automate retains all intellectual property rights in the Platform, its software components, its algorithms, its documentation, its distinctive signs (notably the “Smarter Than AI” trademark) and, without limitation, in the entirety of the Assessment Content (questions, statements, illustrations, scenarios, expected answers, scoring rubrics, methodologies).

No provision of these Terms may be construed as granting the User an assignment or a licence beyond the strict right of use necessary to browse the public pages (Visitor), to use the Services within the scope of the contract (Client) or to take the Assessment in the interface provided (Candidate).

In particular, the User (and more specifically the Candidate) undertakes, in all circumstances and by any means whatsoever (screenshot, photograph, audio or video recording, handwritten or typed transcription, paraphrase, memorisation for disclosure purposes), not to:

• reproduce, copy, photograph, record or capture all or part of the Assessment Content;
• disclose, publish, share, transmit or make available to any third party — including in partial or paraphrased form — the Assessment Content, whether online (forums, social media, blogs, code repositories, review sites), orally or in writing;
• use the Assessment Content for any purpose other than personally taking the Assessment to which the User has been invited;
• carry out any reverse engineering, decompilation, disassembly or analysis of the Platform with a view to reproducing its features;
• extract or reuse, in a qualitatively or quantitatively substantial manner, the contents of Mr Automate's database (Article L. 342-1 of the French Intellectual Property Code);
• use the “Smarter Than AI” name, its logo or any other distinctive sign of Mr Automate without its prior written authorisation.

These prohibitions apply during and after use of the Platform, without any time limit. Any breach constitutes infringement within the meaning of Articles L. 335-2 and L. 335-3 of the French Intellectual Property Code, exposing its author to civil and criminal penalties, without prejudice to any other remedy.

7. Personal data

Mr Automate processes Users' personal data as part of the Services. The terms of this processing (legal basis, purposes, retention periods, data-subject rights, processors) are detailed in the privacy policy.

For Candidate data processed as part of a recruitment campaign, the Client acts as data controller and Mr Automate as processor.

8. General obligations of the User

The User undertakes to:

• not use the Platform for unlawful purposes or purposes contrary to public order or public decency;
• not attempt to harm the security, integrity or availability of the Platform (intrusion, denial of service, mass scraping, code injection, exploitation of vulnerabilities);
• not distribute unlawful, defamatory, discriminatory, abusive content or content infringing the rights of third parties through any expression spaces that may be made available;
• respect the intellectual property rights of Mr Automate and of third parties.

9. Suspension and termination of access

Mr Automate reserves the right to suspend or terminate, at any time and without notice, any User's access to the Platform in the event of:

• breach of these Terms;
• fraud or attempted fraud during an Assessment;
• disclosure or attempted disclosure of the Assessment Content;
• conduct harming the security, image or legitimate interests of Mr Automate or its Clients.

Such suspension is without prejudice to any remedy, in particular compensation for the harm caused.

10. Liability

Mr Automate uses reasonable means to ensure the availability and proper functioning of the Platform, under a best-efforts obligation.

Mr Automate may not be held liable for any interruption resulting from force majeure, a malfunction of the communication networks, a failure of a third-party provider, or any cause beyond its control.

The Platform produces analyses and recommendations as decision-support. No recruitment decision may be made solely on the basis of the automated results. The User acknowledges that the results of an Assessment are not intended to replace human judgement.

11. Links to third-party sites

The Platform may contain links to third-party sites. Mr Automate exercises no control over these sites and disclaims any liability as to their content, their terms of use or their personal-data practices.

12. Cookies and trackers

The Platform uses cookies and similar technologies under the terms set out in the privacy policy.

13. Amendment of the Terms

Mr Automate reserves the right to amend these Terms at any time. The applicable version is the one in force at the time of access to the Platform. The date of the latest update appears at the top of this document.

For Clients, substantial changes are subject to notification under the conditions set out in the Terms of Sale.

14. Miscellaneous

If any provision of these Terms is held to be void or unenforceable, the remaining provisions retain their full effect.

The fact that Mr Automate does not avail itself of a User's breach may not be construed as a waiver of its right to do so at a later date.

15. Governing law and jurisdiction

These Terms are governed by French law.

Failing an amicable resolution within 30 days of the notification of a dispute, any dispute shall fall under the jurisdiction of the French courts in accordance with the ordinary rules of law (the courts of the defendant's place of domicile or, for professional Clients, the Commercial Court of Nantes (France) in accordance with the Terms of Sale).

For any question regarding these Terms: legal@smarterthanai.app