Terms of Service

1. Agreement to Terms

By creating an account on Fluency ("the Platform"), operated by Sondera Studios Ltd, a company registered in England and Wales ("we", "us", "our"), you ("the Client", "you") agree to be bound by these Terms of Service. If you are accepting on behalf of an organisation, you represent that you have the authority to bind that organisation.

If you do not agree to these terms, do not create an account or use the Platform.

2. Description of Service

Fluency is a B2B SaaS platform that enables organisations to assess the AI literacy of candidates and employees through a structured, multi-module assessment. The Platform provides:

• A 9-module assessment covering AI collaboration, judgement, risk awareness, verification, and more
• AI-powered scoring using large language models, producing scores out of 100
• Behavioural profiling and cross-module pattern analysis
• Detailed reports with per-module breakdowns, hiring insights, and interview question suggestions
• Candidate invitation management and email delivery
• Organisation dashboard with analytics and data export
• Optional white-label branding and candidate feedback

The Platform is an advisory tool. Scores and profiles are intended to support — not replace — human judgement in hiring and people decisions.

3. Account Responsibilities

• You must provide accurate and current information when creating your account.
• You are responsible for maintaining the confidentiality of your account credentials.
• You must notify us immediately of any unauthorised access at security@sonderastudios.com.
• You are responsible for all activity that occurs under your account.
• You must have the authority to act on behalf of the organisation you register.
• You may add team members to your organisation. You are responsible for their use of the Platform.

4. Credits, Pricing & Payment

Credits

• The Platform operates on a credit-based model. One credit = one assessment.
• Credits are purchased in advance or invoiced under a custom agreement.
• Credits do not expire unless otherwise stated in a custom agreement.
• Credits are non-refundable once an assessment has been started by a candidate.

Pricing

Current pricing is published on our Pricing page. We reserve the right to change pricing with 30 days' notice. Price changes do not affect credits already purchased.

Payment

• Payment is due upon purchase (self-serve) or within 30 days of invoice (custom agreements).
• All prices are in GBP (£) and exclusive of VAT, which will be added where applicable.
• Late payments may incur interest at 4% above the Bank of England base rate, as permitted under the Late Payment of Commercial Debts (Interest) Act 1998.

5. Acceptable Use

You agree to:

• Use the Platform only for legitimate assessment of candidates or employees in connection with hiring, workforce development, or training evaluation.
• Ensure that all individuals you invite to assessments have been appropriately informed about the assessment process, including the use of AI scoring (see our Privacy Policy, Section 6).
• Comply with all applicable employment and anti-discrimination laws when using assessment results.
• Use assessment scores as one factor among many in employment decisions — not as the sole basis for adverse action.

You agree not to:

• Share assessment reports with parties not involved in the relevant employment decision.
• Attempt to reverse-engineer, decompile, or extract the scoring algorithms, prompts, or assessment content.
• Use the Platform to discriminate against individuals on the basis of any protected characteristic under the Equality Act 2010 or equivalent legislation.
• Submit false or misleading information about candidates, employees, or your organisation.
• Attempt to interfere with the Platform's operation, security, or availability.
• Resell, sublicense, or provide the Platform to third parties without our written consent.

6. Candidate Data & Data Protection

When you invite candidates or employees to an assessment:

• You are the data controller. You determine the purpose and lawful basis for processing.
• Sondera Studios is the data processor. We process data on your behalf to deliver the assessment service.
• You are responsible for having a lawful basis to share candidate personal data with us (e.g. legitimate interest, consent).
• You are responsible for informing candidates about the assessment, including that AI will score their responses.

A Data Processing Agreement (DPA) governs our obligations as processor under GDPR Article 28. The DPA is incorporated into these Terms by reference and is available on request from legal@sonderastudios.com.

Full details of how we handle data are set out in our Privacy Policy.

7. AI-Generated Scores & Disclaimers

Assessment scores, behavioural profiles, and insights are generated by artificial intelligence. By using the Platform, you acknowledge and agree that:

• AI-generated scores are advisory — they are a decision-support tool, not a definitive judgement of an individual's capabilities.
• Scores should be considered alongside other assessment methods such as interviews, references, and work samples.
• Sondera Studios does not guarantee the accuracy, completeness, or fitness for purpose of any AI-generated output.
• The AI models used for scoring may be updated from time to time, which could result in score variations for equivalent performance.
• You are solely responsible for any hiring, promotion, training, or employment decisions made using Platform outputs.
• You will provide candidates with the opportunity to request human review of AI-generated scores, as required under GDPR Article 22.

8. Intellectual Property

• Platform IP: The Platform — including its design, scoring engine, assessment content, scenarios, prompts, and algorithms — is the exclusive intellectual property of Sondera Studios. Nothing in these Terms grants you ownership of any Platform IP.
• Reports: Assessment reports generated for your organisation are licensed for your internal use in connection with the assessed individual. You may share reports with colleagues involved in the relevant employment decision.
• Candidate responses: The intellectual property in candidate assessment responses belongs to the candidate. You may use them only for the purpose of evaluating the individual's suitability.
• Aggregate data: We may use anonymised, aggregated data derived from assessments to improve the Platform, develop benchmarks, and conduct research. This data will never identify individual candidates or your organisation.

9. Service Availability

We target 99.5% uptime but do not guarantee uninterrupted availability. The Platform may be temporarily unavailable due to:

• Scheduled maintenance (we will provide reasonable notice)
• Third-party service provider outages (hosting, AI, database)
• Circumstances beyond our reasonable control

If an assessment is interrupted due to a Platform issue, we will work with you to reschedule the affected candidate at no additional cost.

10. Confidentiality

Each party agrees to keep confidential any proprietary or non-public information received from the other party. This obligation survives termination of these Terms for a period of 2 years. Confidential information does not include information that is publicly available, independently developed, or lawfully received from a third party.

11. Limitation of Liability

• Cap: Our total aggregate liability to you for any claims arising under or in connection with these Terms shall not exceed the total fees paid by you in the 12 months preceding the claim.
• Exclusions: To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, profits, business opportunities, or goodwill.
• Carve-outs: Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
• Hiring decisions: We are not liable for any employment decision you make based on Platform outputs. You acknowledge that AI scores are advisory and that hiring decisions are your sole responsibility.

12. Indemnification

You agree to indemnify and hold Sondera Studios harmless from any claims, damages, or expenses arising from:

• Your violation of these Terms or applicable law
• Your misuse of assessment data or reports
• Employment decisions you make based on Platform outputs
• Your failure to comply with data protection obligations as data controller
• Claims brought by candidates or employees assessed through your account

13. Termination

• By either party: Either party may terminate this agreement with 30 days' written notice.
• For cause: Either party may terminate immediately if the other party materially breaches these Terms and fails to remedy the breach within 14 days of written notice.
• Effect of termination: Upon termination, your access to the Platform will be revoked. Unused credits are non-refundable.
• Data handling: Upon termination, we will make your assessment data available for export for 30 days. After 30 days, data will be deleted in accordance with our Privacy Policy retention schedule.
• Survival: Sections on IP, liability, indemnification, confidentiality, and governing law survive termination.

14. Force Majeure

Neither party shall be liable for failure to perform obligations due to events beyond reasonable control, including but not limited to natural disasters, pandemics, war, government actions, power failures, internet outages, or third-party service provider failures. The affected party must notify the other promptly and take reasonable steps to mitigate the impact.

15. Changes to Terms

We may update these Terms from time to time. We will notify registered Clients of material changes via email at least 30 days before they take effect. Continued use of the Platform after changes constitutes acceptance. If you do not agree to the updated Terms, you may terminate your account.

16. Governing Law & Disputes

These Terms are governed by the laws of England and Wales.

The parties agree to attempt to resolve disputes through good-faith negotiation first. If unresolved after 30 days, disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17. Entire Agreement

These Terms, together with the Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and Sondera Studios regarding the Platform. They supersede all prior agreements, understandings, or representations.