Terms and Conditions of Use

Last Updated: June 26, 2026

Welcome to Yardstick, Inc.’s (“Yardstick,” “us,” or “our”) applicant tracking system and hiring platform (our “Platform”).  This Terms and Conditions of Use (the “Agreement”) agreement governs our provision and your use of yardstick.team and our subdomains (collectively, our “Sites”) and our app, platform, and related services (“Services”).  Our Platform includes our Sites and our Services.  Our Platform is maintained as a service to our customers and potential customers.  By using our Platform, you agree to comply with and be bound by the following terms and conditions of use.  “You” refers to the individual using our Platform.  If you are using the Platform as a representative of a company, you represent that you have the capacity to bind your company to all of the terms of this Agreement.  Please review this Agreement carefully.  If you do not agree to these terms and conditions of use, you should not use our Platform.

What We Do:

Yardstick is an applicant tracking system (“ATS”) and hiring platform for employers and their hiring teams. Through the Platform, our customers carry out their hiring and recruiting activities — for example, creating and managing job openings (“Jobs”); receiving, tracking, and reviewing applicants; moving candidates through hiring pipelines and interview stages; scheduling and coordinating interviews; building structured scorecards and evaluation criteria; recording hiring decisions; sourcing, organizing, and reaching out to prospective candidates and other contacts; and viewing reporting and analytics about their hiring activity. The Platform also offers AI-assisted features that help members of the hiring team draft and refine hiring-related content such as job descriptions, interview questions, scorecards, and interview plans. The features available may vary by plan, and Yardstick may add, change, or remove features from time to time. Customers may operate the Platform directly through its interface or by directing a coding agent (for example, Claude Code or Codex) that runs the Yardstick command-line interface (CLI) to perform hiring workflows on their behalf; agent-assisted work remains subject to the Customer’s human review and approval. Paid plans are offered on a subscription basis and billed through our third-party payment processor, as described in the “Billing and Subscriptions” section below and on our pricing page at yardstick.team/pricing.

Our structured, data-informed approach is designed to help customers connect job performance data to their interview process and evaluation criteria, consider role-specific and company cultural competencies, and coordinate structured interviews across a hiring team so they can hire the best people for their teams. The Platform uses artificial intelligence (“AI”) and large language models (“LLMs”) to generate parts of the hiring and interview process; AI outputs are drafts and suggestions, and final hiring decisions remain the responsibility of the customer.

  1. 1. Agreement. This Agreement specifies the terms and conditions for access to and use of the Platform and describes the terms and conditions applicable to your access and use of the Platform. Yardstick may modify this Agreement from time to time. For material changes, Yardstick will provide reasonable advance notice to account holders by email or through an in-product notice before the changes take effect, and your continued use of the Platform after the notice period constitutes your acceptance of the modified Agreement. Changes that are not material, and the lightweight site-use terms applicable to unauthenticated site visitors, are effective upon posting.   You can view the most recent version of these terms at any time at yardstick.team/terms. Each use of our Platform, including any portion of the Sites and Services, by you will constitute and be deemed your unconditional acceptance of this Agreement. When you create an account for, or purchase a paid subscription to, the Services, you may also be asked to affirmatively accept this Agreement (for example, by clicking “I agree”); doing so constitutes your acceptance of this Agreement, and if you accept on behalf of an organization, your acceptance binds that organization.   Additional terms may apply for use of our Platform.  These terms may be found in our Master Service Agreement (“MSA”), as applicable, and Service Agreements.  Unless specifically superseded by an MSA or Service Agreement, this Agreement is hereby incorporated into any MSA or Service Agreements the Parties may enter into.  
  2. 2. Privacy.Your visit to our Platform is also governed by our Privacy Policy. Please review our Privacy Policy at yardstick.team/privacy-policy.  We also maintain a Cookie Notice that you may access at yardstick.team/cookies.  Our Privacy Policy and Cookie Notice are hereby incorporated by reference herein into this Agreement. Where Yardstick processes personal data on the Customer’s behalf, that processing is governed by Yardstick’s Data Processing Agreement (DPA), which is incorporated by reference into this Agreement and available at yardstick.team/dpa. For customers whose data is subject to the GDPR, UK GDPR, or Swiss FADP, the DPA includes the Standard Contractual Clauses and other applicable transfer terms. The DPA forms part of this Agreement; for enterprise customers it may instead be incorporated into, or attached as an exhibit to, a Master Service Agreement.
  3. 3. Ownership.All content included on this Platform is and will continue to be the property of Yardstick or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Platform is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Platform.
  4. 4. Intended Audience.Our Platform is a commercial service intended solely for use by adults (18 years of age or older) acting on behalf of an employer or other organization in connection with its hiring activities. The Platform is not directed to or intended for children. In particular, the Platform is not directed to children under the age of 13, and Yardstick does not knowingly collect personal information from children under 13 through the Platform; if we learn that we have collected personal information from a child under 13, we will delete it.  Where a customer uses the Platform to process information about job applicants or candidates who are minors (for example, older teenagers applying for employment), the customer is solely responsible, as controller, for providing any notices and obtaining any parental or other consents required by applicable law.   
  5. 5. Platform Use.Yardstick grants you a limited, revocable, nonexclusive license to use this Platform solely for your own business hiring use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Platform; reverse engineer or break into the Platform; or use our materials, Sites, Platform, or Services in violation of any law. You agree to use Yardstick’s AI and LLMs in the way intended by the Platform and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other uses. The use of this Platform is at the discretion of Yardstick, and, subject to Section 19, Yardstick may suspend or terminate your use of the Platform.   Yardstick reserves the right to set and adjust pricing for access to the Platform.  You are responsible for all costs and expenses associated with your access and use of the Platform.  You may register or sign-in to the Services through Google Sign-In or Microsoft Entra ID.  By doing so, you authorize Yardstick to receive from the provider your name, email address, profile-picture URL and a unique provider identifier, as described in our Privacy Policy. You remain fully responsible for safeguarding your Google or Microsoft login credentials.  Yardstick is not liable for any loss or damage arising from your failure to secure those credentials. Your use of Google Sign-In and Microsoft Entra ID is subject to Google’s Terms of Service and Microsoft’s Services Agreement, respectively.  Yardstick is not a party to those agreements and has no control over either provider’s services or availability. You may disconnect a third-party login at any time in Account Settings → Security → Connected Accounts.  If you do, you must set a Yardstick password to continue using the Services. Yardstick may suspend or remove third-party login features at any time—for example, if a provider discontinues the feature or materially changes its API. Authorized programmatic access. The Platform is designed to be operated both through its user interface and programmatically. You, and the authorized coding agents or other automated tools acting on your behalf and at your direction (for example, Claude Code or Codex running the Yardstick command-line interface (CLI)), may access the Platform through the CLI and any application programming interface (API) or other programmatic interface Yardstick may make available, subject to the following: (i) such access must comply with this Agreement, your applicable plan, and any documented usage, rate, or volume limits; (ii) you are responsible for keeping your credentials, API keys, and access tokens secure and confidential and for not sharing them outside your organization; (iii) you will not use programmatic access to circumvent plan limits or access controls, to access data other than your own, to disrupt or place an undue load on the Platform, or to build or assist a competing product or service; and (iv) you remain fully responsible for all activity carried out through your credentials or by agents or tools acting on your behalf, including ensuring that agent-assisted work remains subject to appropriate human review and approval. The restrictions elsewhere in this Section, including those on copying and reverse engineering, are not intended to restrict, and do not restrict, this authorized programmatic use.
  6. 6. Billing and Subscriptions.The following terms apply when you purchase a paid subscription to the Platform. They supplement, and do not replace, any MSA or Service Agreement between you and Yardstick.
    1. (a) Plans and pricing. Yardstick offers a free tier and one or more paid subscription plans. The plans currently available, the features included in each, and current pricing are described on our pricing page at yardstick.team/pricing. Paid plans are generally priced around active hiring activity (for example, a recurring platform fee plus a charge per active Job) rather than employee headcount or per-seat licensing. Yardstick may change its plans, features, and fees from time to time as described in Section 1 and on the pricing page. For existing paid subscribers, Yardstick will provide at least thirty (30) days’ notice before an increase to your recurring fees takes effect, and any such increase will apply beginning with your first Billing Period that starts after the notice period.
    2. (b) How plans are purchased. Self-serve paid plans are purchased online through the Platform using our third-party payment processor, Stripe, Inc. (“Stripe”). By providing a payment method and starting a paid subscription, you authorize Yardstick and Stripe to charge that payment method for all applicable fees, including recurring subscription fees, usage-based charges, and taxes. You represent that you are authorized to use the payment method you provide. Enterprise plans may instead be purchased by order form or invoice under an MSA.
    3. (c) Billing cycle and usage charges. Unless a different billing frequency is stated on the pricing page or in your order form, paid subscriptions are billed in advance on a recurring monthly basis (each, a “Billing Period”). Usage-based charges, such as charges for Jobs activated during a Billing Period, are billed as described on the pricing page (for example, as prorated charges on your next invoice). Unless otherwise stated, all fees are quoted and payable in U.S. dollars and are exclusive of taxes.
    4. (d) Automatic renewal. YOUR PAID SUBSCRIPTION WILL AUTOMATICALLY RENEW. At the end of each Billing Period, your subscription will automatically renew for a further Billing Period of the same length, and your payment method will be charged the then-current recurring fee for the renewal term, unless you cancel before the renewal date. Your subscription will continue to renew until you cancel it as described in subsection (e) below.
    5. (e) Cancellation. You may cancel your paid subscription at any time through the Stripe-hosted customer billing portal (which you can open from your account billing settings), or by contacting us at billing@yardstick.team. Unless applicable law or the pricing page provides otherwise, cancellation takes effect at the end of the then-current Billing Period: your plan remains active through the period you have already paid for, you will not be charged for subsequent Billing Periods, and active Jobs may be affected as described on the pricing page. After cancellation, your account continues (for example, on our free tier, where available) with paid features unavailable, and your closed or archived hiring history generally remains available on a read-only basis as described on the pricing page. Cancelling a paid subscription does not delete your account or the data in it; for how to delete your account and that data, and how we handle that deletion, see the “How Long Your Personal Information Will Be Kept” section of our Privacy Policy.
    6. (f) Refunds. Except where required by applicable law, all fees are non-refundable, and there are no refunds or credits for partial Billing Periods, for active-Job capacity you did not use, or for periods in which your account remained open but unused.
    7. (g) Late or failed payments. If a charge to your payment method fails or fees become past due, Yardstick may retry the charge, suspend or limit access to paid features, downgrade your account, and, after notice, terminate your subscription. You remain responsible for amounts that accrued before suspension or termination. For amounts invoiced under an order form or MSA that remain past due, you are responsible for the reasonable costs Yardstick incurs to collect them, including reasonable attorneys’ fees.
    8. (h) Taxes. You are responsible for all sales, use, VAT, GST, and similar taxes associated with your purchase, other than taxes based on Yardstick’s net income.
  7. 7. Customer Obligations; Candidate Data and AI Outputs.If you use the Platform to process information about job applicants, candidates, employees, or other individuals (“Candidate Data”), the following apply. For purposes of applicable data protection laws, you (or the organization you represent) act as the controller of Candidate Data and Yardstick acts as a processor that processes Candidate Data on your behalf and on your documented instructions, as further described in our Privacy Policy and in Yardstick’s Data Processing Agreement (DPA), available at yardstick.team/dpa and incorporated by reference into this Agreement, whose jurisdiction-specific annexes (such as the Standard Contractual Clauses for EEA/UK/Swiss data) apply where applicable.
    1. (a) Lawful basis. You represent and warrant that you have a valid lawful basis and all rights, consents, and authority necessary to collect, upload, and have Yardstick process the Candidate Data you submit, and to use the Services in connection with your hiring activities.
    2. (b) Notices and consents. You are responsible for providing candidates and other data subjects with any privacy notices, and for obtaining and maintaining any consents or authorizations, required by applicable law in connection with your use of the Platform — including any notice or consent relating to automated processing, AI-assisted assessment, recorded responses, or background information — and for honoring data-subject requests and your other obligations as controller.
    3. (c) Lawful and non-discriminatory use of AI outputs. The Platform’s AI-assisted features support your hiring process — for example, by generating draft content and suggestions and by helping evaluate and prioritize applications. You are responsible for reviewing AI-generated outputs and for using them lawfully, fairly, and in a non-discriminatory manner. You will not use the Platform or any AI output to make hiring or other employment decisions in a way that violates applicable anti-discrimination, equal-employment-opportunity, fair-hiring, or automated-decision laws and regulations. To the extent your use of the AI-assisted features is subject to laws governing automated employment decision tools — including any bias-audit, candidate-notice, or accommodation requirements — you are solely responsible for determining whether those laws apply to you and for complying with them.
    4. (d) Human decision-making. You acknowledge that the Platform’s AI features are decision-support tools, not decision-makers. Final hiring, screening, and employment decisions are made by you and are your sole responsibility. Consistent with the disclaimer in Section 10, you agree to independently review and verify any output before relying on it and not to rely solely on AI-generated output for any employment decision. The Platform provides decision support and does not automatically reject or screen out candidates; a human on the Customer’s hiring team makes those decisions.
    5. (e) Prohibited and unlawful data. You will not upload or process Candidate Data in violation of applicable law or any third-party rights, and you are responsible for ensuring that your collection and use of sensitive or special-category information complies with applicable law.
    6. (f) Responsibility for users. You are responsible for the acts and omissions of the members of your hiring team and other users you invite into your workspace, and for their compliance with this Agreement.
    7. (g) Third-party integrations. The Platform may let you connect third-party services that you use and control (for example, calendar, messaging, email, or other recruiting and HR systems). When you enable an integration, you authorize Yardstick to exchange data with that service on your behalf and into accounts you control. Such third-party services are operated by their providers, not by Yardstick, and your use of them and any data you share with them are governed by your agreement with the relevant provider. You are responsible, as controller, for your use of any integration, and Yardstick is not responsible for a third-party service or its handling of data once that data is delivered to a destination you control.
  8. 8. Compliance with Laws.You agree to comply with all applicable laws regarding your use of the Platform. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
  9. 9. Indemnification.You agree to indemnify, defend, and hold Yardstick and our partners, employees, and affiliates harmless from any third-party claim, and any resulting liability, loss, damage, or expense (including reasonable attorneys’ fees), arising out of or related to your breach of this Agreement, your unlawful or infringing use of the Platform, or your violation of any obligation relating to Candidate Data. Yardstick will (i) promptly notify you of any such claim (provided that any failure to do so will relieve you of your obligations only to the extent you are materially prejudiced), (ii) give you sole control of the defense and settlement of the claim (except that you may not settle a claim in a way that imposes liability or an admission on Yardstick without Yardstick’s prior written consent), and (iii) provide reasonable cooperation in the defense at your expense.
  10. 10. Disclaimer.THE INFORMATION AND SERVICES ON THIS PLATFORM, INCLUDING THOSE POWERED BY AI AND LLMs, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS PLATFORM AND ITS AI-DRIVEN FEATURES IS AT YOUR SOLE RISK. YARDSTICK DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  11. WITHOUT LIMITING THE FOREGOING, YARDSTICK SPECIFICALLY DISCLAIMS ANY WARRANTY:
  12. (a) THAT THE AI-GENERATED CONTENT OR RECOMMENDATIONS WILL BE ERROR-FREE, UNBIASED, OR ENTIRELY ACCURATE; (b) REGARDING THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE AI-POWERED FEATURES; (c) THAT THE AI SYSTEMS WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (d) THAT THE AI TECHNOLOGY WILL REMAIN UNCHANGED OR THAT ALL FEATURES WILL BE AVAILABLE AT ALL TIMES.
  13. YOU ACKNOWLEDGE THAT AI TECHNOLOGY IS RAPIDLY EVOLVING AND THAT THE FUNCTIONALITY OF OUR AI SYSTEMS MAY CHANGE WITHOUT NOTICE. YOU ALSO UNDERSTAND THAT AI SYSTEMS MAY PRODUCE OUTPUTS THAT REFLECT BIASES PRESENT IN THEIR TRAINING DATA OR ALGORITHMS.
  14. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. REMEDIES AND LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM ARE GOVERNED BY SECTION 11.
  15. YOU AGREE TO INDEPENDENTLY VERIFY ANY CRUCIAL INFORMATION OR DECISIONS DERIVED FROM OUR AI SYSTEMS AND NOT TO RELY SOLELY ON AI-GENERATED OUTPUTS FOR IMPORTANT DECISIONS.
  1. 11. Limitation of Liability.EXCEPT WITH RESPECT TO EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR THE PARTIES’ INDEMNIFICATION OBLIGATIONS, IN NO EVENT WILL EITHER PARTY’S LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT EXCEED THE FEES RECEIVED FROM OR PAYABLE BY YOU TO YARDSTICK PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. EXCEPT FOR A BREACH OF THE LICENSE RESTRICTIONS OR CONFIDENTIALITY OBLIGATIONS, IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS OR LOSS OR INTERRUPTION OF USE OF ANY FILES, DATA OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THIS AGREEMENT.
  2. Notwithstanding the foregoing, where the parties have entered into Yardstick’s Data Processing Agreement (DPA), the DPA sets an enhanced liability cap for claims arising out of a Personal Data Breach caused by Yardstick’s breach of the DPA — equal to two (2) times the general cap above — which applies to those claims in place of that general cap; and the liability terms of the Standard Contractual Clauses, where they apply, are not limited by this Section.
  3. You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
  1. 12. Use of Information.Yardstick reserves the right, and you authorize us, to use all information regarding Platform uses by you and all information provided by you in any manner consistent with our Privacy Policy and Cookie Notice. Additionally:
  2. (a) AI MODEL USAGE: Yardstick employs artificial intelligence (AI) and large language models as part of our Services. We want to be clear about how we use your information in relation to these AI features:
  3. i. NON-TRAINING POLICY: Yardstick does not use your personal data or any data you input into our Platform to train, retrain, tune, or otherwise improve our AI models or those of third parties.
  4. ii. PERFORMANCE OPTIMIZATION: We do analyze the results and outputs generated when you use our AI-powered features. This analysis is used solely to: 
  5. - Improve and refine the prompts we use with our AI models 
  6. - Evaluate and select the highest performing AI models for our Services 
  7. - Enhance the overall quality and relevance of AI-generated outputs
  8. (b) AGGREGATE AND ANONYMIZED DATA: We may use aggregate and anonymized data derived from Platform usage to improve our Services, including our AI-powered features. This data is stripped of personal identifiers; we maintain and use it in deidentified form, take reasonable measures to prevent its reidentification, and do not attempt to reidentify it.
  9. (c) CONFIDENTIALITY: All your input data and the results generated from our AI models for your use cases are treated as Confidential Information as defined in Section 13 of this Agreement.
  10. (d) TRANSPARENCY: We are committed to being transparent about our use of AI technologies. If our practices regarding AI and data usage change, we will update this section and notify our users accordingly.
  11. (e) CONTROL: You have the right to control your data as outlined in our Privacy Policy. If you have any questions or concerns about how your information is used in conjunction with our AI features, please contact us at privacy@yardstick.team.
  12. By using our Platform, you acknowledge and agree to these information usage practices. Your use of the Platform is also governed by our Privacy Policy, which provides additional details on how we collect, use, and protect your information.
  1. 13. Confidential Information.
    1. (a) Definition of Confidential Information. As used in this Agreement, “Confidential Information” means all confidential information disclosed by a Party (“Disclosing Party”) to the other Party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.  Without limitation, your Confidential Information will include the data that you provide to the Platform or Yardstick; Yardstick’s Confidential Information will include its Services; and Confidential Information of each Party will include business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such Party. However, Confidential Information will not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
    2. (b) Protection of Confidential Information. The Receiving Party will use the same degree of care to protect the Disclosing Party’s Confidential Information that it uses to protect the confidentiality of its own Confidential Information of like kind (but in no event less than reasonable care). The Receiving Party agrees (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of the Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its affiliates’ employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. Neither Party will disclose the terms of an MSA or any Service Agreement to any third party other than its affiliates and its legal counsel and accountants without the other Party’s prior written consent.  For purposes of your use of the Platform, you agree that Yardstick may use your Confidential Information to operate its Platform as it deems necessary and appropriate.  
    3. (c) Third-Party AI Services. Yardstick uses third-party APIs to provide AI and large language model (LLM) features for our Platform. Our current and potential LLM API providers are Google (Gemini), Anthropic (Claude), and OpenAI. By using our Platform, you acknowledge and agree to the following:
      1. (i) DATA TRANSMISSION: Some of your Confidential Information may be transmitted to the LLM API providers’ servers when you use our AI-powered features. This transmission is necessary for the functionality of these features.
      2. (ii) DATA HANDLING: The LLM API providers process this data solely to provide the requested AI services and in accordance with their own privacy and security policies. Yardstick has entered into data-processing terms with these providers and uses paid API tiers under which the providers represent that data submitted is not used to train their models.
      3. (iii) NO TRAINING ON YOUR DATA: Yardstick uses paid API tiers under which the providers represent that data submitted to the LLM API providers is not used to train or improve their AI models.
      4. (iv) DATA RETENTION: Each provider processes data under its own retention practices, which Yardstick does not control.
      5. (v) SECURITY: Each provider processes data under its own security practices, which Yardstick does not control. The read-only access used for Yardstick’s development and support is likewise subject to no-training terms.
    5. (d) Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
    6. (e) Use for Platform Operation. By using the Platform, you agree that Yardstick may use your Confidential Information to operate its Platform as it deems necessary and appropriate, including transmitting certain Confidential Information to the LLM providers API for the provision of AI services.
    7. (f) Notification of Breach. In the event of any actual or suspected unauthorized access to or disclosure of your Confidential Information, Yardstick will notify you without undue delay and take commercially reasonable steps to mitigate the effects of such breach.
  2. 14. Trademarks. “Yardstick” and others are either trademarks or registered trademarks of Yardstick, Inc. Other product and company names mentioned on our Platform may be trademarks of their respective owners.
  3. 15. Copyrights and Copyright Agent.If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our copyright agent.
    1. (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. (b) A description of the copyrighted work that you claim has been infringed;
    3. (c) A description of where the material that you claim is infringing is located on the Platform;
    4. (d) Your address, telephone number, and email address;
    5. (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  4. Our copyright agent for notice of claims of copyright infringement on the Platform can be reached as follows:
    1. By email: copyright@yardstick.team 
  1. 16. Governing Law; Exclusive Jurisdiction and Venue.This Agreement and any dispute that may arise between you and Yardstick or its affiliates will be governed by and construed in accordance with the laws of the state of Washington, without regard to conflict of laws provisions. Any dispute, claim, or controversy between you and Yardstick, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries, or affiliates (collectively for purposes of this section, "Yardstick") arising from or relating in any way to (1) this Agreement and their interpretation or the breach, termination, or validity thereof, and the relationships that result from this Agreement; or (2) your use of Yardstick's Platform (collectively, "Covered Disputes") will be resolved exclusively in the state or federal courts located in King County, Washington, except where applicable law requires a different forum for consumers. You and Yardstick each consent to the personal jurisdiction of such courts and waive any objection to venue in such courts, including on the basis of forum non conveniens.
  1. 17. Severability.If any provision of this Agreement is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
  2. 18. Waiver. The failure of Yardstick to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement by Yardstick must be in writing and signed by an authorized representative of Yardstick.
  3. 19. Termination.Yardstick may terminate this Agreement and your access to the Platform at any time, with or without notice, for any reason. However, if you have a paid subscription, Yardstick will not terminate or suspend it for convenience before the end of the Billing Period(s) you have already paid for; a termination or suspension for convenience will instead take effect at the end of your then-current paid Billing Period. This limitation does not apply to termination or suspension for cause — including your breach of this Agreement, non-payment, or unlawful, fraudulent, or abusive use of the Platform — which Yardstick may effect immediately and without refund. Termination does not relieve you of amounts already due, and the provisions of this Agreement that by their nature should survive termination will survive.   
  4. 20. Relationship of the Parties.Nothing contained in this Agreement or your use of the Platform will be construed to constitute either Party as a partner, joint venturer, employee or agent of the other Party, nor will either Party hold itself out as such. Neither Party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other Party, it being intended by both Parties that each will remain independent contractors responsible for its own actions.
  5. 21. Entire Agreement. This Agreement constitutes the entire agreement between you and Yardstick and governs the terms and conditions of your use of the Platform, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Yardstick with respect to this Platform. In the event of a conflict among the documents that govern the relationship between the parties, the following order of precedence applies: (1) any fully executed Master Service Agreement or Service Agreement between the parties; then (2) this Agreement; then (3) the Privacy Policy and Cookie Notice. With respect to the processing of personal data, the Data Processing Agreement (where the parties have entered into one) controls over any conflicting term in the foregoing. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Platform. Yardstick may revise this Agreement as set out in Section 1, including by providing reasonable advance notice of material changes before they take effect. Accordingly, you should visit the Platform and review the Agreement periodically to determine if any changes have been made. Your continued use of this Platform after any changes have been made to this Agreement signifies and confirms your acceptance of any such changes or amendments to this Agreement.
  6. 22. Contact Information.‍
  7. Yardstick Inc
  8. 720 Seneca St, Ste 107, #927
  9. Seattle, WA 98101
  10. Phone: (206) 426-2420
  11. legal@yardstick.team