Terms & Conditions

for TraitX

Effective Date: April 21, 2026
Last Updated: April 21, 2026

These Terms & Conditions (“Terms”) form a legally binding agreement between you and xFusion Ops LLC, a Colorado limited liability company doing business as TraitX (“TraitX,” “we,” “us,” or “our”), governing your access to and use of our website, software, platform, applications, candidate assessment tools, AI-powered features, communications, content, integrations, and related services (collectively, the “Services”).

By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

If you access or use the Services on behalf of a company, employer, or other entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, “you” and “your” refer to both you and that entity.

Who we are

TraitX is a hiring and talent assessment platform operated by xFusion Ops LLC, a Colorado limited liability company. TraitX helps organizations manage hiring workflows, candidate evaluations, simulations, communications, and related recruiting processes. Certain features may include artificial intelligence, automation, analytics, anti-fraud tools, integrations, and candidate response review tools.

Our website address is: https://www.traitx.io
Legal entity: xFusion Ops LLC
State of formation: Colorado, United States
Contact: [email protected]

Eligibility

You may use the Services only if you are legally capable of entering into a binding contract and are not prohibited from using the Services under applicable law. If you are using the Services as a candidate, applicant, employee, contractor, recruiter, hiring manager, or administrator, you represent that the information you provide is accurate and that your use of the Services will comply with applicable law.

Scope of Services

TraitX may provide tools for job simulations, assessments, candidate intake, communications, scoring support, analytics, scheduling, integrations, AI-assisted content generation, and fraud-prevention or integrity monitoring.

We may modify, improve, suspend, or discontinue any part of the Services at any time, with or without notice, to the extent permitted by law.

Accounts and Security

You may need an account to access some features. You agree to provide accurate, current, and complete information and to keep it updated.

You are responsible for:

maintaining the confidentiality of your login credentials;
all activity under your account;
ensuring that only authorized users access your account; and
notifying us promptly at **[email protected]** if you believe your account or the Services have been accessed without authorization.

We may suspend or terminate access if we believe your account is being used unlawfully, fraudulently, abusively, or in breach of these Terms.

Customer Responsibilities

If you are an employer, organization, or other customer using TraitX to evaluate or manage candidates, you are solely responsible for:

your hiring, employment, promotion, retention, contracting, and personnel decisions;
complying with all applicable employment, labor, anti-discrimination, accessibility, privacy, data protection, consumer protection, and sector-specific laws;
providing legally required notices and obtaining legally required consents and authorizations from candidates, employees, and other individuals;
determining whether and how TraitX outputs may be used in your decision-making processes; and
reviewing results independently rather than relying solely on automated or AI-assisted outputs.

TraitX provides tools and information to support decision-making. TraitX does not make employment decisions for you and does not guarantee that use of the Services will produce lawful, fair, accurate, or successful hiring outcomes.

Candidate and End-User Responsibilities

If you are a candidate or other end user invited to use TraitX by an employer or organization, you agree that:

the organization that invited you may control parts of the process, including what assessments you complete and what information is reviewed;
TraitX may act on instructions from that organization in connection with the Services;
you will provide truthful, accurate, and non-misleading information;
you will not impersonate another person, misrepresent your identity, or attempt to bypass integrity or anti-fraud measures; and
your use of the Services may be subject to the hiring organization’s own policies and notices in addition to these Terms.

Acceptable Use

You agree not to, and not to permit others to:

use the Services for any unlawful, harmful, discriminatory, fraudulent, deceptive, defamatory, harassing, or abusive purpose;
use the Services for any unlawful, harmful, discriminatory, fraudulent, deceptive, defamatory, harassing, or abusive purpose;
use the Services in violation of employment, privacy, biometric, surveillance, consumer-reporting, or equal opportunity laws;
upload or transmit content that infringes intellectual property, privacy, publicity, confidentiality, or other rights;
interfere with, disrupt, probe, scan, reverse engineer, or attempt unauthorized access to the Services or related systems;
scrape, copy, frame, mirror, reproduce, republish, or resell the Services or platform content except as expressly permitted;
use bots, automation, or other means to create fake accounts, falsify engagement, or manipulate assessment outcomes;
introduce malware, malicious code, or other harmful technology;
use the Services to develop or train a competing product without our prior written consent; or
use AI-generated outputs from the Services in a misleading way or present them as guaranteed, bias-free, or error-free.

Assessments, Monitoring, and Integrity Features

To administer assessments, verify activity, maintain platform security, and help detect cheating, fraud, or misuse, the Services may collect and process information such as responses, uploads, timestamps, interaction logs, browser and device data, IP address, approximate location, session events, and other integrity-related signals.

Where enabled by the customer or applicable feature set, the Services may also process recordings, screenshots, typed or spoken responses, and related assessment materials.

You are responsible for ensuring that your use of these features is lawful in your jurisdiction and that all required notices and consents have been provided.

AI Features and Output Disclaimer

Some TraitX features may use machine learning, artificial intelligence, or automated scoring and analysis. AI-generated or AI-assisted outputs may be inaccurate, incomplete, biased, misleading, or unsuitable for a particular purpose.

You agree that:

AI outputs are provided for informational and workflow-support purposes only;
AI outputs are not legal advice, HR advice, employment advice, medical advice, or professional advice of any kind;
AI outputs must be reviewed by a qualified human before being relied on; and
TraitX does not warrant that any AI output is correct, lawful, non-infringing, unbiased, or fit for your intended use.

You remain solely responsible for all decisions, actions, and outcomes arising from your use of AI-assisted features.

Customer Data and User Content

“Customer Data” means data, materials, files, prompts, assessment content, job descriptions, candidate information, messages, recordings, and other content submitted to the Services by or on behalf of you.

You retain ownership of your Customer Data. You grant TraitX a non-exclusive, worldwide, limited license to host, store, process, reproduce, modify, transmit, and use Customer Data as necessary to:

provide, maintain, secure, and improve the Services;
respond to support requests;
prevent fraud, abuse, and security incidents;
comply with law and enforce these Terms; and
perform our contractual obligations.

You represent and warrant that you have all rights, permissions, and lawful bases needed for us to process Customer Data in connection with the Services.

We may use de-identified and aggregated information that does not reasonably identify you or any individual to operate, analyze, secure, and improve the Services, to the extent permitted by law.

Privacy

Our collection, use, and disclosure of personal information are described in our Privacy Policy and Cookie Notice, which are incorporated into these Terms by reference.

If you are a customer using TraitX to process personal data relating to candidates, employees, or other individuals, you acknowledge that:

you may be the controller, business, or employer responsible for determining the purposes and means of processing;
TraitX may act as your processor or service provider where applicable; and
additional data processing terms may apply through a separate Data Processing Addendum or order form.

If you are a candidate, applicant, or employee, the organization inviting you to use TraitX may separately determine how your information is collected, reviewed, and used.

Comments, Uploaded Materials, and Public Areas

If the Services allow comments, reviews, support requests, profile content, uploads, or other submissions, you are solely responsible for what you submit. You agree not to post unlawful, infringing, confidential, deceptive, or offensive content.

If you upload images, videos, documents, or other files, you should ensure you have the right to upload them and understand that certain metadata may remain embedded unless removed by you.

We may, but are not obligated to, monitor, review, remove, or refuse content that we believe violates these Terms, applicable law, or the rights of others.

Fees, Billing, and Subscription Terms

If you purchase a paid plan or subscription:

you agree to pay all fees, charges, taxes, and other amounts due under the applicable order, plan, or pricing page;
subscriptions may renew automatically unless canceled in accordance with the applicable subscription terms;
we may suspend or limit access for overdue amounts; and
except as required by law or expressly stated otherwise, fees are non-refundable.

We may change pricing prospectively by providing notice as required by law or by your subscription terms.

Intellectual Property

The Services, including our software, design, text, graphics, interfaces, trademarks, logos, workflows, and underlying technology, are owned by TraitX or our licensors and are protected by intellectual property and other laws.

Except for the limited right to use the Services in accordance with these Terms, no rights are granted to you by implication, estoppel, or otherwise.

TraitX, the TraitX name, logo, and related branding are our trademarks or the trademarks of our affiliates or licensors.

Feedback

If you provide feedback, suggestions, ideas, or recommendations regarding the Services, you grant TraitX a worldwide, perpetual, irrevocable, royalty-free, transferable license to use, copy, modify, distribute, commercialize, and otherwise exploit that feedback without restriction or compensation.

Confidentiality

If you receive non-public information relating to TraitX or another user through the Services, you agree not to use or disclose that information except as necessary to use the Services lawfully and for their intended purpose.

Suspension and Termination

We may suspend, restrict, or terminate your access to the Services at any time if:

you breach these Terms;
we reasonably believe your use creates legal, security, or reputational risk;
we are required to do so by law; or
continuing to provide the Services is no longer commercially or technically feasible.

You may stop using the Services at any time. Upon termination, provisions that by their nature should survive termination will survive, including provisions relating to intellectual property, disclaimers, limitation of liability, indemnity, dispute resolution, and payment obligations.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND SYSTEM INTEGRATION.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, TIMELY, COMPLETE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, RESULT, OUTPUT, OR RECOMMENDATION WILL BE ACCURATE, LAWFUL, RELIABLE, OR SUITABLE FOR YOUR NEEDS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAITX AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF TRAITX FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

THE AMOUNT YOU PAID TO TRAITX FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
USD $100.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless TraitX and its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

your use of the Services;
your Customer Data, content, or submissions;
your violation of these Terms;
your violation of any law or the rights of any person or entity; or
your hiring, employment, screening, evaluation, monitoring, or other personnel-related decisions or practices.

Compliance With Laws

You agree to comply with all laws applicable to your use of the Services. Without limiting the foregoing, if you use TraitX in recruiting, hiring, employment, or worker evaluation contexts, you are solely responsible for compliance with laws relating to discrimination, accessibility, accommodations, notice, consent, privacy, consumer reports, adverse action, and automated decision-making.

TraitX is not responsible for determining whether your particular use of the Services is lawful in your jurisdiction or for your use case.

Export, Sanctions, and Restricted Uses

You may not use the Services in violation of export control, sanctions, anti-boycott, or other trade laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in a restricted jurisdiction, and are not on any government prohibited or restricted party list.

Changes to These Terms

We may update these Terms from time to time. If we make material changes, we may provide notice by posting the updated Terms, updating the “Last Updated” date, sending an email, or providing in-product notice. Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the revised Terms.

Governing Law and Venue

These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict of laws principles.

Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Colorado, United States, and each party consents to the personal jurisdiction and venue of those courts.

Miscellaneous

These Terms, together with any applicable order forms, data processing terms, privacy policy, cookie notice, and other incorporated policies, constitute the entire agreement between you and TraitX regarding the Services and supersede prior agreements relating to the same subject matter.

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.

Our failure to enforce any provision is not a waiver of that provision.

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

Contact Us

xFusion Ops LLC d/b/a TraitX
Email: [email protected]
Privacy: [email protected]
Security: [email protected]
Jurisdiction: Colorado, United States