Terms of Service

1. Agreement to these Terms

These Terms of Service (the “Terms”) are a binding agreement between you and Pendium, LLC, a Missouri limited liability company doing business as Emeri (“Emeri,” “we,” “us,” or “our”), located at 333 George Ave., St. Louis, MO 63122, telephone 1-314-794-8934. They govern your use of the Emeri website, the free check, the paid certification examination, The Vanguard registry, credential verification pages, badges, and all related services (together, the “Service”).

By accessing or using the Service, you agree to these Terms and to our Privacy Policy and Refund Policy, which are incorporated into these Terms by reference. If you do not agree, do not use the Service.

Please note: Section 15 contains a binding arbitration provision and class action waiver. It affects how disputes between you and Emeri are resolved. Please read it carefully.

2. Eligibility

You must be at least 16 years old to use the Service, and at least 18 years old (or the age of majority where you live) to purchase a certification. If you are under 18, you may purchase only with the involvement and consent of a parent or legal guardian. By using the Service you represent that you meet these requirements and that any information you provide is accurate.

3. The Service

Emeri assesses how a person works with AI and issues a grade against a published standard. The Service includes a free indicative check, a paid certification examination, and — for certified candidates — a credential published on The Vanguard, our public registry, with a verifiable badge and public verification page. The standard, the competencies assessed, and the assessment format are described on our Methodology page and may evolve over time.

4. Accounts and authentication

We authenticate you by email using magic links rather than passwords. You are responsible for maintaining control of the email address associated with your account and for all activity that occurs through it. You agree to provide accurate identifying information — including your real name — and to keep it current. You may hold only one account, and you may not access the Service through another person’s account or let another person use yours.

5. What a certification is — and is not

An Emeri certification is an attestation that, on a particular date, you completed our assessment and performed at the band awarded, measured against the version of our standard then in effect. It reflects performance on that assessment at that point in time. It is not, and must not be represented as:

• a professional license, government authorization, academic degree, or accredited qualification of any kind;
• a guarantee of your current or future skill, competence, or job performance, or of any employment, engagement, compensation, or other outcome;
• an endorsement, recommendation, or vouching by Emeri of you, your work, or your fitness for any particular role or purpose.

Emeri is an independent assessment body. We are not affiliated with, and our certifications are not endorsed by, any AI vendor, employer, or accreditation agency.

6. Assessment and grading

Certification examinations combine structured questions with free-response scenarios. Scenario responses are graded by an AI examiner applying human-written rubrics, as described in our Methodology. You acknowledge and accept that AI-assisted grading is an inherent part of the Service.

Grading judgments involve discretion. All grading determinations, band awards, and certification decisions are made by Emeri in its sole discretion and are final. We do not offer re-grades, appeals, or score adjustments except where we choose to offer them, and a grade you disagree with is not a defect in the Service. Each paid certification covers a single examination attempt unless we expressly state otherwise.

7. Examination integrity

A grade only means something if it is honestly earned. When taking any assessment, you agree that you will:

• take the assessment yourself, without another person sitting or assisting;
• give your own answers, produced during the assessment;
• not use automation, scripts, or tools to generate answers where the assessment requires your own judgment;
• not copy, record, photograph, share, publish, or solicit examination questions, scenarios, rubrics, or answers, before, during, or after the assessment;
• not attempt to manipulate, probe, or reverse-engineer the grading process.

We may investigate suspected violations and may use technical and statistical means to detect misconduct. If we conclude, in our reasonable discretion, that a violation occurred, we may void the attempt, withhold or revoke the credential, remove you from The Vanguard, and bar you from future assessments — without a refund.

8. Your credential: license, publication, and revocation

License, not ownership.A credential, badge, verification page, and registry listing remain the property of Emeri. While your credential is valid, we grant you a limited, non-exclusive, non-transferable, revocable license to display your badge and refer to your certification, accurately and in connection with yourself only. You may not alter the badge, transfer or sell the credential, or use Emeri’s name, marks, or badge in a way that suggests sponsorship or endorsement beyond the certification itself.

Accurate representation. You are responsible for how you represent your grade. You must state the band you were actually awarded and, where relevant, the date of issue. Claiming a band you were not awarded, representing a revoked credential as valid, or representing your free-check result as a certification is a material breach of these Terms.

Publication. Certification is public by design. By certifying, you consent to publication of your credential — including your name, band, skill profile, portrait photo (if provided), and issue date — on The Vanguard and your public verification page, and in social preview images generated from them. You may request removal of your listing as described in our Privacy Policy; removal withdraws the public credential.

Revocation. We may suspend or revoke a credential, and remove the associated listing, if: (a) it was obtained in violation of Section 7; (b) it was issued in error, including through a technical or grading fault; (c) you misrepresent it; (d) payment for it is reversed, charged back, or found fraudulent; or (e) revocation is required by law. Where practical we will tell you why. A revoked credential must no longer be displayed or claimed.

Standard versions. Credentials do not currently expire, but each is tied to the version of the standard under which it was issued. As the standard evolves we may annotate, version, or supersede earlier credentials, and may offer re-certification. We will not retroactively lower an honestly earned grade because the standard changed.

9. Fees, payment, and refunds

Certification requires payment of the fee displayed at checkout. Payments are processed by our payment provider (Stripe); we do not see or store your full card details. Prices may change, but a change will not affect a certification you have already purchased. You are responsible for any applicable taxes.

Refunds are governed by our Refund Policy. In short: a full refund is available within 14 days of purchase if you have not started the exam; once the exam begins, the fee is earned. Initiating a chargeback on a fee for a credential that has been issued may result in revocation of that credential.

10. Acceptable use

In addition to the integrity rules in Section 7, you agree not to:

• use the Service in violation of any law or these Terms;
• impersonate any person, misstate your identity, or certify on behalf of someone else;
• scrape, harvest, or bulk-download content from the Service, including registry and verification data, whether manually or by automated means;
• probe, disable, overburden, or interfere with the Service or its security features;
• copy, frame, or mirror the Service, or create derivative works from our assessment content;
• use the Service to build a competing assessment or to train a model on our examination content.

11. Verification pages and reliance by third parties

Verification pages and The Vanguard let anyone confirm that a credential was issued by Emeri and remains valid. They are provided for informational purposes only. A verification confirms the status of a credential — it is not advice, an endorsement, or a warranty of any person’s current abilities, honesty, or suitability. Employers and other third parties who rely on a credential do so at their own risk and are solely responsible for their own hiring, engagement, and business decisions. Emeri owes no duty of care to any party arising from reliance on a credential or verification page.

12. Intellectual property

The Service and everything in it — including examination questions, scenarios, rubrics, the standard and its competency definitions, badges, badge designs, software, text, and graphics, and the Emeri name and logo — are owned by Pendium, LLC or its licensors and are protected by intellectual property law. Examination content is confidential and constitutes our trade secrets. Except for the credential license in Section 8, no rights are granted to you. Your answers to free-response scenarios remain yours; you grant us a license to use them to grade you, operate the Service, and improve the fairness and quality of the standard, as described in our Privacy Policy.

If you believe content on the Service infringes your copyright, send a notice compliant with 17 U.S.C. § 512 to Pendium, LLC, Attn: Copyright Agent, 333 George Ave., St. Louis, MO 63122, or support@emeri.org. We may remove material and, for repeat infringers, terminate accounts.

13. Disclaimers

THE SERVICE, ALL ASSESSMENTS, GRADES, CREDENTIALS, BADGES, REGISTRY LISTINGS, AND VERIFICATION PAGES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ANY ASSESSMENT MEASURES OR PREDICTS ANY PERSON’S ABILITY, THAT GRADING (INCLUDING AI-ASSISTED GRADING) WILL BE FREE OF ERROR OR VARIANCE, OR THAT HOLDING A CREDENTIAL WILL PRODUCE ANY PARTICULAR RESULT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Limitation of liability; indemnity

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PENDIUM, LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST OPPORTUNITIES, LOSS OF EMPLOYMENT OR ENGAGEMENT, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATING TO THE SERVICE, ANY ASSESSMENT OR GRADE, ANY CREDENTIAL OR ITS REVOCATION, OR ANY RELIANCE ON A CREDENTIAL, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE AND (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to indemnify and hold Pendium, LLC harmless from claims, damages, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your misrepresentation of a credential or grade, or your violation of law or the rights of a third party.

15. Governing law; dispute resolution; arbitration

These Terms are governed by the laws of the State of Missouri, without regard to its conflict-of-law rules.

Talk to us first. Before filing a claim, you agree to email us at support@emeri.org describing the dispute, and to give us 60 days to try to resolve it informally. Most concerns can be sorted out this way.

Binding arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, rather than in court. The arbitration will be conducted in St. Louis County, Missouri, or remotely by videoconference, or in another mutually agreed location. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this provision.

Class action waiver. Disputes will be arbitrated only on an individual basis. YOU AND EMERI EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) may proceed in court.

Carve-outs and opt-out. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or the confidentiality of examination content. You may opt out of arbitration by emailing support@emeri.org within 30 days of first accepting these Terms, stating your name and that you opt out. Court proceedings not subject to arbitration must be brought in the state or federal courts located in St. Louis County, Missouri, and you consent to their jurisdiction.

16. Suspension and termination

You may stop using the Service at any time and may request account deletion as described in our Privacy Policy. We may suspend or terminate your access — and, where Section 8 applies, revoke credentials — if you materially breach these Terms, if required by law, or if we discontinue the Service. Sections that by their nature should survive termination (including 5, 7, 8, and 11 through 17) survive.

17. Changes; general terms

Emeri is an evolving standard, and we may refine the assessment, the competencies, the Service, and these Terms over time. If we make a material change to these Terms, we will post the updated Terms here with a new date and, where the change materially affects certified users, take reasonable steps to notify you. Continued use of the Service after a change takes effect constitutes acceptance.

These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control. You consent to receive notices and communications from us electronically at the email address associated with your account.

18. Contact

Pendium, LLC dba Emeri
333 George Ave., St. Louis, MO 63122
1-314-794-8934
support@emeri.org