Candidate terms of service

Version v1 - January 2024

Introduction

These TestGorilla Candidate terms of service (“Terms”), outline the terms regarding your use of the Services and are an integral part of the agreement between you (“you” or “your”) and TestGorilla B.V. (“TestGorilla”, “us”, “we”, or “our”). These Terms are a legally binding contract between you and TestGorilla. If you do not agree with these Terms, do not use the Services, or do not register for a TestGorilla account. By using or accessing the Services, or registering for a TestGorilla account, you are agreeing to be bound by these Terms, the Privacy policy, and the Cookie policy (together the “Agreement”) as available on our website (“Website”). TestGorilla will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services. When you use the Services, you agree to all of these Terms, including our Privacy policy and the Cookie policy, including updates, which state how we collect, use, share, and store your personal information.

1. The services

1.1. TestGorilla provided skills-based assessments and tests for our customers' hiring and recruitment process. The Services” include all products and services provided by TestGorilla that are used or accessed by you.

1.2. The Services are for personal and private individual use. We reserve the right to immediately terminate your access to the Services and your account upon violation by you of this prohibited use of the Services under these Terms.

1.3. In order to use our Services, you must be of at least 16 years of age. If applicable law requires that you must be older in order for TestGorilla to lawfully provide the Services to you without parental consent (including using of your personal data) then the minimum age to use the Services is such older age. Failure to do so constitutes a breach of the Terms, which may result in termination of your access to the Services or account.

1.4. You agree that we may provide the Services to you through our affiliates.

2. Contact

2.1.  You agree that TestGorilla can provide notices and messages to you either within the Services or via the contact information that you provided us (e.g., email, mobile number, physical address). You agree to keep your contact details up to date.

2.2. In case you have any questions or enquiries or require help, please contact TestGorilla support.

3. Users and members; Account creation

3.1.  When you register for the use of the Services, you may opt to create a TestGorilla member account and become a member of TestGorilla (“Member”). If you have chosen not to register for an account, you may access and use the Services as a “User.”

3.2.  If you want to register as a Member, you need to create an account. To create an account, you must provide your email address and create a password.

3.3.  You are responsible for safeguarding your account details and password that you use to access the Service and for any activities or actions under your account. You agree not to share or transfer your account or disclose your password to any third party.

3.4. You are responsible for preventing unauthorized access to or use of the Services through your account and will notify TestGorilla immediately of any such unauthorized access or use. TestGorilla is not liable for any loss or damage arising from unauthorized use of your account.

4. Rights and responsibilities

4.1. In using the Services, you agree to: (a) use the Services only in accordance with these Terms and applicable laws; (b) use your real name on your profile; (c) use the Services in a professional manner; (d) provide TestGorilla with information that is accurate, complete, and current during your use of the Services.

4.2.  You will be solely responsible for all use of the Services under your account.

4.3.  You are expressly prohibited from recording, disclosing, publishing, sharing or make available assessment tests, individual questions or assignments, either to other individuals or by the general public, online or otherwise.

4.4.  In addition, you shall not: (a) create a false identity, misrepresent your identity, use the Services or create an account for anyone other than yourself, or use or attempt to use another’s account; (b) duplicate any portion of the Services, or any documentation (except for your internal use); (c) modify, translate, decompile, reverse engineer, disassemble, adapt the Services, or attempt to derive the source code of the software offered through the Services; (d) use the Services, or allow the transfer, transmission, export, or re-export of the Services or portion thereof in violation of any applicable law, regulation or rule; (e) violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights; (f) violate the intellectual property or other rights of TestGorilla; (g) develop any software or service that is derived from the Services and materially similar in function to or competes with the Services; (h) bypass, hack or breach any security device or protection used by the Services or access or use the Services, with or without automated means (such as scrape, crawl or spider); (i) remove, modify or obscure any identification or proprietary or restrictive rights markings or notices from the Services or any component thereto; (j) input, upload, transmit, or otherwise provide to or through the Services, any information or materials that are unlawful or injurious, including the distribution or publication of information that violates applicable law, contrary to public order or public morality, or contain, transmit, or activate any software, hardware, or other technology, device, or means, including any virus, worm, malware, or other malicious computer code; (k) lease, (re)sell, (sub)license, assign, distribute, publish, transfer, or otherwise make available any Services to any third parties; or (l) aid or assist any third parties in doing any of the above.

4.5.  If you violate these restrictions and Terms or threaten to violate them, TestGorilla is entitled to intervene, without prior consultation, to terminate the violation or to prevent any imminent danger, for example by disabling your account or your access to the Services. You will be liable for any damage caused by your use of the Services through your account in violation of these restrictions. TestGorilla is at all times entitled to report criminal offenses with the relevant authorities, directly related to your violation of the restrictions, it has discovered and shall have no liability for any damage to you that may result from such reports.

5. Modifications; Maintenance and downtime

5.1. We have the right to occasionally modify the features and operations of the Services and will use reasonable efforts to inform you.

5.2.  The Services may occasionally become unavailable due to (a) the performance of scheduled or unscheduled maintenance, modifications, or upgrades; (b) hardware failures, or failures of third-party providers; (c) to mitigate or prevent the effects of any threat or attack to the Services or any other network or systems on which the Services rely; (d) as necessary for legal or regulatory reasons. We will use reasonable efforts to communicate any scheduled service outages to you in advance.

5.3. TestGorilla is not liable for any damages, losses, or any other consequences incurred as a result of the unavailability of Services or the failure to provide notice of unavailability.

6. Beta products

6.1. We may invite you to test out new or additional products or features of our Services that are not generally available to all Members or other Users of the Services (“Beta products”).

6.2.  Beta Products may contain errors and are provided for limited evaluation only.

6.3.  Beta Products are provided “AS IS” without warranty of any kind, whether express, implied, statutory, or otherwise. TestGorilla specifically disclaims all implied warranties of merchantability, noninfringement and fitness for a particular purpose with Beta Products.

6.4.  TestGorilla does not have any obligation to provide Beta Products to you and TestGorilla is entitled to terminate or discontinue a Beta Product at any moment.

7. TestGorilla intellectual property

7.1.  Subject to the terms and conditions of the Agreement, TestGorilla hereby grants to you, and you accept, a limited, personal, non-exclusive, non-sublicensable, non-transferable, non-assignable license to access and use the Services solely for your own personal use.

7.2.  You acknowledge and agree that we, and our licensors, as applicable, own all rights in and to the Services software, including any related software application or component thereof, or to any associated materials or intellectual property, or in or to any enhancements, modifications, updates, or improvements of any of the foregoing (including any feedback you may provide), and all other materials created by us or provided by us to you as part of the Services under the Agreement.

7.3.  The Agreement does not grant you any title or right of ownership in or to the Services, or any related software application or component thereof, or to any associated materials or intellectual property, including test content and questions, test algorithms and psychological profiling.

7.4.  You are prohibited to modify, translate, decompile, reverse engineer, disassemble, publish, share or adapt the Services and the associated intellectual property rights, or attempt to or abstract the source code from the software underlying the Services or the applications in any other way. You shall not remove or alter any of TestGorilla’s proprietary or copyright notices, trademarks or logos contained in the Services.

8. License and personal data

8.1.  Any content, feedback, and personal information that you have provided as input via the use of the Services including the test results and scores derived from the Services (“Candidate data”) shall be the exclusive property of you.

8.2.  You grant us and our affiliates, a worldwide, transferable, and sublicensable right to use, copy, modify, distribute, publish, and process Candidate Data, only to the extent necessary to provide the Services, without any further consent, notice and/or compensation to you or others.

8.3.  As part of your agreement, you explicitly allow TestGorilla to make Candidate Data available to our customers as part of the Services.

8.4.  You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except: (a) to the extent such content has been shared with our customers as part of the Services and these customers copied, re-shared or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

8.5.  As a Member, you have the option to set the settings of your account as "public", which enables a feature that allows our customers to conduct recruitment searches based on skill sets or assessment results which may include your profile and test results. By selecting this option, you explicitly agree that your profile and test results may be shared with our customers.

8.6.  While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout, or file type, or removing metadata), we will not modify the results of your assessment and tests.

8.7.  You and TestGorilla agree that if you provide personal data, such personal data is subject to our Privacy Policy.

8.8.  You and TestGorilla agree that we may access, store, process and use any information and personal data that you provide in accordance with these Terms, the terms of our Privacy Policy, as well as your choices and settings.

8.9.  By submitting suggestions or other feedback regarding our Services to TestGorilla, you agree that TestGorilla can use and share (but does not have to) such feedback for any purpose without compensation to you.

8.10. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be correct.

9. Customer content

9.1. The Services are used by our customers as an assessment and hiring tool to test and select potential future employees. As such, our customers can customize assessment tests and upload their own content, information, questions, and tests. By using the Services, your use of our customer’s content and information posted via our Services is at your own risk.

9.2.  TestGorilla generally does not review content provided by our customers. You agree that we are not responsible for content or information provided by our customers. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.

10. No warranties

10.1. TestGorilla its affiliates make no representation or warranty about the Services, including any representation that the Services will be uninterrupted or error-free, and provide the Services (including content and information) on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted under applicable law, TestGorilla hereby disclaims all warranties and conditions with respect to the Services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of title, accuracy of data, non-infringement, merchantability, of satisfactory quality, of fitness for a particular purpose, or accuracy.

11. Indemnification; Limitation of liability

11.1. You agree, at your own expense, to indemnify, defend and hold harmless TestGorilla and its employees, representatives, advisors and agents, against any claim, suit, action or other proceeding, to the extent based on or arising in connection with your use of the Services, including, but not limited to: (i) any rejection of your job application in connection for which you used the Services irrespective whether this rejection was based on your unsuitability based on your test results or other factors; (ii) a violation of the Terms by you or anyone using your account; (iii) a claim that any use of the Services by you infringes any intellectual property right of any third party; (iv) any unauthorized use of, the Services by you or someone using your account and password; or (v) any misrepresentation or breach of representation, warranty or covenant made by you contained herein.

11.2. To the greatest extent permitted by applicable law, TestGorilla, including its affiliates, will not be liable in connection with this Agreement for lost profits, lost business, lost or failed job opportunities, reputation (e.g., offensive, or defamatory statements), loss of data (e.g., down time or loss, use of, or changes to, your information or content) or any indirect, incidental, consequential, special, or punitive damages.

11.3. TestGorilla and its affiliates will not be liable to you in connection with this Agreement for any amount that exceeds EUR 50,00 (fifty euro).

11.4. The limitations of liability in this article shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, and law) even if TestGorilla or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

11.5. These limitations of liability do not apply to liability for death or personal injury, gross negligence, or intent.

12. Account suspension

12.1. We shall have the right to remove any inappropriate content from the Services, limit, suspend your access to your account and the Services with immediate effect and without prior notice in the event that, in our reasonable determination if: (a) your use of the Services is for any unlawful, unauthorized or fraudulent purpose; (b) you are in material breach of any provision of the Agreement; (c) your use of the Services is materially adversely threatening the security, availability or integrity of the Services; (d) our provision or your use of the Services is not permitted by applicable laws or regulations; (e) the account information you have provided is incorrect or incomplete.

12.2. If your account or use of the Services is suspended by us as a result from your actions or omissions pursuant to this Section 12, TestGorilla does not have any liability for damages or losses, or any other consequences that you may incur as a result.

13. Term and termination

13.1. Both you and TestGorilla may terminate the Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services.

13.2. Regarding a material breach of the Agreement by you, TestGorilla may, in addition to termination, suspend the provision of certain Services, close your accounts.

13.3. In the event of any expiration or termination of the Agreement: (a) you shall immediately cease all use of the Services; (b) TestGorilla will suspend your access to the Services and you shall no longer have access to TestGorilla’s platform including your historical assessments; (c) TestGorilla will delete your data, unless (i) it is required to store such data longer as required by applicable law or (ii) as required to prosecute or defend a legal claim, in which case such information will only be retained for as long as required to resolve the claim. Such deletion shall in any case exclude specific Candidate Data that was shared with customers as part of the Service and these customers have copied, re-shared or stored such Candidate Data.

13.4. In case of a termination, this shall not affect our rights to (continue to) use and disclose any anonymized or aggregated data (excluding personal data) based on your input and information you shared as part of your use of the Services, including use of such anonymized or aggregated data by our customers.

13.5. The following sections and paragraphs shall survive the expiration or termination of this Agreement under Section 13 (Term and Termination), Section 7 (Intellectual Property), Section 8 (License and Personal data), Section 10 (Warranties), Section 11 (Indemnification; Limitation of Liability), Section 14 (General) and Section 15 (Governing law).

13.6. You can contact TestGorilla support to aid you in closing your account.

14. General

14.1. Transferability and subcontracting You are not allowed to assign or transfer your rights or obligations under this Agreement, nor your account, without prior and explicit consent from TestGorilla. Any attempt to do so shall be null and void. However, you agree that TestGorilla may assign this Agreement or parts thereunder to its affiliates or subcontractors.

14.2. Changes TestGorilla is entitled to change and amend these Terms from time to time. We will use reasonable efforts to notify you of any material changes by posting an announcement on the Website or by email. To the greatest extent permitted by applicable law, the new Terms will take immediate effect, and your continued use of the Services following our posting or notice of the changes will constitute your acceptance of the updated Terms.

14.3. Entire Agreement The Agreement constitutes the entire agreement between you and us with respect to its subject matter and supersedes all prior oral and written understandings, communications, or agreements.

14.4. Severability If any provision of the Agreement should be found to be void or unenforceable, you and TestGorilla agree to modify such provision, but only to the extent necessary to comply with the law, and the remainder of the Agreement will remain in full force and effect and will not be terminated.

15. Governing law

15.1. Any dispute relating to this Agreement, including the Terms, or the Services shall exclusively be governed by the laws of the Netherlands, excluding its conflict of laws rules.

15.2. With respect to jurisdiction, you and TestGorilla agree to choose the courts in Amsterdam, the Netherlands, to decide upon all disputes arising out of or relating to this Agreement.