Last updated June 16, 2021.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
In order to use the Service, you must:
- be at least eighteen (18) years old and able to legally undergo contractual obligations;
- complete the registration process;
- agree to these Terms;
- provide true, complete, and up-to-date contact and billing information; and
- not be – either individually or as part of a group, entity or state, subject to EU, US and UN sanctions, embargoes, and bans that prohibit the use of this Service
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
TestGorilla may refuse service, close accounts of any users, and change eligibility requirements at any time.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. A minimum number of Billing Cycles may apply to a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or TestGorilla cancels it. You may cancel your Subscription renewal either through your online account settings page or by contacting TestGorilla’s customer support team, taking into account a notice period of at least 30 days.
A valid payment method, including a credit card or PayPal, is required to process the payment for your Subscription. You shall provide TestGorilla with accurate and complete billing information including full name, address, state, zip code, country, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize TestGorilla to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, TestGorilla will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
3. Free Plan
TestGorilla may, at its sole discretion, offer a Subscription free of charge (a “Free” plan). You will not be charged by TestGorilla for using the Free plan.
4. Fee Changes
TestGorilla, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change shall become effective at the end of the then-current Billing Cycle.
TestGorilla shall provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such modifications become effective.
Your continued use of the Service after the modification of the Subscription fee comes into effect constitutes your agreement to pay the modified Subscription fee amount.
5. Content licensing and intellectual property
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its lawfulness, reliability, accuracy, and appropriateness.
You, as the creator of the Content you post, submit, and display on or through the Service, retain any and all intellectual property rights on said Content. As the sole right owner, you have the responsibility to protect these rights. We hereby acknowledge that the posting or displaying of this Content on the Service does not in any way amount to an implied license or to a consent to use the Content on behalf of third parties. We will therefore abstain from using this Content in any way except with your explicit written authorization.
You represent and warrant that: (i) the Content is yours (you own it) or you possess the legal right to use it, and (ii) the posting of your Content on or through the Service does not violate the data protection and privacy rights, copyrights, or other intellectual property rights, contractual rights or any other rights of any third person.
6. Authorized use of the Service
You may only use the Service for lawful purposes and in a manner consistent with the nature and purpose of TestGorilla.
You must not use the Service to assess candidates for any jobs which are unlawful, unsafe, offensive, discriminatory, or inappropriate.
You must not use the Service to solicit information from candidates that could be used to discriminate against them.
Unauthorized use of the Service may be a criminal offense and/or give rise to a claim for damages.
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
8. Intellectual Property on the Service
The Service and its original content (excluding Content provided by users), features, and functionality are and shall remain the exclusive property of TestGorilla and its licensors. The Service is protected by copyright, trademark, and other laws of both the Netherlands and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TestGorilla. You agree that TestGorilla shall hold the exclusive property rights to the (aggregated and anonymized) test scores and may use these for performing and improving its Services (e.g. benchmarking of scores).
9. Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by TestGorilla.
TestGorilla has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that TestGorilla shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
10. Data Protection
We may terminate or suspend your account, without prior notice or liability, for any reason, including without limitation if you breach the Terms.
Upon termination, your right to use the Service shall immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
12. Limitation Of Liability
In no event shall TestGorilla, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Such limitations shall not apply if the damages are the result of a deliberate act or gross negligence on the part of TestGorilla or its senior management. In any case shall TestGorilla’s aggregate liability under these Terms be limited to the fees actually paid by you to TestGorilla in the last Billing Cycle.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
TestGorilla its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
14. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.
All disputes between TestGorilla and you (whether or not such dispute involves a third party) shall be submitted exclusively to the competent court of law in Amsterdam, the Netherlands
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms shall remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change shall be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
16. Partial invalidity
If, at any time, any provision of the Terms is or becomes illegal, invalid, or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity, or enforceability of the remaining provisions nor the legality, validity, or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.
17. Contact Us
If you have any questions about these Terms, please contact us.