These Terms and Conditions (“Terms”) constitute a binding legal agreement between the Company, Employer, or Organization (“Company,” “you,” or “your”) and Evluate, governing your use of Evluate’s AI-powered assessment platform (the “Platform”) for recruitment, evaluation, and hiring activities. By creating an account or otherwise accessing the Platform, you represent that you have read, understood, and agreed to be bound by these Terms and any associated policies, including the Evluate Privacy Policy.
3.1. Account Creation. To access the Platform, the Company must complete the registration process and provide accurate, complete, and current information as required. The Company agrees to update registration information promptly should any changes occur.
3.2. Security Obligations. The Company shall maintain the confidentiality of all login credentials issued to its users and is solely responsible for any activities or actions taken under those credentials. Evluate disclaims any liability for unauthorized access resulting from failure to secure login credentials.
4.1. License Grant. Subject to the terms of this Agreement, Evluate grants the Company a limited, revocable, non-transferable, and non-exclusive license to access and use the Platform solely for evaluating candidates within lawful hiring practices. Any other use, including but not limited to reverse engineering, unauthorized access, or distribution of Platform data, is strictly prohibited.
4.2. Compliance with Laws. The Company shall use the Platform in compliance with all applicable local, national, and international laws and regulations, including employment and anti-discrimination laws.
5.1. Fees. Certain services on the Platform require payment, subject to the applicable pricing structure specified by Evluate. By using paid services, the Company agrees to pay all associated fees as invoiced.
5.2. Payment Terms. Payments are due in accordance with the terms specified during registration or as otherwise provided by Evluate. Failure to remit payment in a timely manner may result in suspension or termination of access to the Platform.
5.3. Refund Policy. Refunds are issued at the sole discretion of Evluate and are governed by the terms specified for each service.
6.1. Data Collection. Evluate collects and processes data from the Company and its Candidates to provide assessment services, as outlined in the Evluate Privacy Policy. By using the Platform, the Company consents to such data processing.
6.2. Data Ownership and Responsibilities. Candidate assessment data submitted via the Platform remains the property of the Company. Evluate processes this data solely to facilitate assessments. The Company is responsible for maintaining data in accordance with applicable privacy laws.
6.3. Compliance with Privacy Obligations. The Company shall handle and protect all personal data of Candidates in compliance with applicable privacy laws, and shall obtain any necessary consents from Candidates as required by law.
7.1. Platform Ownership. All intellectual property rights, including but not limited to copyrights, trademarks, and patents associated with the Platform, are owned exclusively by Evluate or its licensors. Unauthorized use of any portion of the Platform’s intellectual property is prohibited.
7.2. Limited License for Use. The Company is granted limited access solely to use the Platform’s assessment functionalities for internal evaluation purposes. Any reproduction, modification, or redistribution of Platform materials beyond these terms is prohibited.
8.1. Disclaimer of Warranties. The Platform is provided “as is” and “as available,” without any warranties of any kind, either express or implied. Evluate does not guarantee that the Platform will be free of errors or interruptions.
8.2. Limitation of Liability. To the fullest extent permitted by law, Evluate disclaims any liability for indirect, incidental, special, or consequential damages arising from or related to the Company’s use of the Platform. This includes, but is not limited to, loss of data, lost profits, or reputational harm.
8.3. No Employment Outcome Guarantee. Evluate does not warrant that use of the Platform will result in any specific hiring or employment outcomes. The Company is solely responsible for all employment decisions based on assessment results.
9.1. Termination for Breach. Evluate reserves the right to terminate or suspend the Company’s access to the Platform at its sole discretion if Evluate determines that the Company has violated these Terms.
9.2. Effect of Termination. Upon termination, all rights granted to the Company under this Agreement shall immediately cease. The Company will remain responsible for any outstanding fees and data retention responsibilities as per the Evluate Privacy Policy.
10.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction].
10.2. Dispute Resolution. Any disputes arising from or related to these Terms or the Company’s use of the Platform shall be resolved exclusively through binding arbitration or in the courts of [Jurisdiction].
Evluate reserves the right to amend these Terms at its sole discretion. Notice of significant changes will be provided via email or through notifications on the Platform. Continued use of the Platform after amendments constitutes acceptance of the revised Terms.
For questions regarding these Terms or other Platform-related inquiries, please contact:
