Terms of Use

These Terms of Use (“Terms”, “Terms of Use”, “Terms and Conditions”,) govern your relationship between you (“You”, “Your”) and Brain Metrics Initiative Ltd (“Brain Metrics Initiative Ltd”, “Brain Metrics Initiative”, “BMI™”).

PLEASE READ THESE TERMS (“TERMS”, “TERMS OF USE”, “TERMS AND CONDITIONS”) CAREFULLY BEFORE USING https://www.test-iq.org/business-account/ AND ALL SUBDOMAINS UNDER test-iq.org/business-account (THE “SERVICE”) OPERATED BY Brain Metrics Initiative Ltd. (“US”, “WE”, OR “OUR”).

The website https://www.test-iq.org/business-account/ and associated technology (“Technology”, “Service”, “Site”) is owned and operated by Brain Metrics Initiative Ltd. (Registered in Cyprus: HE 336402). Should you continue to use the Technology, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern Brain Metrics Initiative Ltd. relationship with you in connection with the Technology.

Should you not agree with any of the terms and conditions in this Agreement, please DO NOT use the Technology.

Your use of the Technology is subject to the following terms and conditions:

1. Definitions

Assessment means questions or sets of questions that a Candidate is invited by a Business to respond to or tasks that a Candidate is invited to perform by a Business.

Assessment Content means any content posted to the Site by Us or a Business, that is intended for use by Businesses for the Assessment of Candidates,

Assessment Response means any content created by a Candidate when undertaking an Assessment.

Candidate means any person using the Service for the purposes of undertaking an Assessment.

Business means any person using the Technology for the Assessment of Candidates.

Assessment Credits means credits purchased by Businesses that allow them to send Assessment Links to Candidates for the purpose of overtaking Assessments

Assessment Links means unique links to Assessments that are provided by Us to Businesses after the purchase of Assessment Credits and allow Businesses to invite Candidates to use our Service for the purpose of overtaking Assessments

Fully Used means that Assessment Content has been selected by a Business, the Business has requested a Candidate to complete the Assessment, and the Business has viewed the Candidate’s Assessment Response.

Order Form means a customer-specific Order Form contained in any Service Agreement.

Content means any content posted or uploaded to the Site by a User, including Assessment Responses,

Assessment Content, Author profiles, Candidate profiles, Business profiles, Business role requirements and preferences, and such content may be in the form of data, videos, photos, documents, files, comments and other materials.

Service Agreement means any Service Agreement signed by a Business and Brain Metrics Initiative Ltd, for the provision of the Technology by Brain Metrics Initiative to the Business, which is subject to these Terms of Use.

Site means test-iq.org/business-account and includes all future services, features, or variations provided by Us at test-iq.org/business-account.

User means any individual or business user of the Service, including both Businesses and Candidates, and includes you.

We or Brain Metrics Initiative or BMI™ means Brain Metrics Initiative Ltd, (HE 336402), and ‘us’, ‘our’ or any other similar word has the corresponding meaning in relation to Brain Metrics Initiative Ltd.

You means you or any legal entity that you represent when you become a User of the Service, and ‘your’ or any other similar word has the corresponding meaning in relation to you.

2. Contract

• These Terms of Use form a legally binding contract between you and Brain Metrics Initiative, once you become a User, and govern our provision, and your use, of the Technology.
• You acknowledge and agree that you accepted to be unconditionally bound by these Terms of Use:
• when you registered as a User on the Site and checked the ‘I agree’ option during registration; or
• when you signed a Service Agreement,
  
  (as applicable).
• If you are using the Technology on behalf of a legal entity, you acknowledge that your registration on the Site, or signing of a Service Agreement (as applicable), binds the legal entity that you represent, and you warrant that you have the authority to enter into contracts on behalf of, and to bind, the legal entity that you represent.
• You consent to and allow Brain Metrics Initiative to use your company name and/or logo in any promotional material or on the Site itself, provided Brain Metrics Initiative’s representation is accurate and not misleading. You may request that Brain Metrics Initiative cease any such use, and such requests must be made in writing.

3. Eligibility

In order to use the Service, you must:

• agree to these Terms;
• be at least eighteen (18) years old and able to legally undergo contractual obligations; Brain Metrics Initiative does not knowingly accept User registrations from any individual under the age of 18 years. If you register as an individual User, you represent and warrant to us that you are at least 18 years of age and, if you are seeking paid employment, you are of legal age to undertake the role for which you are applying.
• provide true, complete, and up-to-date contact and billing information. If you are an individual User you must register using the same name that you use in everyday life, and provide accurate information about yourself. If you register as a User as a Business or on behalf of a Business, you must register using the company name you are representing.
• 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. It is your responsibility to ensure that your access to the Site is legal and is not in breach of any laws that apply to you.
• Your account belongs to you and is for your use only. You must not authorize or cause any other person to use your account, and you must not transfer your account to anyone else. 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 immediate 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.

By using the Service, you represent and warrant that you meet all above-listed requirements 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.

Brain Metrics Initiative may refuse service, close accounts of any users, and change eligibility requirements at any time.

4. Content Licensing & Intellectual Property

All intellectual property in the Technology (that may include, either now or in the future, Brain Metrics Initiative’s compatibility evaluation system) is owned and retained by Brain Metrics Initiative. You must not copy, reproduce, modify, distribute or create derivative works from (or attempt to do any of those) any intellectual property of Brain Metrics Initiative.

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:

• the Content is yours (you own it) or you possess the legal right to use it, and
• 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.

5. Assessment Credits - Assessment Links & Use Limits

Each Assessment Credit purchased by a Business corresponds to a single, unique Assessment Link that can be used only once by a single Candidate to overtake a single Assessment.

After one Assessment Link has been Fully Used the total Assessment Credits amount is decreased by one.

6. Modifications to the Service & Prices - Refunds

Prices for our service and/or products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Certain refund requests may be considered by Brain Metrics Initiative on a case-by-case basis and granted at the sole discretion of Brain Metrics Initiative.

7. 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 Brain Metrics Initiative.

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.

8. Security of Information & Privacy

• By using the Technology, you are deemed to have accepted the terms of our Privacy Policy, which is published on the Site. You acknowledge that information about you and the Content posted will be collected, held, and used by us in accordance with our Privacy Policy. (Link)
• The Site uses cookies to monitor browsing preferences. If you allow cookies to be used, your Content may be stored by us for use by third parties.
• Whilst we will abide by the terms of our Privacy Policy, we cannot guarantee the security of your information transmitted over the internet. Therefore the transmission of any information or content on or through the Site is undertaken at your own risk.

9. Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Brain Metrics Initiative.

Brain Metrics Initiative 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 Brain Metrics Initiative 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 web sites or services.

We strongly advise you to read the terms of use and privacy policies of any third-party websites or services that you visit.

10. Candidates – Particular Terms

If you are a Candidate, the following additional terms apply to you:

• You agree that the information you provide may be supplied to Businesses.
• Brain Metrics Initiative uses machine learning as part of its scoring process and only takes into account: The content of your responses to the Assessment questions; How well you answer the questions (including correct grammar and spelling); If you answer questions within the time limits;
  Brain Metrics Initiative will never analyze your facial expressions or any visual data from video responses, nor will Brain Metrics Initiative ever take into account any demographic data such as your age, gender, race, etc.
• You acknowledge and agree that we may search and assess your Posted Content in connection with us providing and maintaining the Technology. You may be contacted by Businesses regarding Assessments and or job opportunities.
• You represent and warrant that any Assessment Responses are created in good faith, and represent your own work. You must not infringe the intellectual property, copyright, or moral rights of any other person during the creation of an Assessment Response.
• You acknowledge and agree that Brain Metrics Initiative does not, at any stage and notwithstanding the provision of the Site, make any representation, warranty or guarantee, express or implied, that jobs are available, that you will receive job offers, or that you will be contacted by Businesses. You also acknowledge and agree that Brain Metrics Initiative does not make any representation, warranty or guarantee, express or implied, as to the actual suitability of any jobs offered by Businesses to you.
• You acknowledge and agree to be conscious of cybersecurity and to protect your personal financial information. Candidates are responsible for when and how they share this information as part of an interview process. Brain Metrics Initiative does not recommend sharing any personal financial information as part of an assessment. When in doubt, candidates can contact Brain Metrics Initiative via available help channels.

11. Businesses – Particular Terms

• You must only use the Technology to undertake the Assessment of Candidates for bona fide reasons (including actual employment opportunities or to enable job readiness).
• Brain Metrics Initiative may, at its sole discretion, restrict the number of Candidates you invite to the Site should Brain Metrics Initiative deem your use of the Site to be unreasonably excessive.
• Unless otherwise agreed with Brain Metrics Initiative, you must only create one account (your own).
• You must not use the Technology to undertake Assessment of Candidates for any jobs which are unlawful, offensive, discriminatory or inappropriate, including but not limited to jobs with conditions that do not meet award conditions in the relevant jurisdiction or jobs involving unsafe working conditions.
• You acknowledge that you may be provided with personal details of Candidates (as provided to us through the Site). You must only use such details for their intended purpose, and for no other purpose whatsoever. You must not send advertisements, bulk email communications, or any other ‘spam’ communications.
• You acknowledge and agree that Brain Metrics Initiative does not, at any stage and notwithstanding the provision of the Technology, make any representation, warranty or guarantee, express or implied, that Candidates are available, that Candidates will meet your requirements, or that Assessment Content or Assessment Responses will meet your requirements. You also acknowledge and agree that Brain Metrics Initiative does not make any representation, warranty or guarantee, express or implied, as to the actual suitability of any Candidates for the jobs you have available.

12. Limitation of Liability and Exclusion of Warranties

• Brain Metrics Initiative provides the Technology on an ‘AS IS’ basis, and to the maximum extent permitted by law, all rights, remedies, warranties and guarantees in relation to the Technology are excluded, whether such rights, remedies, warranties or guarantees are expressed or implied.
• Brain Metrics Initiative has no control over, and does not independently verify Content, the quality of Candidates, Assessment Content, Assessment Responses, or jobs offered by Businesses, and does not approve or monitor any communications between Businesses and Candidates made through the Site. Use of the Site and any communications or appointments made through the Site are therefore entirely at your own risk.
• To the maximum extent permitted by law, Brain Metrics Initiative excludes all liability to you for any action taken, or decision made, by you or any other person on the basis of information provided on the Technology, and Brain Metrics Initiative will not be responsible for any loss or damage howsoever caused (including through negligence) suffered or incurred by you in relation to your use of the Technology.
• To the extent that Brain Metrics Initiative’s liability in respect of the provision of the Technology cannot be excluded, then Brain Metrics Initiative’s liability to you is limited to supplying the relevant services used on the Site again or paying the cost for a third party to supply the relevant services (at Brain Metrics Initiative’s discretion).
• To the maximum extent permitted by law, Brain Metrics Initiative and its directors, employees, partners, agents, suppliers, or affiliates, will not be liable to you for any indirect, consequential, or economic loss (including loss of profit, revenue, contract, opportunity, business, use, or anticipated savings) under any circumstances in relation to your use of the Technology.
• Every effort is made to keep the Site up and running smoothly. In no event shall Brain Metrics Initiative, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for, the Site being temporarily unavailable due to technical issues beyond our control.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of Cyprus, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will 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 will 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.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

14. Changes

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 will be determined at our sole discretion.

15. Account Suspension & Termination

We reserve the right to refuse, suspend or cancel the registration or use of any User for any reason without notice, including if a User has breached these Terms of Use. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Last updated: April 26, 2021