Terms of Service

The Testamy website is operated by TESTAMY AI SYSTEMS LTD (“we”, “us”, “our” or “Testamy”). We are registered in England and Wales under company number 17378742. Our registered office is at 167–169 Great Portland Street, London, England, W1W 5PF.

Definitions

"Talent" means any person who accesses the Testamy Service Platforms to search for employment openings or job searches. "Employer" refers to any entity represented by an individual accessing the platform, either directly or indirectly, for the purpose of fulfilling the recruitment needs of that entity. "Terms of Service" refers to these Terms of Service and any updated version of the same. "Testamy Service Platform" refers to any and all applications, websites, and software through which TESTAMY AI SYSTEMS LTD's services are accessible. "Service Platform" has the same meaning as Testamy Service Platform. "Talent Data" means all any information provided by a Talent that is capable of identifying the Talent or any other person, including names, pictures, email addresses, telephone numbers.

General Terms

1. Access to and use of Testamy's online and/or mobile services and websites, including mobile applications, and software (collectively called "Testamy Service Platform" or "Service Platform") is strictly subject to the following terms, conditions, and notices as well as our Privacy and Cookie Policy. Collectively, these documents are the "Terms of Service". 2. These Terms of Service constitute a binding agreement between each Talent, Employer, or other User ("you", "your"), on the one hand, and TESTAMY AI SYSTEMS LTD on the other hand. 3. By accessing the Testamy Service Platform, you represent that you have read and understand these Terms of Service. These Terms of Service are deemed accepted by you each time that you use or access any Testamy Service Platform. If you do not wish to be bound by these Terms of Service, do not access or use the Testamy Service Platform. 4. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity. 5. We may revise these Terms of Service at any time. Updated Terms of Service will be available to you through this URL. It is therefore important that you visit this URL periodically to review the most current Terms of Service as they are binding on you. Continued use of the Service Platform after such modifications constitute acceptance of the updated Terms of Service. 6. By using any Testamy Service Platform, you represent that you are of legal age in your jurisdiction to form a binding contract, but in any event at least thirteen (13) years old. Children under the age of thirteen (13) not permitted to use any of the Testamy Service Platforms. If you are between thirteen (13) and eighteen (18) years old, you must review the Terms of Service with your parent or guardian, have him/her accept it on your behalf, and approve your use of the Services.

Use of Testamy Services

7. We authorize you to access and use the Testamy Service Platforms only if you are a Talent or an Employer. Your license to use the Testamy Service Platforms is automatically revoked if your use of the Platform is for any other purpose. 8. You represent and warrant that you would use the Service Platform solely for purposes consistent with this Terms of Service and all Applicable Laws. We reserve the right to discontinue your account without liability for any reason, including for violation of any part of these Terms of Service.

Setting up your Account

9. To use the Testamy services, you would be required to create your profile by providing certain personal data, including your full name and email address. Ensure that you use an email address that you have access to throughout the subsistence of your account with us. You may not set up an account using a nickname, an assumed name, or someone else's identity. 10. You represent that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. 11. We require you to secure your account by choosing a password. You agree to keep the password safe and not share it with anyone else. If at any time you suspect that someone else might know your password, we require you to change it immediately. You agree to be solely responsible for protecting your account from unauthorized access.

Limitation of Liability

12. The Testamy Service Platforms connects Talents with Employers. However, except to the extent required under Background Check services, we do not vet the accuracy and completeness of the information that Talents or Employers supply to us. We do not take responsibility for any inaccuracy, misrepresentation, or omission in any of the information provided by Employers, Talents or other users. 13. Whilst the Testamy AI system is designed to provide an accurate and reliable assessment of Talent's suitability for specific roles, Talents and Employers acknowledge that the AI system's output is predictive in nature and is therefore not infallible. The AI's outputs are provided "as is" without any guarantee of its accuracy, suitability, or the quality of its decision. 14. We are not liable for any errors, inaccuracies, or decisions resulting from the use of the AI system, including outcomes from resume reviews, tests, and interviews carried out by the AI system. 15. We aim to keep the Testamy Service Platform running smoothly but do not take responsibility for liability arising from internet issues like errors, interruptions, delays, or service downtimes. We reserve the right to withdraw or amend the Testamy Service Platform without notice to you, and we will not be liable if the Service Platform is unavailable at any time or does not function or perform as expected. 16. You agree to indemnify and keep us indemnified against any and all loss, liability, demands, claims, and costs that we may suffer or incur arising out of or in connection with your use of our Service Platform, including any disputes related to AI-generated decisions or recommendations.

Intellectual Property

17. The Testamy Service Platform and all content displayed on the Service Platform are protected by certain rights, including intellectual property rights. These intellectual property rights either belong directly to Testamy or are licensed to Testamy from the respective users. You will not, without express authority, reproduce, copy, modify, adapt, publish, distribute, or in any way commercially exploit any material that is subject to such intellectual property rights. 18. We reserve all Rights in the Testamy trademarks, logos, domain name, and all related brand indicia appearing on our Service Platform. Nothing in these Terms of Service should be construed as granting any license or right to use any such trademarks or domain name.

Terms of Service for Employers

19. The following terms and conditions apply specifically to Employers. They are in addition to the general terms and conditions; however, should there be a conflict between the Terms of Service for Employers and the General Terms and Conditions, the Terms of Service for Employers will prevail. 20. An Employer Account may be created only by a person duly authorized by the Employer to operate and administer the account on behalf of, and as an agent of the Employer ("the Administrator"). 21. Reference to "You" or "Your" under the Terms of Service for Employers is a reference to the Administrator and/or the Employer as the context may reasonably allow. 22. When You access, use, or create an Employer Account on any of our Platforms, you represent and warrant that: a. You are duly authorized by the Administrator for the Employer and have the authority to bind the Employer to these Terms of Service; b. the account belongs to the Employer and that all activities on the account, including any decision to close the account, will be based on the express authorisation of the Employer; c. the account will be used only for the Employer's business purposes and for any personal use. 23. Subject to the payment of appropriate fees, the following services ("the Services") may be available to Employers from the Testamy Service Platforms: a. Lead Generation: Employers may generate leads to talents through the Testamy Service Platforms. Our AI system matches Employers with relevant candidates and sends automated suggestions to Employers. b. Skills to jobs matching: Our AI recruitment technology improves hiring efficiencies and enhances job placement accuracy by assessing Talent's qualifications, skills, and experiences in order to connect talents with relevant job opportunities as posted by Employers. c. Interview scheduling: Employers may schedule interviews with talents through the Testamy Service Platforms. d. Grammar and numeracy test: Our AI system generates adaptive grammar and numeracy questions, analyses responses, and scores talents in real-time. e. Computer competence Test f. Professional test g. Testamy Artificial Intelligent Interviewer: Our cutting-edge AI technology delivers top-notch interviewing sessions, asking interviewees relevant and dynamic role-based questions and assessing talent's responses. h. Testamy candidate analytics (KPI) i. Recommended Top Picks j. Selection k. Background verification l. Negotiations 24. You agree that you may create and use an Employer-Account for the benefit of the Employer and not for personal use.

Job Posts

25. You represent that: a. all job posts created under your account are legitimate and bona fide and that the Employer has a legitimate interest in recruiting for the position listed; b. all posts created by you are for the benefit of the Employer and no other party; c. all information provided in a job post is accurate, truthful, and complete about the jobs they promote; d. your job posts are not deceptive or fraudulent. You agree not to misrepresent any job opportunity or the identity of the Employer. All job opportunities should appropriately describe the nature of the proposed engagement. e. your job posts does not include any discrimination based protected features, including sex, gender, age, religion, ethnicity, nationality, etc., provided that where the law of a country permits preferences for specific class of persons, you may indicate such preferences in line with applicable laws; f. the content of your job posts must not contain any material which is or may reasonably be considered to infringe on anyone's copyright or be illegal in any country in the world. 26. We reserve the right to take down any job listing if we have any reason to believe that the job listing violates any of the representations made under clause 21 of this Agreement. We reserve the right to restrict your access to our services if we have reasons to believe that your use of our services violates these Terms of Service. 27. By uploading job posts on to our Service Platform, you hereby grant us a worldwide, non-exclusive license to publish your job post on the Service platform and other relevant platforms to generate leads for the job post. 28. Your job post will be posted and kept on our Service Platform for a period commensurate with your subscription, and we reserve the right to remove your job post when we believe that the services covered by your subscription has been fully rendered, or when the period covered by the subscription has lapsed. 29. Your job posting must be for one job opportunity. You are not allowed to set up a job posting for multiple roles.

Third-Party Access Control

30. You may invite multiple users from your Employer to be linked to and have access to the Employer Account and may assign varying levels of access and functionality to these users based on your Employer's preferences. 31. You may not resell or transfer access to your account to any other party. 32. Where you enable other account users to have access or be linked to the Employer-Account, you represent to us that you are authorized by the Employer to allow this data and access to be shared. You further agree to indemnify and hold harmless Testamy from any allegations, claims, actions, suits, damages, liabilities, obligations, losses, settlements, judgments, costs, and expenses (including without limitation attorney's fees and costs) that result from granting third-party access to the Employer-Account. 33. You will use and operate an Employer-Account only for the benefit of the Employer, and never for your personal interest.

Employer Limitation of Liability

34. To the extent permissible by applicable law, your sole remedy for any problems, issues, or disputes arising from or in connection with the use of the Service Platform is to stop using our Service Platform. Without prejudice to the foregoing, the maximum aggregate entire liability to you howsoever arising (whether for breach of contract, negligence, etc) is limited to direct losses only and shall in no circumstance exceed the price paid or to be paid by you for the services. Under no circumstances shall Testamy be liable for any consequential, indirect, or special losses howsoever arising, or for any loss of profits, revenue, interest, goodwill, business, and/or savings (whether direct or indirect). 35. You accept responsibility for any loss which you may suffer or incur in respect of the engagement of a Talent and you agree to hold Testamy harmless against any such loss. You agree to use all reasonable endeavors to ascertain that a Talent meets your recruitment needs and will not be detrimental to the interest of the Employer.

Data Protection

36. Employers shall use Talent's information obtained through the Service Platform in accordance with all applicable privacy and data protection laws. You agree that you will not disclose any information from the resume to any third party for any purpose besides recruitment. 37. Employers shall put in place such physical, technical, and administrative measures as are reasonably necessary to protect Talent's Data obtained through the Service Platform. You shall be responsible for any unlawful access and use of Talent's Data.

Terms of Use for Talents

1. You may create and access your Testamy account using a social networking site like LinkedIn, Facebook, Google, etc. When you opt to sign up using a social networking site, you give Testamy permission to access and store information from your social network account. Depending on the privacy settings you have chosen for your social network account, the personal information you share there may also be accessible to us. However, your relationship with the social network account platform is independent, and governed by its terms, and Testamy is not responsible for any privacy issues that arise from the social network's actions or settings. 2. Testamy publishes job listings and other content from Employers and other third parties. You understand that Testamy does not control the creation of this content and agree that Testamy is not responsible for the accuracy or reliability of these job listings. Testamy is not liable for any inaccurate, misleading, or inappropriate content in any job listing published on our platform. 3. When you sign up for our services, we create a profile for you using the information you provide, including information we obtained from resumes you upload on the platform. 4. You agree to use the Testamy Platform responsibly and only for lawful purposes. You agree to refrain from using this platform in any manner that violates any rules, laws, or obligations. Specifically, you will not: a. Create a user account with a name, email address or other information that is not factually and legally correct, or that impersonates someone else. b. Create user accounts for any other person other than yourself; c. Create multiple user accounts for yourself or any other person; d. Provide false information on your experience, skills, or qualifications; e. Pretend to be someone else or lie about your employment history; f. Copy, modify, or make derivative of Testamy's content or other third-party content without permission; g. Introduce harmful and malicious software that is capable of interfering with the Testamy Service Platform or bypassing its security measures; h. Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of the Testamy Service Platform. i. Do anything that would impose an unreasonable or disproportionately large load on the Testamy Service Platform's infrastructure 5. We reserve the right to terminate your subscription and close your account for any reason, including for any violation of the terms in clause 4. 6. You hereby grant to Testamy permission to publish the information in your profile to prospective employers and subscribers.