Gappeo Candidate Terms of Service

These Terms of Service (“Terms”) govern your use of our Services and form an integral part of the agreement between you (“you” or “your”) and Gappeo (“Gappeo”, “us”, “we”, or “our”). By accessing or using the Services, you agree to these Terms, our Privacy Notice, and our Cookie Policy (collectively, the “Agreement”). If you do not agree with these Terms, please do not use the Services.

Gappeo serves as the controller for your personal data collected or processed in connection with our Services. When you use our Services, you agree to how we collect, use, share, and store your personal information.

1. The Services

1.1. Overview:

Gappeo provides skills-based assessments and tests used by our customers during their hiring and recruitment processes. The term “Services” encompasses all our products, services, and the Gappeo talent pool.

1.2. Personal Use:

The Services are intended for individual personal use. We reserve the right to terminate your access immediately if you use the Services in violation of these Terms.

1.3. Age Requirement:

You must be at least 16 years old to use our Services. If applicable law requires a higher minimum age for legal processing of your data without parental consent, you must meet that requirement. Failing to do so is a breach of these Terms and may result in termination.

1.4. Affiliate Provision:

You agree that the Services may be provided to you through our affiliates.

2. Contact

2.1. Notifications:

Gappeo may send notices and messages to you through the email address you provided.

2.2. Support:

For any questions or assistance, please contact Gappeo support.

3. Rights and Responsibilities

3.1. User Obligations:

When using the Services, you agree to:

Use the Services only in compliance with these Terms and applicable laws.
Use your real name on your profile.
Interact with the Services in a professional manner.
Provide accurate, complete, and current information.

3.2. Content Restrictions:

You must not record, disclose, publish, or share assessment tests, individual questions, or assignments publicly or with unauthorized individuals.

3.3. Prohibited Conduct:

You must not:

Create a false identity or use someone else’s email id.
Duplicate or distribute any portion of the Services (except for personal internal use).
Modify, translate, decompile, reverse engineer, or extract the source code of our software.
Transfer or re-export the Services in violation of any laws.
Infringe on intellectual property rights or any proprietary rights of others or of Gappeo.
Develop competing software or services derived from our Services.
Bypass or breach any security measures, including through automated means (e.g., scraping).
Remove or alter any identification, copyright notices, trademarks, or logos.
Transmit or provide any unlawful or harmful information, including viruses or other malicious code.
Lease, sell, sublicense, assign, or otherwise make the Services available to third parties.
Assist others in engaging in any of the above activities.

3.3. Enforcement:

If you violate these Terms or threaten to do so, Gappeo may immediately disable your services or restrict access to prevent further violations. You will be liable for any damages arising from such breaches, and Gappeo reserves the right to report criminal offenses to the relevant authorities without incurring any liability for resulting consequences.

4. Modifications, Maintenance, and Downtime

4.1. Service Updates:

We may periodically modify the features or operations of the Services and will make reasonable efforts to notify you.

4.2. Service Interruptions:

The Services may be unavailable due to:

Scheduled or unscheduled maintenance, modifications, or upgrades.
Hardware failures or third-party provider issues.
Mitigating threats or attacks on our systems.
Legal or regulatory requirements.

We will endeavor to notify you of scheduled outages in advance.

4.3. Liability:

Gappeo is not liable for any damages or losses resulting from service unavailability or failure to provide notice.

5. Beta Products

5.1. Evaluation Use:

You may be invited to test new or additional features (“Beta Products”) that are not generally available.

5.2. Limited Evaluation:

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

5.3. Disclaimer:

Beta Products are offered “AS IS” without any warranties, whether express or implied. We expressly disclaim all warranties, including those of merchantability and fitness for a particular purpose.

5.4. No Obligation:

Gappeo is under no obligation to provide Beta Products and may terminate them at any time.

6. Gappeo Intellectual Property

6.1. License Grant:

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable license to access and use the Services solely for your personal use.

6.2. Ownership:

Gappeo and its licensors own all rights to the Services, including any software, materials, or intellectual property. This includes all enhancements, modifications, or improvements, as well as any content you upload or provide during your use of the Services (excluding your personal data).

6.3. No Transfer of Ownership:

6.4. Restrictions:

You must not modify, reverse engineer, or remove any proprietary notices or trademarks from the Services.

7. License and Personal Data

7.1. Ownership of Data:

Any personal information you provide, including test results, scores, video recordings, or pictures (“Candidate Data”), is exclusively yours.

7.2. License to Use Data:

You grant Gappeo and its affiliates a worldwide, transferable, and sublicensable license to use, copy, modify, distribute, and process your Candidate Data without further consent or compensation.

7.3. Data Sharing:

By using our Services, you agree to allow Gappeo to share your Candidate Data (including personal details and contact information) with our customers as part of the Services and include you in the Gappeo talent pool.

7.4. Revoking Consent:

You may end this license by deleting your Candidate Data via email. Note that data already shared with customers may not be removed.

7.5. Content Modifications:

While we may edit your content (e.g., for translation or formatting), we will not alter your test results unless necessary for corrections.

7.6. Privacy Policy Agreement:

Any personal data you provide is subject to our Privacy Policy.

7.7. Data Processing:

You agree that we may access, store, and process your personal data according to these Terms and our Privacy Policy.

7.8. Feedback:

Any suggestions or feedback you provide can be used and shared by Gappeo for any purpose without compensation.

7.9. Accuracy:

You agree to only provide lawful, accurate, and complete information.

8. Customer Content

8.1. Customer-Provided Content:

Our customers use the Services as a hiring tool and may upload their own content for assessments. Your use of such customer content is at your own risk.

8.2. Disclaimer:

Gappeo does not routinely review customer content and is not responsible for its accuracy or misuse.

9. No Warranties

9.1. Service Disclaimer:

Gappeo and its affiliates provide the Services “AS IS” and “AS AVAILABLE” without any warranties regarding uninterrupted or error-free operation. We disclaim all warranties, whether express or implied, including those of title, accuracy, non-infringement, and fitness for a particular purpose.

10. Indemnification and Limitation of Liability

10.1. Indemnification:

You agree to indemnify and hold harmless Gappeo and its employees, representatives, advisors, and agents from any claims, suits, or proceedings arising from:

Rejection of your job application (regardless of the reason).
Any violation of these Terms by you.
Infringement of third-party intellectual property rights.
Unauthorized use of the Services.
Any misrepresentation or breach of warranty on your part.

10.2. Limitation of Liability:

To the maximum extent permitted by law, Gappeo and its affiliates will not be liable for:

Lost profits or business opportunities.
Loss of data or changes to your information.
Indirect, incidental, consequential, or punitive damages.

10.3. Liability Cap:

Our total liability under these Terms is limited to EUR 50.00 (fifty euro).

10.4. Scope:

These limitations apply to all claims, including those based on warranty, tort, negligence, or contract, even if we have been advised of potential damages.

10.5. Exceptions:

These limitations do not apply to liability for death or personal injury, gross negligence, or intentional misconduct.

11. General Provisions

11.1. Transfer and Subcontracting:

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. However, Gappeo may assign these Terms to its affiliates or subcontractors.

11.2. Changes to the Terms:

Gappeo may amend these Terms from time to time by posting the updated version on our Website. Continued use of the Services after notice constitutes acceptance of the updated Terms.

11.3. Entire Agreement:

This Agreement constitutes the entire understanding between you and Gappeo regarding the subject matter and supersedes all prior agreements or communications.

11.4. Severability:

If any provision is found to be unenforceable, both parties agree to modify it as necessary to comply with applicable law, while the remainder of the Agreement stays in effect.

12. Governing Law and Jurisdiction

12.1. Governing Law:

This Agreement is governed exclusively by the laws of India, excluding its conflict of laws provisions.

12.2. Jurisdiction:

Any disputes arising from or relating to these Terms or the Services will be resolved in the courts of India.