Terms on use

Last Updated:  September 17, 2018

 

1. INTRODUCTION

Each time you access or use Profile.Center, online and/or mobile services and websites (collectively, the “Site”), including, without limitation, www.profile.center, and any software provided by Profile.Center in connection with such services or websites, you:  (a) represent that you have read, understood, and agree to the Profile.Center Privacy Policy; and (b) agree to the terms and conditions of this End User Agreement (“Agreement”) with Profile.Center. 

For purposes of this Agreement, Any references to “we,” “our,” or “us” shall mean Profile.Center.

We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site.  Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.  Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes.  We may, at any time and without liability, modify or discontinue all or part of the Site.

2. THE PROFILE.CENTER SERVICES

2.1     Account Registration

In order to access or use certain services and features of the Site, you may be required to create and register a user account (“Account”) on the Site.  When creating and registering your Account, you may be asked to enter or confirm certain personal and professional information, including, but not limited to, your name, email address, level of education, degree type, school, graduation year, employment history, and demographic information (individually, “Profile Fields,” and collectively, “Profile Information”).  Some Profile Fields will be mandatory and some voluntary.  You will also be required to provide a password for your Account.

When creating and registering an Account, you agree to:

(a)             Provide true, accurate, current, and complete Profile Information about yourself as prompted by the Site’s registration form;

(b)             Use your real name and email address when entering your Profile Information;

(c)              Choose a strong and secure password;

(d)             Be responsible for the confidentiality and use of your password;

(e)             Not transfer or resell your use of or access to the Site to any third party; and

(f)              Not create more than one Account.

Please note that any third party with whom you have shared your email and password may receive access to information regarding your Account.  Profile.Center is not responsible and disclaims any liability if your email is used improperly or falsely by a third party.  If you attempt to enter Profile Information (including an email address) that is not true, accurate, current, or complete, we reserve the right to cancel your registration and terminate your Account, which may affect your eligibility to be assessed by Profile.Center for up to 12 months.

If you allow a third party app or site such as Facebook or LinkedIn to authenticate you or pre-populate your Profile Information during the Account registration process, then such third party app or site has its own legal terms and privacy policy, and you may be granting others permission to use your Profile Information in ways we would not.  Profile.Center is not responsible for these other apps and sites.

2.2     Profile.Center Assessments

After creating and registering your Account, you will be able to carry out a set of online neuroscience-based Assessments (the “Assessments”) on the Site.  You agree that Profile.Center has the right to collect and retain your Data when you carry out each of the Assessments.  “Data” refers to information and data collected from your behavior and actions in the course of carrying out the Assessments, including, without limitation, metadata about your real-time user interaction with the Assessments.

You acknowledge and understand that:

(a)             You are only allowed to carry out each of the Assessments once in any 12-month period; 

(b)             Once you start or complete the Assessments, your Data and Trait Profile (defined below) cannot be reset, deleted, or overridden for a period of 12 months;

(c)              Our Site will prevent you from accessing or carrying out the Assessments again if you attempt to carry out the Assessments more than once in a 12-month period; and

(d)             Once the 12-month period is over, you will have the option to either replay the Assessments or continue using your previous Data and Trait Profile.

Accordingly, you agree that you will:

(a)             Take the Assessments seriously and carry out the Assessments attentively; 

(b)             Carefully read the instructions before commencing each of the Assessments;

(d)             NOT attempt to run any Assessment more than once in a 12-month period, either through your original Account or through the creation of an additional Account; and

(e)             NOT attempt to delete your Data or Trait Profile for a period of 12 months after completing the Assessments.

Prior to starting the Assessments, you may be asked to provide or confirm your native language and whether you wish to play a version of our Assessments modified for color blindness, Attention Deficit Hyperactivity Disorder (“ADHD”), or dyslexia.  Your answers to such questions will be part of your “Private Information” and will not be shared with any recruiters, employers, or other third parties.

When prompted to provide Private Information, you agree that the responses you provide will be true and accurate.

2.3     Profile.Center Trait Profile

After your completion of all the set of Assessments, the Site will review your Data and generate your specific “Trait Profile,” which contains the Site’s assessment and description of your cognitive, social, and personality traits. 

You understand and acknowledge that all or parts of your Profile Information and Trait Profile may be visible to third party recruiters or employers if you select Public in the Privacy Settings tab on your Account profile, and that such third party recruiters or employers may subsequently send messages, including job solicitations, to you through the Site or through the email address in your Profile Information.  

Notwithstanding the foregoing:

(a)             If you were requested to visit the Site, create an Account (or to sign into your existing Account), or carry out the Assessments (or to use your prior Data) by your current employer, then all or parts of your Profile Information and Trait Profile may be visible to your current employer, regardless of the Privacy Settings you select; and 

(b)             If you were requested to visit the Site, create an Account (or to sign into your existing Account), and carry out the Assessments (or to use your prior Data) as part of the job application process for a specific employer, then all or parts of your Profile Information and Trait Profile may be visible to that specific employer, regardless of the Privacy Settings you select.

2.4     Job Listings

Under the Jobs section of the Site, Profile.Center may make available or suggest certain job listings (“Job Listings”) from third party employers (“Prospective Employers”).  You acknowledge and understand that:

(a)             Job Listings are created and provided by Prospective Employers over whom Profile.Center exercises no control;

(b)             Profile.Center does not have any obligation to screen any Job Listing, or to include any Job Listing in its results or other listings, and may exclude or remove any Job Listing from the Site for any or no reason;

(c)              Profile.Center cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any Prospective Employer, including the identity of such employer;  and

(d)             Profile.Center assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. 

In addition, when you indicate your interest in a specific Job Listing by clicking on the corresponding “Apply” button, you will leave Profile.Center’ Site and be redirected to another website on the Internet which is owned and/or operated by third parties (“External Site”).  Profile.Center makes no representations nor has any supervision or control over the quality, content, reliability, or security of such External Sites.  You acknowledge that Profile.Center is not liable or responsible for any information or data that you provide to these External Sites, and disclaim all liability from anything that may occur when you access and use such External Sites.

2.5     Storage of Information

Profile.Center has no obligation to store, maintain, or provide you with a copy of any information or data that you previously provided on the Site, except to the extent required by applicable law and as noted in our Privacy Policy.

2.6     Use of Site by Minors

The Site is not intended for use by anyone under the age of 12 years old (“Minimum Age”), personally.  However, if applicable law requires that you must be older in order for Profile.Center to lawfully provide the features or services of the Site to you without parental consent, then the Minimum Age is such older age.

The usage of the site for minor users (under the age of 12 years old) is possible with parental consent.

2.7     Site Restrictions

Profile.Center reserves the right to limit your access and use of the Site at our discretion.  Profile.Center reserves the right to restrict, suspend, or terminate your Account if we believe that you may be in breach of this Agreement or law or are otherwise misusing the Site (e.g. violating any the Site Rules).

2.8     Suspected Fraud or Anomalous Activity

Profile.Center reserves the right to use a variety of methods to detect and block any fraudulent or anomalous activity and to screen Accounts to prevent abuses such as fraud.  However, such detection methods are not perfect and false positives may occur.  If you use the Site, you consent to Profile.Center enforcing these rules or attempting to prevent fraudulent or anomalous activity, which may result in a temporary or permanent suspension or termination of your Account or use of certain functions of the Site.  Profile.Center shall not be responsible or liable for any such suspension or termination, including any consequences thereof.

3. SITE RULES

When accessing and using the Site, you agree that you shall NOT:

(a)             Act in an unlawful or unprofessional manner;

(b)             Create an Account using a false identity or the identity of another individual;

(c)              Misrepresent any personal, education, or professional information when entering your Profile Information;

(d)             Provide any false or inaccurate response if responding to a question regarding Private Information;

(e)             Create multiple Accounts;

(f)              Use or attempt to use another individual’s Account;

(g)             Attempt to play the Assessments more than once in a period of 12 months;

(h)             Attempt to delete or reset your Data or Trait Profile for a period of 12 months after playing the Assessments;

(i)               Use, disclose, or distribute any data obtained in violation of this Agreement;

(j)               Violate the intellectual property or other rights of Profile.Center, including, without limitation:  (i) copying or distributing the software or technology related to our Site; and (ii) using the word “Profile.Center” or our logos in any business name, email, or URL;

(k)             Modify, adapt, translate, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site or any related technology and software;

(l)               Sell, sponsor, or otherwise monetize access to the Site or its services;

(m)           Sell, trade, resell, transfer, or otherwise exploit for any unauthorized commercial purpose any Account;

(n)             Use bots or other automated methods to access the Site;

(o)             Monitor the Site’s availability, performance, or functionality for any competitive purpose;

(p)             Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site;

(q)             Overlay or otherwise modify the Site or its appearance;

(r)              Remove any copyright, trademark, or other proprietary rights notices contained in or on the Site;

(s)              Use features or services of the Site for any purpose other than the original intended purpose;

(t)              Override or attempt to override any security feature of the Site;

(u)             Engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site);

(v)             Distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other harmful code or items of a destructive or deceptive nature to the Site;

(w)            Use any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling);

(x)             Interfere with the operation of, or place an unreasonable load on, the Site; and

(y)             Bypass any limitations of the Site or suspensions of functionality.

4. LICENSE TO CANDIDATE DATA AND USER FEEDBACK

4.1     License to Candidate Data

You are the sole owner of all information and data that you enter, submit, input, and/or provide in the course of accessing and using the Site (“Candidate Data”), including, without limitation, your Profile Information, Private Information, and Assessment Data. 

You hereby grant Profile.Center and our affiliates the following non-exclusive license:  A worldwide, transferable, perpetual, royalty-free, and sub-licensable right to make, use, copy, reproduce, modify, distribute, publish, display, process, prepare derivative works from, and otherwise use your Candidate Data for any purpose whatsoever, without any further consent, notice, and/or compensation to you or others, subject to applicable law and our Privacy Policy.

4.2     License to User Feedback 

At your discretion, you may provide feedback, suggestions, and related materials to Profile.Center concerning the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“User Feedback”). 

If you provide any User Feedback to Profile.Center, you hereby grant Profile.Center and our affiliates the following non-exclusive license:  A worldwide, transferable, perpetual, royalty-free, and sub-licensable right to make, use, copy, reproduce, modify, distribute, publish, display, process, prepare derivative works from, and otherwise use your User Feedback for any purpose whatsoever, without any further consent, notice, and/or compensation to you or others.

By providing any User Feedback, you agree that your provision of such User Feedback is gratuitous, unsolicited, and without restriction, and will not place Profile.Center under any fiduciary, confidentiality, or other obligation, and that we are free to disclose such Feedback on a non-confidential basis or otherwise to anyone.  You further acknowledge that, by accepting any User Feedback, Profile.Center does not waive any rights to use similar or related ideas previously known to Profile.Center, or developed by our employees, or obtained from sources other than you.

5. INTELLECTUAL PROPERTY RIGHTS

You understand and acknowledge that Profile.Center owns all right, title, and interest to the Site and all proprietary rights associated therewith.  Profile.Center reserves all rights not specifically granted herein.  You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site.  Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited.  In no event may you frame any portion of the Site or any materials contained therein.

6. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

6.1     Disclaimer of Warranty

THE SITE (AND ANY SERVICES, CONTENT, MATERIALS, AND INFORMATION AVAILABLE ON OR THROUGH THE SITE) ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED.  PROFILE.CENTER AND OUR AFFILIATES EXPRESSLY DISCLAIM, TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  PROFILE.CENTER AND OUR AFFILIATES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE.

Some laws do not allow certain disclaimers, so some or all of these disclaimers above may not apply to you.

6.2     Limitation of Liability

TO THE EXTENT PERMITTED UNDER LAW, PROFILE.CENTER AND OUR AFFILIATES (AND THOSE THAT PROFILE.CENTER WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF PROFILE.CENTER OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.  SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE.  UNDER NO CIRCUMSTANCES SHALL PROFILE.CENTER OR OUR AFFILIATES BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE.

IN NO EVENT SHALL THE LIABILITY OF PROFILE.CENTER AND ITS AFFILIATES (AND THOSE THAT PROFILE.CENTER WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS EURO €100.

Without limiting the foregoing and to the extent allowed by applicable law, under no circumstances shall Profile.Center or our affiliates be liable for:

(a)             The accuracy, content, completeness, legality, reliability, operability, or availability of information or material displayed in, or linked from, the Site (including Jobs Listings) or otherwise made available on the Site by Profile.Center;

(b)             The deletion, failure to store, misdelivery, or untimely delivery of any information, including your Profile Information, Private Information, Assessment Data, and Trait Profile;

(c)              Any harm resulting from downloading or accessing any information or material on the Site, or on other online sites or services accessed through the Site;

(d)             Any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery, account login, or any other services provided by the Site as a result of technical problems or traffic congestion on the Internet or any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any content in connection with the Site;

(e)             Any delay or failure in performance of the Site resulting directly or indirectly from acts of nature, forces, or causes beyond Profile.Center’ reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, strikes, labor disputes, riots, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties; and

(f)              Your use or misuse of or reliance on the Site and on any third party site you access from the Site;

Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.

7. GOVERNING LAW AND DISPUTE RESOLUTION

You agree that the laws of Republic of Estonia and any court proceedings are subject to Harju County Court, shall exclusively govern any dispute relating to this Agreement and/or the Site.

8. GENERAL TERMS

This Agreement, together with any amendments and any additional agreements you may enter into with Profile.Center in connection with the Site, shall constitute the entire agreement between you and Profile.Center concerning the Site.  This Agreement shall supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.  You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of Profile.Center. For the avoidance of doubt, email or phone communication between you and a Profile.Center representative shall not constitute an amendment or alteration of this Agreement.

If Profile.Center doesn’t act to enforce a breach of this Agreement, that does not mean that Profile.Center has waived its right to enforce this Agreement.  You agree that Profile.Center may assign this Agreement to our affiliates or a party that buys it without your consent.

To the extent allowed by law, the English language version of this Agreement is binding and other translations are for convenience only.

9. HOW TO CONTACT US

The full name of our company is Innovxtreme OÜ.

We are registered in Estonia under Companies House registration code 14556238.

Our registered address is Harju maakond, Kuusalu vald, Pudisoo küla, Männimäe, 74626, Estonia.

If you have any concerns or complaints you can contact us by email at info@Profile.Center.