Customer terms of use

Version v1 – May 2024

Introduction

Welcome to ovii by Boltcode Private Limited. These Customer Terms of Service (“Terms”) govern your access to and use of our services (“Services”). By registering for an account, accessing, or using our Services, you agree to be bound by these Terms and acknowledge our Privacy Policy. If you disagree with any part of the terms, you must not use our Services. If you are using the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. If the entity you represent has a separate contractual agreement with Ovii, the terms of that agreement will govern your use of the Services. Ovii acts as the controller of your personal data as detailed in our Privacy Notice, which outlines our data collection, usage, and storage practices.

Access and license terms

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for your internal evaluation and hiring purposes. This license is only valid if you’ve paid the applicable fees and you follow the terms of this Agreement. You may not share, resell, or otherwise extend access to our Services beyond what’s outlined in this agreement.

Candidates involved in your evaluations or tests can access the platform as permitted by your subscription plan.

With our written permission, your affiliates may use the Services under your account. You are directly responsible for all affiliate usage and ensuring they comply with these Terms. You’ll be held accountable for any actions taken by your affiliates while using our Services.

Your Account

To use our Services, you must create an account. When doing so, you must choose a subscription plan matching your company size (including affiliates, if applicable). You must be legally authorized to represent your company, accept these Terms on behalf of your company, and provide an email address and create a secure password.

You must provide accurate, complete, and up-to-date information. Providing inaccurate information may result in your account being terminated.

You are solely responsible for safeguarding your password and any activity on your account. Do not share your password with anyone. Immediately notify us if you suspect any unauthorized use of your account. We are not liable for losses due to unauthorized access.

Password

Before accessing certain features of the Service, we may require you to set up a username and password (“Passwords”). You agree to follow all procedures we provide regarding creating and updating your Passwords. You are solely responsible for the security of your Passwords. We reserve the right to cancel or suspend accounts at any time, particularly if there’s account misuse or a violation of these Terms. You agree to do your best to prevent any unauthorized party from accessing your Passwords. Notify us immediately if you suspect any unauthorized access to your Password, the Website, and/or the Service.

User Rights and Responsibilities

You agree to use our Services only in accordance with these Terms and all applicable laws.

Accountability

You are solely responsible for all activity on your account. This includes any Customer Applications (applications, web domains, devices, communication channels) that you or third parties you authorize use to interact with our Services.

Prohibited Actions

You may not duplicate or modify any part of the Services or related documentation (except for your internal use). Reverse engineering, decompiling, or attempting to obtain the source code of our Services is prohibited. You must not violate laws or regulations when using the Services, create competing software or services based on ours, bypass or hack our security measures, remove or alter any identifying or proprietary notices within our Services, distribute unlawful, harmful, or malicious content through our Services, or assist others in violating these terms.

Third-Party Access

You may not lease, sell, license, distribute, or transfer our Services to third parties (except Candidates) without our explicit permission.

Age Restriction

You must be at least 16 years old to use our Services. If local laws require a higher age for lawful use of the Services without parental consent, including the processing of your personal data, you must comply with that higher age limit.

Intervention and Liability

If you, a Candidate, or anyone authorized on your account violates these restrictions, we reserve the right to intervene (including disabling account access) to prevent harm. You will be liable for damages arising from unauthorized or improper use of your account. We may report illegal activities to the appropriate authorities and are not liable for damages resulting from such reports.

Account Suspension and Termination

We reserve the right to suspend or terminate your access to the Service, with or without notice, if you or Candidates use the Services for unlawful, unauthorized, or fraudulent purposes. This includes any activities that materially violate any part of this Agreement. If your use of the Services threatens the security, availability, or integrity of our Services for yourself or other customers, we may also suspend or terminate your access. Additionally, if laws or regulations prohibit us from providing the Services to you, or if your account information is incorrect or incomplete, we have the right to suspend or terminate your access. Failure to meet your payment obligations or any determination that your use violates our intellectual property rights will also be grounds for suspension or termination.

Responsibilities Upon Termination

If you wish to terminate your subscription, you must do so by selecting “Delete account” within the profile section of the Web app. Upon termination, your data will remain available for up to 90 days. We are not obligated to retain copies of any of your data beyond this period.

Consequences of Suspension or Termination

We are not liable for damages arising from account suspension or termination if it is due to your actions or those of Candidates under this Section or Section 8 (Fees and Payment Terms). During suspension or prior to termination, you remain obligated to pay any outstanding Fees. We may report illegal activities to the appropriate authorities and are not liable for damages resulting from such reports.

Notification and Investigation

In cases where suspension or termination is required, we will attempt to notify you of the suspension or termination and provide you with the reasons for such action. In some instances, we may conduct an investigation into the details of the potential violations. The decision to suspend or terminate access to the Services may depend on the outcome of this investigation. For trial accounts, we may terminate access immediately and without notice.

Restoration of Access

Under certain circumstances, we may consider reinstating your access to the Services. This consideration typically requires an appeal from you, providing a detailed explanation and any remedial actions taken. The decision to restore access will depend on the specific conditions of the suspension or termination and our assessment of compliance with these Terms going forward.

Data Handling Post-Termination

Upon termination, any of your data stored within our systems will be handled in accordance with our data retention policies. You may request a copy of your data within the 90-day period after termination. After this period, all data will be securely deleted, and we will no longer be able to retrieve it.

By agreeing to these Terms, you acknowledge that Ovii has the right to enforce these rules of conduct and accept full responsibility for understanding and complying with these Terms. If you feel your suspension or termination was a mistake, you are encouraged to reach out with a detailed explanation, and we will consider your viewpoint carefully.

Account Types and Terms

We provide different account types to suit your needs, including trial and paid accounts. Each account type has specific terms and conditions outlined below.

Trial Accounts

We offer trial accounts to let you explore our app’s features before committing to a subscription. You may request a trial, subject to our approval. You may only have one trial account at a time. Trials typically last for 7 days but may be terminated by us at any time.

Paid Accounts

When your trial ends, you must choose a paid subscription to continue using the app. Paid subscriptions are available on monthly or annual billing cycles and renew automatically. We offer various tiers with different features and pricing (details at pricing). Companies may create multiple paid accounts as needed. If you stop paying for a paid account, your access to the app will be suspended.

Billing and Payment

Paid subscriptions are billed in advance (monthly or annually). Payments are non-refundable. We accept valid credit cards or other payment methods as agreed upon in advance. Overdue accounts may result in service suspension until payment is made. You are responsible for any taxes applicable to your use of the app.

Downgrading Service

If you choose to downgrade your service tier, please be aware that this may result in the loss of certain features and functionalities that are available at higher tiers. Downgrading can affect your overall experience and the capabilities of the Services provided. Ovii is not liable for any losses or inconveniences resulting from a service tier downgrade. We recommend carefully reviewing the features and limitations of each tier before making any changes to your subscription.

Billing Questions or Disputes

If you have any questions or concerns regarding your billing, please contact us directly as soon as possible. Our customer support team is available to assist you with any billing issues, including questions about charges, invoices, payment methods, and account statements. In the event of a billing dispute, please provide us with detailed information about the issue so that we can investigate and resolve it promptly. We are committed to ensuring that all billing matters are handled fairly and transparently.

Intellectual Property and Data Rights

Ownership and Rights

You acknowledge that Ovii and its licensors retain exclusive ownership and all intellectual property rights in the Platform and Services. This includes, but is not limited to, all versions of the software, whether full or components, and any related materials or intellectual properties. Enhancements, updates, or improvements to any of the aforementioned items, based on your feedback or otherwise, also fall under this ownership. Additionally, any operational and performance data generated from your use of the Services, excluding any personally identifiable Customer Data, is owned by Ovii. Subject to applicable laws, any anonymized or aggregated data (“Ovii Data”) derived from such usage is also included in this ownership.

Rights Granted to Customer

This Agreement does not convey any ownership rights to the Customer over the Platform, Services, or any related intellectual property, including algorithms, test content, candidate outputs, or profiling tools. You are granted a limited, non-exclusive, non-transferable license to use the Platform and Services solely for your internal business purposes, in accordance with these Terms.

Restrictions on Use

You may not modify, translate, reverse engineer, disassemble, or otherwise derive the source code of any software or applications provided as part of the Services. You are also prohibited from removing or altering any proprietary notices, trademarks, or logos provided with the Services. Any attempt to access or use the underlying code, algorithms, or any proprietary aspects of the Services without explicit permission from Ovii is strictly prohibited.

Candidate Data

Any data provided directly by a Candidate, including account creation details, test outputs, and interactions with the Services (“Candidate Data”), remains the exclusive property of the Candidate. This includes any personal data submitted through the Platform. You are responsible for ensuring that the Candidate Data is used in compliance with all applicable data protection and privacy laws.

License to Use Ovii Data

Ovii grants you a limited, non-exclusive, non-sublicensable, non-transferable, and non-assignable license to use Ovii Data, which includes results derived from Candidate Data, solely for your personal use of the Services as per the terms of this Agreement. This license is granted under the condition that you use the data in accordance with all applicable laws and these Terms.

Customer Data

All data submitted by you, including personal data of your employees and any tests, assessments, or outputs generated through your use of the Services, remains your property (“Customer Data”), exclusive of any Candidate Data. You retain full ownership of your Customer Data, subject to the terms provided herein and any applicable third-party rights. Ovii will process Customer Data in accordance with the Data Processing Agreement and applicable privacy laws.

Data Processing Rights

You grant Ovii, our affiliates, and any authorized sub-processors the right to collect, use, and process Customer Data solely to the extent necessary for providing the Services and for operational improvements as stipulated in the Terms and the Data Processing Agreement incorporated herein by reference. Consent to these Terms constitutes acceptance of the Data Processing Agreement as well. Ovii is committed to maintaining the confidentiality and security of your data, implementing appropriate technical and organizational measures to protect it against unauthorized access, loss, or destruction.

Protection of Intellectual Property

Ovii takes the protection of its intellectual property very seriously. Any infringement or violation of our intellectual property rights will be pursued to the fullest extent permitted by law. By using the Services, you agree to respect and protect the intellectual property rights of Ovii and its licensors.