Candidate Terms of Use

Version v1 – May 2024

Introduction

Welcome to ovii by Boltcode Private Limited. These Candidate 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. Ovii acts as the controller of your personal data as detailed in our Privacy Notice, which outlines our data collection, usage, and storage practices.

The Services

Ovii provides skills-based assessments and tests primarily utilized for hiring and recruitment processes.
The Services encompass all products and services made available to you by Ovii.
The Services are intended for personal, non-commercial use only.
We reserve the right to termninate your access if you violate these terms.
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.
Additionally, we may offer Services through our affiliates, which are also governed by the terms of this agreement.

Communication and Account Management

Communication: As a candidate, you will receive necessary notifications and communications through the Services using the contact details (email or mobile number) you provided to us by the recruiter. Ensure these details are correct to receive timely updates and information regarding your assessment.
Accessing the Assessment: You will access your assessment via a link, which will direct you to the interface with your details pre-populated based on the information provided by the recruiter. You must agree to the Terms of Use and Privacy Policy before proceeding with the assessment. No traditional user account or password setup is required for completing the assessment, but you will be temporarily identified in the system with the provided information for the duration of the assessment session.
Unauthorized Use and Security: Please report immediately to Ovii support if you suspect any misuse or unauthorized use of your assessment link or personal information. While specific account security measures like passwords are not required for accessing assessments, maintaining the confidentiality and integrity of the assessment process is crucial.
Support and Assistance: If you encounter issues with accessing or completing the assessment, or if there are any discrepancies in your pre-populated information, contact Ovii support through the provided channels on our website. We are here to assist you and ensure a smooth assessment process.

Rights and Responsibilities

As a candidate, you must use Ovii’s Services responsibly and ethically. This section outlines the guidelines for acceptable use, prohibited actions, and your responsibilities to ensure a fair and secure assessment process.

Service Use Guidelines:

Compliance with Terms and Laws: Utilize the Services strictly according to these Terms and in accordance with all applicable laws.
Accuracy of Information: Ensure that all personal information provided is complete, truthful, and updated as necessary.
Professional Conduct: Maintain professional conduct at all times and adhere to the expected norms of behavior that promote a respectful and safe environment.

Prohibited Actions:

No Unauthorized Sharing: Do not share, publish, or otherwise disclose any part of the tests, including questions or answers, to others. This also includes not posting such content online or in any public or private forum.
Avoid Illegal Use: The Services must not be used for any unlawful activities, nor should they be used in a manner that could be deemed unauthorized by Ovii or its partners.
Intellectual Property Rights: Do not infringe upon the intellectual property rights of the Services, content, or any related materials. This includes unauthorized use, duplication, or distribution.
No Reverse Engineering: You are prohibited from reverse engineering, decompiling, or disassembling the Services, or attempting to discover any source code or underlying algorithms of the Services unless this is expressly allowed by law.
Restrictions on Transfer and Duplication: The Services may not be duplicated, transferred, sublicensed, or resold without prior written permission from Ovii, except as specifically allowed under these Terms.

Liability for Misuse

You hold full responsibility for any consequences resulting from violations of these Terms. If your actions or negligence lead to damage or legal issues, you may be held liable for resultant damages. This includes securing any accounts or profiles you use to access the Services and ensuring that no unauthorized parties can access or misuse these services.

Responsibility to Report Misuse

If you become aware of any unauthorized use of your profile, the Services, or any other breach of security, you must promptly notify Ovii. Timely communication can help mitigate the damage and facilitate the swift resolution of any issues.

Modifications and Downtime

Service Modifications

Ovii continuously strives to improve the Services and enhance user experience; therefore, we reserve the right to make changes to the features and functionalities periodically. These modifications aim to advance the Services and may include upgrades, bug fixes, and new features or adjustments in response to user feedback, technology trends, and changing compliance environments. While we are committed to improving the Services, these changes will be managed carefully to minimize any potential disruption to users.

Service Availability

Despite our best efforts to ensure reliability, the Services may occasionally become temporarily unavailable due to various factors, including but not limited to, scheduled maintenance, software updates, hardware failures, or unforeseen external threats such as cyber-attacks. We perform regular maintenance to enhance the Services, which might require temporary downtime. We aim to schedule these sessions during off-peak hours and will provide you with advance notice so you can plan accordingly. At times, unexpected issues may cause the Services to be unavailable without prior warning. We understand the inconvenience this may cause and work swiftly to resolve such issues promptly.

Liability and Communication

Ovii is not liable for any losses or damages resulting from the unavailability of the Services, whether it be scheduled or unscheduled downtime. Our team makes every effort to restore functionality quickly and to communicate openly with our users about the status of the Services. For all planned outages, we will communicate the details and duration of downtime in advance through email alerts and service notifications within the platform. In the event of unscheduled downtime, we will provide real-time updates through our website and direct communications as necessary to keep users informed of the status and expected resolution time.

Minimising impact

Our goal is to minimize the impact of downtime on our users. We understand the critical nature of the Services we provide and are dedicated to maintaining their reliability and performance. To this end, we invest in robust infrastructure, perform regular risk assessments, and develop contingency plans to manage different types of service interruptions.

Intellectual Property Rights

As a candidate using Ovii’s assessments, you are granted a limited, personal, non-exclusive license to access and use our Services solely for the purpose of participating in skills assessments and tests that are part of the recruitment process. This license is granted subject to your compliance with these Terms and does not convey any ownership rights in the Services or intellectual property rights therein.

Ownership and Intellectual Property: The intellectual property rights in the Services, including any software, documentation, and other materials used or provided as part of the Services, are and shall remain the exclusive property of Ovii and its licensors. This includes any enhancements, updates, or modifications made to the Services, irrespective of who initiates those changes. The Services are protected by copyright and other intellectual property laws, as well as international treaties.
Usage Restrictions: You are expected to respect the intellectual property rights of Ovii and its licensors, and you are strictly prohibited from modifying the Services without prior written approval from Ovii. This includes altering, adapting, or making derivative works from the Services. You may not reverse engineer, decompile, or disassemble the Services, or attempt to discover any source code or underlying algorithms of the Services, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Extracting or using any parts of the Services’ source code or structure without explicit permission from Ovii is prohibited. You must not remove, obscure, or alter any proprietary rights notices that are placed on or contained within the Services.
Intellectual Property Compliance: Your adherence to these conditions is essential for maintaining the security and integrity of the Services. Unauthorized use of the Services can lead to termination of your license or revoking your access and may subject you to legal penalties. If you believe that your use of the Services requires an exception or if you have questions about your rights under this license, you should contact Ovii directly before proceeding

Personal Data and Privacy

In your interactions with Ovii’s services as a candidate, the personal data and results you provide are fundamental for the evaluation processes and remain under your ownership.

Candidate Data Ownership: All personal data, including assessment results and any other information you provide during the use of our services, belong to you. You have the control over this data as per our terms and the prevailing privacy laws.
License to Use Data: By participating in assessments, you grant Ovii a limited, revocable, non-exclusive right to use, process, and disclose your data as necessary solely for the provision of the Services. This includes the activities related to facilitating and managing your assessments and generating results that are essential for the recruitment process.
Data Sharing: With your explicit consent, which is typically obtained by the recruiter or employer at the time of assessment setup, we may share your results and relevant data with the prospective employer. This sharing is integral to the recruitment process for which you are being evaluated and is conducted under strict data confidentiality and security measures.
Account Closure and Data Retention: Since candidates do not create accounts with passwords but rather access the services through a unique link, the concept of closing an account does not apply in the traditional sense. However, you may request the deletion of your data at any time after completing an assessment. Ovii retains personal data only as long as is necessary to fulfill the purposes outlined in our Privacy Policy, including for the duration of any legal obligations to retain the data (such as regulation compliance, or for audit and compliance purposes). All personal data is securely disposed of following these periods.
Data Collection Methods: We collect data through direct interactions such as when you fill out assessment forms, and automatically through our systems which track how you use our services, including but not limited to your interactions with the website interface during an assessment.
Usage of Data: The collected data is used to administer the assessments, compile results, and, with your consent, share these results with the employing organization. We also analyze the data to enhance our service offerings.
Consent for Sensitive Data: For certain assessments, especially those involving video or audio data, explicit consent is required from you before any data recording is initiated. This consent is typically facilitated by the employer but is also directly confirmed by our platform to ensure transparency.
Privacy Compliance: We adhere strictly to global data protection regulations, including GDPR and CCPA, ensuring that your data is handled securely and your privacy rights are respected. Our compliance includes offering you the rights to access, amend, and request the deletion of your personal data.
Detailed Privacy Policy: For comprehensive details on how we handle, store, and protect your personal data, and how you can exercise your privacy rights, please refer to our full Privacy Policy available on our website. This policy provides detailed information about our data processing activities, your data rights, and our commitments to protecting your privacy.
Consent: By engaging with Ovii’s services and agreeing to these Terms, you consent to the collection, use, and sharing of your personal data as outlined above and as detailed in our Privacy Policy. This consent includes any data processing activities necessary for the provision of services to you and as required by law. If you have any concerns or wish to withdraw consent at any time, please contact our support team to discuss your options.

User Conduct

As a participant using Ovii’s assessment services, your conduct is expected to uphold the highest standards of integrity and honesty.

Assessment Integrity: You are required to independently complete assessments without unauthorized assistance of any kind. The use of unauthorized materials, collaboration with others, or any form of cheating will result in immediate disqualification and potential prohibition from future use of the Services. Ovii takes the integrity of the assessment process very seriously, and any attempt to compromise the assessment’s integrity may also lead to legal action.
Content Accuracy: It is your responsibility to provide accurate, complete, and legally compliant information during the assessment process. This includes, but is not limited to, the personal details submitted, answers provided during assessments, and any other data you generate or provide while using our Services. Misrepresentation of any information not only undermines the validity of the assessment but may also result in account suspension or termination. Furthermore, you are expected to ensure that the data you provide does not violate any laws or regulations, nor infringes upon the rights of others, including privacy, intellectual property, and publication rights.
Legal and Ethical Use: You must use the Services in a manner that follows all applicable laws and ethical guidelines. This includes not engaging in any behavior that could be considered unlawful, manipulative, or exploitative. Ovii reserves the right to report any illegal activities to the appropriate authorities and to cooperate fully with any law enforcement agencies should the need arise.
Prohibition of Misuse of Services: You are prohibited from manipulating the Services’ functionalities in any way that could impair their functionality or the accuracy and fairness of the assessments. This includes, but is not limited to, attempting to hack into the Services, using automated systems (bots) to alter or fabricate results, or creating false accounts to re-take assessments for which you have been previously disqualified or that you have already completed.
Ovii is committed to maintaining a fair and secure environment for all users. By agreeing to these terms, you acknowledge that you understand your responsibilities and the consequences of violating these guidelines. Should you observe or encounter any unethical behavior or security issues within the Services, you are encouraged to report these concerns immediately to Ovii’s support team for investigation and appropriate action.
Adherence to these conduct rules ensures that all candidates are assessed fairly and equitably, and helps maintain the high standards of reliability and validity that Ovii’s services are known for. By participating in this process, you contribute to a trustworthy and effective assessment environment.

No Warranties

Ovii aims to provide reliable and effective assessment services; however, we acknowledge that no system can be entirely without flaws. Users should understand that there are inherent risks associated with using online services, and occasional issues may arise.

Service Provision

Ovii provides its assessment services to you “AS IS” and “AS AVAILABLE.” This means that while we strive for excellence and reliability, we cannot guarantee that our Services will always be uninterrupted, timely, secure, or error-free, nor do we make any warranty as to the results that may be obtained from the use of the Services.

Accuracy

We do not warrant that the information provided through our Services, including but not limited to assessment results and scoring, will always be accurate. We endeavor to provide helpful and accurate information, but this information is provided without warranties of any kind.

Uninterrupted Access

Access to our Services may occasionally be interrupted, delayed, or disrupted for various reasons, including but not limited to environmental factors, technical issues, updates, or maintenance. We are not liable for any interruptions and do not guarantee that the service will be available at all times without disruption.

Disclaimer of Implied Warranties

Ovii expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement regarding the Services provided.

Limitations of Service Use

Technical Issues and Data Integrity: We are not responsible for any errors or interruptions in the use of the Services, nor for any issues resulting from the use of the Services, such as data loss or corruption.
Data Handling: It is advisable that you maintain personal backups of all data you input into the Services. Ovii is not responsible for the loss of any data or for the back-up or recovery of any data.
External Factors: External factors beyond our control, such as internet service provider failures or configuration changes, may disrupt your access to the Services. We are not liable for any such disruptions.

By using our Services, you acknowledge that any reliance on any such material or systems will be at your own risk. Ovii does not warrant the integrity and security of the data being transmitted to or from our Services or stored within them.

Essential Acknowledgment

By agreeing to these Terms and continuing to use the Services, you understand and agree that Ovii will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Ovii has been advised of the possibility of such damages). In summary, while Ovii strives to deliver high-quality and reliable services, candidates should use the Services with the understanding that no technological service can be flawless, and occasional issues are possible. This section of the Terms is meant to ensure there is a mutual understanding of the nature of the services and the risks involved.

Indemnification and Limitations of Liability

As a candidate using Ovii’s services, you agree to indemnify, defend, and hold harmless Ovii, its affiliates, officers, agents, and employees from any claims, damages, liabilities, costs, and fees (including reasonable attorneys’ fees) arising from your use of the Services. This includes but is not limited to your breach of these Terms of Service, any allegation that any materials you submit to us or actions you take infringe the rights of third parties, and any activity related to your account, whether by you or any other person accessing your account with or without your consent unless such activities were caused by the act or default of Ovii.

Limitations of Liability

General Disclaimer: The Services are provided to you on an “as is” and “as available” basis, without warranties of any kind, and Ovii expressly disclaims any and all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will function without interruption or errors in functioning. In particular, the operation of the Services may be interrupted due to maintenance, updates, or system or network failures.
Liability Exclusions: Ovii shall not be liable for any type of direct damages, losses, or expenses arising out of or in any way connected with your use of, or inability to use, the Services, even if Ovii has been advised of the possibility of such damages. In no event will Ovii be liable for any indirect, incidental, punitive, or consequential damages arising out of your use of the Services, any information obtained from the Services, or any breach of these Terms as permitted under applicable law.
Liability Cap: Since no fees are paid by you for the use of the Services, the aggregate liability of Ovii for any claims arising out of your use of the Services, whether in contract, tort, or otherwise, will not exceed €50 (fifty Euros). This cap does not apply to liability that cannot be excluded or limited by law.
Essential Basis of the Bargain: The limitations of liability reflect the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. Ovii’s pricing (or lack thereof) reflects the allocation of risk and limitations of liability specified herein. By using Ovii’s Services, you acknowledge that you understand and agree to these terms, recognizing that the Services are provided without most financial costs to you, and with certain risks that you agree to bear. If you have any questions or concerns about these Terms, please contact us before commencing use of the Services.

Termination and Suspension

Ovii reserves the right to suspend or terminate your access to the Services at any time, without notice, for conduct that violates these Terms and Conditions and/or if you engage in any behavior that we determine, at our sole discretion, to be inappropriate or detrimental to our Services, other users, or any external party. Specific grounds for such suspension or termination include, but are not limited to, violation of the letter or spirit of these Terms, including unauthorized use of the Services, engaging in illegal activities or fraudulent behaviors, including attempting to compromise the security of the information on the Services, and activities that can cause harm to Ovii, our users, or the public as determined by us in our sole discretion.

Procedures Upon Suspension

We will attempt to notify you of the suspension and potential actions you can take to restore access, where applicable. In some cases, we might conduct an investigation into the details of the potential violations. The decision to suspend or terminate the Services may depend on the outcome of this investigation.

Effects of Termination

Upon termination, you will immediately lose all access to the Services. This includes access to your user profile, assessments, and any other content related to the Services. Ovii may delete any of your data held within our systems unless specified otherwise by applicable law. This includes your personal information and any submission data associated with the Services. Ovii will not be liable to you or any third party for termination of your access to the Services or for deleting your data, except as required by law.

Legal Compliance

In the event of any termination, we will comply with any legal obligations, including but not limited to, retaining or providing you with your data as required by law.

Reinstatement

Under certain circumstances, Ovii may consider reinstating your access to the Services. This consideration typically requires an appeal from you, and a subsequent approval from Ovii, which would depend on the specific conditions of the suspension or termination.

By agreeing to these Terms, you acknowledge that Ovii has the right to enforce these rules of conduct, and you accept that you are fully responsible 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.

General Terms

Amendments to Terms

Ovii reserves the right to modify or amend these Terms of Service at any time. Any changes to these Terms will be posted on the Ovii website and, where appropriate, notified to you by email. We encourage you to periodically review the Terms to ensure you are informed of any changes. Your continued use of the Services after such modifications will constitute your acknowledgment of the modified Terms and your agreement to abide and be bound by the updated Terms.

Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This means that if one part of these Terms is not enforceable, it will not affect the enforceability of the rest of the Terms. This clause is in place to ensure that the rest of the Terms remain in effect even if one part is invalidated.

Governing Law

These Terms are governed by the laws of India. Any disputes arising from or relating to the Terms or the Services provided by Ovii shall be subject to the exclusive jurisdiction of the courts located in Bangalore, Karnataka, India. By using our Service, you consent to the jurisdiction of these courts for any actions related to these Terms.

Dispute resolution

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (“Dispute”), the parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other.

If you have any questions, concerns, or claims regarding our Services, please contact us at:
Ovii by Boltcode Private Limited
Customer Service: [email protected]
This contact information should be used for formal communications only and not for service support or inquiries.