Terms of Service

1. Introduction

Welcome to Assessely. These Terms of Service (“Terms”) govern your access to and use of the Assessely platform, website, and services (collectively, the “Services”) provided by ASSESSELY LTD (“Assessely”, “we”, “our”, or “us”).

Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case “you” shall refer to such entity.

If you do not agree with these Terms, you must not access or use our Services.

2. Company Information

The Assessely platform and services are operated by ASSESSELY LTD, a company registered in the United Kingdom with company registration number 15771523.

3. Account Registration and Security

3.1 Account Creation

To use certain features of our Services, you must register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update such information as necessary.

3.2 Account Security

You are responsible for safeguarding your account credentials and for any activity that occurs under your account. You agree to notify us immediately of any unauthorised access to or use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

3.3 Age Restrictions

The Services are intended for users who are at least 16 years of age. By using the Services, you confirm that you are at least 16 years old.

4. Services Description

4.1 Platform Overview

Assessely provides an AI-powered assessment and talent management platform that helps businesses make data-driven decisions about talent. The Services include, but are not limited to:

• AI-powered assessment generation and administration
• Reference checking and verification
• Employee surveys (including eNPS)
• Exit interviews
• Candidate portal and management
• Tracking candidate and employee performance
• Generating assessment and survey reports
• Managing assessment and survey data
• Multi-seat team functionality

4.2 AI-Powered Features

Certain features of our platform use artificial intelligence provided by third-party services (including Google AI and Anthropic) to generate assessments, analyse responses, and provide insights. By using these features, you acknowledge that your data (including job descriptions, assessment content, and responses) may be processed by these AI service providers. See our Privacy Policy for more details about how your data is processed.

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

5. Software Assessment Disclaimer

5.1 Third-Party Software and Product References

5.1.1 Trademark Acknowledgment

The assessments available on Assessely may reference third-party software applications, platforms, or products including but not limited to Microsoft® Excel®, Microsoft® Office®, Google Workspace®, Adobe® products, ConnectWise®, and other proprietary software products. All such trademarks, registered trademarks, product names, and company names or logos mentioned herein are the property of their respective owners.

5.1.2 Non-Affiliation Statement

Assessely is not affiliated with, endorsed by, sponsored by, or in any way officially connected with Microsoft Corporation, Google LLC, Adobe Inc., ConnectWise, Inc., or any other software vendor mentioned in our assessments. Our assessments are independently developed to test functional knowledge and skills related to using these software applications in professional environments.

5.2 Assessment Purpose and Limitations

5.2.1 Purpose of Assessments

Our assessments are designed to evaluate a candidate’s proficiency, skills, and knowledge in using various software applications and technologies. These assessments test practical abilities and understanding of functionality rather than certification-level knowledge specific to vendor training programs.

5.2.2 Fair Use

Our assessments are created under fair use principles and focus on testing general knowledge and skills rather than reproducing proprietary content. We make every effort to ensure our content respects the intellectual property rights of third parties.

5.2.3 Disclaimer of Warranties

Assessely makes no warranties or representations about the accuracy or completeness of the content related to third-party software within our assessments. We provide these assessments “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

5.2.4 Updates to Software

Software applications are regularly updated with new features and functionality. While we strive to keep our assessments current, there may be instances where recent software updates are not yet reflected in our assessment content. Users should be aware that assessments may not cover the latest features or versions of referenced software.

5.2.5 Skills vs. Certification

Our assessments are not equivalent to or replacements for official certification programs offered by software vendors. Employers seeking candidates with official certifications should verify these credentials separately from skills assessed on our platform.

5.2.6 Feedback

If you believe any of our assessments inappropriately use proprietary content or trademarks, please contact us at [email protected] with details of your concern.

6. Subscription and Payment Terms

6.1 Subscription Plans

We offer various subscription plans for our Services. The features, limitations, and pricing of each plan are described on our website.

6.2 Payment Processing

Payments are processed through our third-party payment processor, Stripe. By providing payment information, you agree to pay all charges at the prices then in effect for your subscription and authorise us to charge your chosen payment provider. Stripe is PCI-DSS compliant and we do not store your payment card details on our servers.

6.3 Subscription Term and Renewal

Subscriptions are for the period specified during the purchase process. Unless otherwise stated, subscriptions automatically renew for additional periods of the same duration as the initial subscription term, at the then-current non-promotional rate.

6.4 Cancellation Policy

You may cancel your subscription at any time through your account settings or by contacting our customer support. If you cancel, you will continue to have access to the Services until the end of your current billing period, but you will not receive a refund for any fees already paid.

6.5 Price Changes

We reserve the right to adjust pricing for our Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes will take effect following notice to you.

6.6 Cooling-off Period (for EU and UK Consumers)

If you are a consumer in the European Union or United Kingdom, you have the right to cancel your subscription without giving any reason within 14 days from the day of the conclusion of the contract. However, you acknowledge that by accessing our Services immediately after subscribing, you are requesting immediate performance of the contract. Consequently, if the Services have been fully performed during the cooling-off period, you lose your right of withdrawal.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by ASSESSELY LTD, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 Licence to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Services for your internal business purposes.

7.3 Restrictions

You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services
• Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the Services
• Remove any copyright, trademark, or other proprietary notices from the Services
• Use the Services in any manner that could disable, overburden, damage, or impair the Services
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose
• Use the Services in any way that violates any applicable law or regulation

7.4 Your Content

You retain all rights to any content you submit, post, or display on or through the Services (“Your Content”). By submitting, posting, or displaying Your Content, you grant us a worldwide, non-exclusive, royalty-free licence to use, reproduce, adapt, modify, publish, and distribute Your Content for the purpose of providing and improving the Services.

8. User Conduct

8.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates any applicable law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation
• To impersonate or attempt to impersonate Assessely, an Assessely employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services

8.2 Content Standards

You agree that any content you contribute to the Services will comply with the following standards:

• It will not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
• It will not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• It will not infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person
• It will not violate the legal rights of others or contain any material that could give rise to any civil or criminal liability

9. Data Protection and Privacy

9.1 Data Controller

ASSESSELY LTD acts as a data controller with respect to the personal data we collect from you in connection with your use of the Services. We process your personal data in accordance with our Privacy Policy and applicable data protection laws, including the UK GDPR, EU GDPR, and the Australian Privacy Act.

9.2 Data Processing Agreement

If you are a business customer and you provide us with personal data of other individuals (such as your employees or job candidates), you agree that you have obtained all necessary consents and provided appropriate notices to those individuals. Upon request, we will enter into a data processing agreement with you that meets the requirements of applicable data protection laws.

9.3 Data Transfers

We may transfer your personal data to countries outside the UK, EU, or Australia, including to the United States and Singapore where our service providers operate. When we do so, we ensure appropriate safeguards are in place to protect your personal data as required by applicable data protection laws.

9.4 Data Subject Rights

We respect the rights of individuals under applicable data protection laws. For more information about how we process personal data and your rights, please see our Privacy Policy.

10. Third-Party Services and Content

10.1 Third-Party Services

The Services may contain links to third-party websites, services, or content that are not owned or controlled by ASSESSELY LTD. We do not endorse or assume any responsibility for any such third-party sites, services, or content. If you access a third-party website, service, or content from the Services, you do so at your own risk and you agree that we will not have any liability arising from your use of or access to any third-party website, service, or content.

10.2 Integration with Third-Party Services

The Services integrate with various third-party services including:

• Stripe for payment processing
• Resend for email communications
• Google AI and Anthropic for AI-powered features
• MongoDB for data storage
• AWS S3 for file storage

Your use of such third-party services is subject to their respective terms of service and privacy policies.

11. Limitation of Liability

11.1 Disclaimer of Warranties

The Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the servers that make them available are free of viruses or other harmful components.

11.2 Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Assessely Ltd, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

11.3 Consumer Rights

If you are a consumer, the limitations in this section do not affect your statutory rights that cannot be excluded or limited by contract.

11.4 Australian Consumer Law

For Australian users, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law, which cannot be lawfully limited or excluded.

12. Indemnification

You agree to defend, indemnify, and hold harmless ASSESSELY LTD, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services.

13. Term and Termination

13.1 Term

These Terms shall remain in full force and effect while you use the Services.

13.2 Termination by You

You may terminate your account and these Terms at any time by contacting us and requesting termination.

13.3 Termination by Us

We may terminate or suspend your account and these Terms at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

13.4 Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

14.2 Dispute Resolution

Any legal action or proceeding arising out of or relating to these Terms or the Services shall be exclusively brought in the courts of England and Wales, and you consent to the personal jurisdiction and venue of such courts.

14.3 Australian Users

For Australian users, nothing in these Terms limits your rights under the Australian Consumer Law, and our Services come with guarantees that cannot be excluded under the Australian Consumer Law.

14.4 Alternative Dispute Resolution for EU Consumers

If you are a consumer in the European Union, you may also have the right to refer a dispute to the European Commission’s Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Assessely regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.

15.2 Waiver

No failure or delay by Assessely in exercising any right or provision of these Terms shall constitute a waiver of such right or provision.

15.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

15.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Assessely’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Assessely may assign or transfer these Terms, at its sole discretion, without restriction.

15.5 Notices

Any notices or other communications provided by Assessely under these Terms will be given by posting to the Services or by email to the email address you provide to us. Notices given by posting to the Services will be effective upon posting, and notices given by email will be effective when we send the email.

15.6 Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.

16. Contact Information

If you have any questions about these Terms, please contact us at:

• Email: [email protected]
• Telephone number: +44 161 884 0895

By using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.