Terms of Service

 

Last updated on: May 9th 2022

 

CONVINT.AI (“Convint.ai” “we” or “us” or “our”) and our website www.convint.ai along with our related websites, applications, we provide Conversational Intelligence based Assessment Services through an AI based cloud native platform to businesses and jobseekers and other services provided by us (collectively, the “Service” or “Services" or “Platform). All visitors, individuals, or Candidates to the Platform or Services that are owned, operated, licensed, and controlled by Convint.ai shall adhere to the following Terms of use. These Terms of use are a legally binding contract between you or the entity that you represent (hereinafter “you” or “your” or “Candidates”) and Convint.ai regarding your use of the Service 

 

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY USING OUR PLATFORM OR WEB SITE OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CONVINT.AI PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND OUR PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY CONVINT.AI AND BY YOU TO BE BOUND BY THESE TERMS

 

1. Services

Any individual who takes assessments on our Platform or visit to the website and other social presence sites, job seekers, employees of companies on whose behalf assessments are carried out or use the Platform for internal assessments of their employee will be hereinafter referred to as “Candidates”. You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any messaging platform / Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.

2.  Acceptance of our terms

By accepting these terms through your use of any of the Services, you also certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Convint.ai does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use the Site and Services, and parents or legal guardians may not agree to these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services, including the legal liability that he or she may incur.

If you do not want to be bound by our Terms, your only option is not to visit, view or otherwise use the Services. You understand, agree, and acknowledge that these Terms constitute a legally binding agreement and that your use of any of the Services indicates your conclusive acceptance of this legally binding agreement.

3. Provision of services; restrictions

You agree that Convint.ai is entitled to modify, improve or discontinue any portion of the Services at its sole discretion and without notice to you, even if any modification, improvement or discontinuance prevents you from being able to access the Services or related information. You also agree that Convint.ai is entitled to: (i) provide the Services to you through subsidiaries or affiliated entities; and (ii) make the Services accessible to you as a service provider for an organization with whom you wish to engage for recruitment purposes (“Our Client”).

By using the Services, you agree to not use the Services for any unlawful purpose, or purpose prohibited by these Terms. You may not use the Services in a way that could impair, damage, overburden, or disable our network. Probing, scanning, or testing the vulnerability of any part of the Services is not allowed. You may not use hacking, password mining, or other methods to gain access to the Services. Attempting to obtain information that is not intentionally made available to you on or via the Services is prohibited. 

To use the Service, you agree not to:

  • use the Service for any illegal purpose or in violation of any local, state, national, international law, or these Terms;

  • harass, threaten, demean, embarrass, bully, defraud, or otherwise harm any other user of the Service;

  • violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

  • interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

  • sell or otherwise transfer your rights under these Terms; or 

  • attempt to do any of the acts described in this clause  or assist or permit any person in engaging in any of the acts described in this clause.

 

Convint.ai has the right to investigate suspicious activity or occurrences and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such activity or occurrences. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the platform or Services or any activity being conducted on the Services.

4. Proprietary Rights

You agree that the Services may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Such content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved to us.  Except for the limited permission herein, Convint.ai does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from the platform on another web site or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the Terms will result in automatic termination of any rights granted to you herein, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.

5. Rights and responsibilities of Individuals and Corporations

  1. You may choose to use the Services to interact with Convint’s Conversational Intelligence based assessment platform, which enables you to communicate with us or our Client, as applicable, via messaging platforms, as a Candidate with the understanding of the following rights and responsibilities. 

  2. Prior to interacting with Convint.ai, you, as a Candidate , will be asked to provide your contact information including but not limited to, mobile phone number, email address, photographic image; demographic information including but not limited to zip code, country, years of experience, skills, industry, certifications, degrees; preference information including but not limiting to time zone, travel, working hours and any other pertinent information. By providing above mentioned information, you are accepting to opt-in to or interacting with us or  our Client (as applicable), you represent that you are the owner or authorized user of the device you use to receive messages, that the mobile phone number you have provided is assigned to you, and that you are authorized to approve any applicable charges. 

  3. We collect data for many purposes including but not limited to; finding employment opportunities for you as job applicants; to send administrative or account related information to you, for example, information about the Platform or Services, and changes to our terms, conditions, and policies; and that analysis can help us improve the Platform; to conduct analytics to inform our assessment strategy and enable us to enhance and personalize the experience we offer to our candidates; to assess marketing relating strategy,  to prevent fraud, criminal activity, or misuses of our site and to ensure the security of our IT systems, architecture and networks; to comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, customers, or other third parties; and If you ask us to delete your data and we are required to fulfill your request, we will keep basic data to maintain a record of your request, our response to it and use that data to prevent further unwanted processing. Convint.ai shall own the aggregated and statistical data derived from the operation of the service, including, without limitation, the number of records in the service, the number and types of transactions, assessments, and reports processed in the service and the performance results for the service.

  4. Convint.ai will make the best efforts to ensure that it will protect all information collected, using the same framework, Convint.ai protects its own data and infrastructure. Despite using all standard safety procedures and precautions, cyber security intrusions do occur. By using our platform you understand the risks associated with such breaches and you legally absolve Convint.ai of any such breaches.

  5. You authorize us to assess your skills on a selection of topics/skills/job related information through an assessment session using its conversational intelligence Platform. The assessments are made through an algorithm developed by us. By using our platform, you absolve us for any assessments related interpretations, including but not limited to, the assessment outcome, the algorithms, assessment procedures etc.

  6. Convint.ai’s conversational intelligence platform is based on using collective assessments of all Candidates on selected topics. By using our platform, you automatically authorize the use of your session data as input to Convint.ai’s conversational intelligence algorithms. You agree that you have no right to limit the use of the collected data in any way for use in Convint.ai’s algorithms. By using our platform, you agree that your assessment can be used in the future activities, including but not limited to updating the algorithms, candidates scoring or otherwise as required. However, we will not share your personal information for a job opening or any other purpose without your explicit approval or you having opted-in for this facility. 

  7. You agree that any data input by you during the assessment session and otherwise, will be considered the sole property of Convint.ai. You understand and authorize us to use the information to solicit potential prospective recruiters for open positions. You authorize us to expose your assessment to prospective recruiters for the sole purpose of soliciting a match for open positions. You understand that accepting or rejecting your assessment is solely the responsibility of the recruiter. You hereby legally absolve us and its recruiting partners from decisions made by the recruiters. You also understand that Convint.ai or the recruiters do not have any obligation to offer any reason for their decisions. You hereby authorize Convint.ai or any of the recruiters to contact you, through the information provided by you, to solicit further information. 

  8. You authorize Convint.ai to periodically reach you unsolicitedly, for items including but not limited to, additional assessment, feedback, open positions, new skills updates, and updates from recruiters, upcoming events, hiring process updates etc. By you choosing to appear for any assessment or initiate any conversation or avail of any Service, would be considered as an opt-in for this functionality. However, you may also choose to mute such communication for a period or opt-out completely post the opt-in.

  9. You have the right to unsubscribe from our Platform and we will no longer make use of your personal information or share the same with anyone except for analysis of the assessment data for trend, insights and improving the platform for its users. We understands that beyond un-subscription date, it will not solicit open positions on your behalf. In order to protect your Personal Information from unauthorized access or deletion, we may require you to verify your credentials before you can submit a request to know or delete Personal Information. If you do not have an account with us, or if we suspects fraudulent or malicious activity, we may ask you to provide additional Personal Information for verification. If we cannot verify your identity, we will retain your Personal Information as required by law.

 

6. Data Retention

 

We keeps all data collected from the users or for as long as reasonably necessary for the purposes described in this document, while we have a legitimate business need to do so, or as required by law (e.g. for tax, legal, accounting or other purposes), whichever is the longer. To determine the appropriate retention period for your personal information, we will consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances, we may anonymize your personal information so that it can no longer be associated with you, in which case it is no longer personal information. Any personal information we process on behalf of our customers is retained in accordance with the timeframes set out in the relevant customer agreements.

7. Term and Termination 

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described below. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, we may terminate these Terms, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently. We will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

8. Disclaimer of Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Indemnity 

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Convint.ai , its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Convint.ai”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of these Terms or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

10. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT CONVINT.AI AND ITS SUBSIDIARIES OR AFFILIATES SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, BUSINESS REPUTATION OR GOODWILL, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSSES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICES, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF ANY PORTION OF THE SITE AND SERVICES OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION. THE ABOVE LIMITATION SHALL APPLY WHETHER OR NOT CONVINT.AI HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF CONVINT.AI TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO US$100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION  WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. External Content

The Services may include hyperlinks to third-party content, advertising or websites. You agree that Convint.ai is not responsible for and does not endorse any advertising, products or resource available from such resources or websites. We may provide tools through the Service that enable you to export information to third-party services. By using such third party tools or content, you agree that we may transfer that information to the applicable third-party service. Third-party services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third-party service’s use of your exported information.

12. Changes to the Terms

Convint.ai reserves the right to modify these Terms from time to time at our sole discretion and without notice. Changes to our Terms become effective on the date they are posted, and your continued use of the any portion of the Services after any changes to the Terms will, on its own, signify your agreement to be bound by them.

13. Jurisdiction

Except where otherwise required by law, any legal matter arising from these Terms shall be governed by the laws of Singapore. You acknowledge that Convint.ai may apply for injunctive remedies in any jurisdiction. 

14. Disputes and choice of Law and Location for resolving disputes

If you believe that we have not adhered to the terms or the privacy policy, please contact us by e-mail at legal@convint.ai. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. The laws of Singapore governs this contract and any claim or dispute that you may have against us, without regard to Singapore’s conflict of laws rules. Any disputes or claims that you may have with or against us will be resolved exclusively by a court located in Singapore, and you agree and submit to the exercise of personal and subject matter jurisdiction of Singapore for the purpose of litigating any such claim or action 

15. Miscellaneous.

 

These Terms of Service, together with any additional Terms, our Privacy Policy, and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Convint.ai regarding your use of the Service.  You may be subject to additional terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material. There are no third-party beneficiary rights under these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers and curtesy summaries in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

If you have any questions about these Terms, please contact us at legal@convint.ai