These Terms of Service define the terms by which you may use the www.Skillmeter.com website ("Website") and related service (the "Service"), and are an agreement between you and ALGORITHMA SAS (the "Company")(the Company, Website, and Service are collectively referenced as "we" or "us"). By using this Website and Service, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Service. You should not use this Website and/or Service, if you do not agree to these Terms of Service.
This Agreement applies to all visitors, registered users, and subscribers who access our Website or Service.
1. Our Service
Our Service enables recruiters and HR personnel to efficiently measure the skills of their job candidates via custom online testing.
When you subscribe to our Service, you will have the possibility to create your own tests that can be used to measure candidates skills. You have the freedom to create the tests for any domain, according to your needs. Once you add candidates and assign them to a specific test, a PIN code will be automatically generated. The candidates will then be able to take the test by entering a combination of PIN code and a personal information (Email or First Name or Last Name).
Upon the completion of the test, a report with the test result will be email to the recruiter in charge.
You do not have to register in order to visit our Website. In order to access many of the features of our Service, however, you will need to register, create an account, and become a subscriber. When you register, you will be asked to provide the following information: name of business, email address, and credit card information (including a three digit security number). You will also be asked to create a login and a site name.
When you register, you will be required to select a password. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are solely liable for any loss or damage arising from your failure to comply with this Section 2.
All information provided by you in your registration must be truthful and complete. We may suspend or cancel your registration without notice if we have any reason to believe that this is not the case. In addition, we may suspend or cancel your registration with us at any time without prior warning if you fail to comply with these Terms of Service, without limiting any other remedies to which we may be entitled. In addition, if we determine that you have committed fraud or engaged in any other illegal activity, we may report you to the appropriate law enforcement authorities.
You must be 16 years old or older to register and use our Website and Service. In addition, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service. By registering and using our Website and Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and can abide by all of the terms and conditions set forth therein.
3. Subscription terms
4. Operation of Our Website and Service
We use commercially reasonable efforts to maintain our Website and Service and to keep them operating on a 24 hour, 7 day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:
We cannot guarantee that your access to the Website or Service will be uninterrupted, or that the Website and Service will be available at all times. We disclaim any and all liability or responsibility for any delay, interruption, or downtime.
We use commercially reasonable efforts to ensure that our Website and Service are protected from viruses and other destructive software, but we cannot guarantee that either will at all times be free from viruses. We urge you to use reasonable care in downloading information. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website and Service or as a result of downloading from the Website and Service.
5. Acceptable User Policy
Our Website and Service should only be used for lawful purposes. We specifically prohibit any other use of the Website and Service, including but not limited to the following:
We reserve the right (but do not have the obligation) to suspend or cancel the account of any user who does not appropriately use the Website or Service. If you become aware of any inappropriate use, please notify us at our email address at [email protected].
6. Intellectual Property
We or our licensors shall retain all right, title, and interest in the marks, logos, code, databases, content, text, designs, photos, and other materials posted to our Website, made available through our Service, and comprising our software platform, as well as any landing pages, social media pages, or other feeds set up on behalf of our Company or our Website ( collectively "Intellectual Property"). Except as otherwise expressly stated herein, you may only display, view, and listen to the Intellectual Property and you may not reproduce, display, copy, republish, download, upload, post, transmit, publicly perform or display, distribute, create derivative works of, misappropriate, or otherwise use for any purpose any portion of our Website, the Service, the software platform, our landing pages, our social media pages, or our feeds without the express written consent of us or our licensors as appropriate. Using the Intellectual Property on any other Website or Service for any commercial purpose is expressly prohibited.
7. Intellectual Property Infringement Complaints
We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, which is in any way relevant to this Website or Service, then please notify us immediately, providing the following information:
We have implemented commercially reasonable security measures such as encryption to protect your personal and business information; however, we cannot provide any guarantees that unauthorized third parties will never be able to defeat those measures or use your personal or business information for improper purposes. You acknowledge and agree that any personal or business information that you upload to our Service is provided at your own risk.
9. Warranty; Disclaimer
Your use of this Website and Service shall be at your sole risk. You solely assume all risks of deciding to use our Service with a particular candidate or for a particular job position, uploading your Content to our Service, and storing your Content on our host server. You also solely assume all risks with respect to accurately entering your information into a particular proposal and manually entering in contact information regarding a particular candidate or other Content into our system.
We cannot warrant that that your access to the Website or our Service will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, or free of technical problems, or that any functionality on our Website or Service will operate in time for you to meet any deadline. We cannot warrant that any information or Content that you upload to our Service will be completely secure and never accessible by any unintended third party, nor can we warrant that that the Content that you upload to our Service or electronically signed documents will not be lost or deleted due to a hardware or software failure, security issue, or software virus. We will, however, use reasonable care to provide uninterrupted, bug-free, error-free, secure Service, and to back-up all Content.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability; Consequential Damages
You agree that Company, the Website, and our Service will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website or Service, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).
Our liability to you shall in no event exceed the total amount of subscription fees that you paid to us in the year immediately preceding any claim. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
11. Release of Claims
To the maximum extent permitted by applicable law, you hereby release and waive our officers, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to Company, our Website, or our Service.
By using our Website and Service, you agree to indemnify, defend, and hold harmless Company, Website, and Service, as well as our officers, employees, independent contractors, representatives, agents, other users, and visitors against any third party claim arising from or in any way related to your use of this Service, including but not limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorney’s fees.
13. Feedback; Idea Submissions
We are pleased to hear from you and welcome your feedback about the Website and our Services. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our Website and Service at our sole discretion without any obligation to you.
In the event that you submit any ideas to us about the Website or our Service, you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish and to incorporate into our Intellectual Property your idea.
We reserve the right to discontinue this Website and our Services at any time in our sole discretion. You agree that we may assign these Terms of Service without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Service, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Service is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Service, which are to remain in full force and effect. The Terms of Service constitute the entire agreement with you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Service are included for convenience only and shall not limit or otherwise affect these Terms of Service.
15. Contact Us
In the event that you have any questions about these Terms of Service, or that you need further assistance with respect to the access or use of the Website or Services, please notify us at the contact information listed below:
RCS Registration Number: 882 871 775
Address: 2 rue de la Libération, 94130 Nogent sur Marne, France
Email: [email protected]
16. Effective Date
These Terms of Service were last modified on the 7th of January, 2021.