Terms and Conditions
1. INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions for the use of the INSYMBO (hereinafter “Terms and Conditions”) regulate mutual rights, obligations, and principles of the contractual relationship between INSYMBO Labs s.r.o., with its registered office at Hlavní třída 904/8, 787 01 Šumperk, Czech Republic, ID No. 08362220, entered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 79300 (hereinafter “Provider”), and the candidate or employee who has successfully registered on the insymbo.com portal (hereinafter “User”) (hereinafter “Portal”).
1.2 Candidate means a person who has been invited by a company to perform Games, as described in the Art. 2 of these Terms and Conditions, for hiring purposes and who is not in an employment relationship with a company. Employee means a person who is in an employment relationship with a company that has invited him/her to perform Games, as described in the Art. 2 of these Terms and Conditions, in order to create the company's profile for future employee selection purposes.
1.3 These Terms and Conditions form an integral part of the contractual relationship between the Provider and the User, in accordance with Section 1751(1) of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter “Civil Code”).
2. DESCRIPTION OF SERVICES PROVIDED
2.1 INSYMBO is a recruitment tool that helps companies identify suitable candidates for employee positions based on their cognitive and socio-emotional characteristics. For this purpose, INSYMBO uses neuroscience games based on long-term research (hereinafter “Service”).
2.2 To enable the use of the Service, the User is obliged to register on the Portal. After successful completion of the registration, the User's personal account (hereinafter “Account”) is created.
2.3 A set of ten games (hereinafter “Game” or “Games”) is made available to the User on the Account.
2.4 After successful completion of the Games, the User will receive a personal report (hereinafter “Report”). The Report is based on data that had been collected while playing the Games and represents the User’s behavior and interaction with the Games. The Report is accessible to the User on the account.
2.5 The User's contact data and the Report will be made available to a company only with the User's consent. The User agrees to the disclosure of contact details and the Report upon receiving the invitation from a Company by clicking on the „Accept invitation“ button. The User has the opportunity to express his/her refusal to disclose contact information and the Report by clicking on the “reject invitation” button in the invitation from a company.
2.6 By making the contact information and the Report available, the User gives a company permission to use the contact data and the Report to create the company profile for future selection of employees or for the company's selection purposes.
3. PROVIDER’S RIGHTS AND OBLIGATIONS
3.1 The Provider, hereby, undertakes to provide the User with the Service under the conditions stipulated herein.
3.2 The Provider undertakes to ensure the operation of the Service, including all necessary hardware and software of the Provider so that it can be used by the User.
3.3 The Provider shall keep its equipment in such a technical and operating condition to ensure that the User can use the Service in the usual quality.
3.4 The Provider is entitled to extend and improve the Service, implement new features of the Service, and develop the technology used.
3.5 The Provider is entitled to enter the User into its electronic database of Users of the Service, monitor, and archive operations performed by the User when using the Service in order to evaluate and improve the quality of the provided Service.
- 3.6 The Provider shall not be liable for:
- 3.6.1 data entered by the User into the Portal,
- 3.6.2 User's behavior and interaction when playing the Games,
- 3.6.3 the resulting User Report,
- 3.6.4 the completeness, correctness, and availability of contact information and the Report for the entire period of use of the Service,
- 3.6.5 the company's use of the User Report,
- 3.6.6 compatibility of the Portal with all or some hardware and software used by the User,
- 3.6.7 the availability and functionality of the Portal at all times or at certain times. In such case, however, the Provider undertakes to take all possible measures to remedy the situation without undue delay,
- 3.6.8 defects in the Service and its functioning which were not caused by Provider’s actions or which could not be foreseen. Such defects are, in particular, defects in the Service due to force majeure, unauthorized third party intervention, insufficient software equipment of the User, hardware malfunction of the User, malfunction or any other problem with a network of the User.
3.7 If the User violates any of the provisions of the Terms and Conditions or a binding legal regulation, the Provider is entitled to request the User to provide compensation for any potential damage incurred by the Provider.
4. USER’S RIGHTS AND OBLIGATIONS
4.1 The User is obliged to use the Service in person and is not entitled to provide his/her username and password to the Service to a third party. The User shall protect his/her password and take all appropriate and necessary measures to prevent third persons from accessing the password. If the User violates this obligation, the User shall be liable for any damage incurred by the Provider as a result of that; in this case, the Provider shall not be liable for any damage incurred by the User.
4.2 When registering or verifying the phone number in the Portal, the User is not entitled to enter somebody else’s phone number or email.
- 4.3 While playing the Games the User commits to:
- 4.3.1 play for himself/herself without the help of another person,
- 4.3.2 play entirely seriously,
- 4.3.3 not intentionally manipulate his/her behavior and interaction,
- 4.3.4 read the instructions carefully before starting the Games,
- 4.3.5 not interrupt a Game that has already begun.
4.4 The User has the option to play the Games again after 12 months from the successful completion of the set of the Games.
4.5 The User is entitled to make the Report available only to companies to which he/she has given his/her consent by means of an invitation on the Portal according to Art. 2.5 of the Terms and Conditions.
5.1 The use of the Service is free of charge for the User.
6. TERMINATION OF SERVICE, ACCOUNT CLOSURE
- 6.1 The Provider is entitled to terminate the provision of the Service at any time without any compensation in the following cases:
- 6.1.1 The User uses the Service contrary to the law of the country in the territory of which the Service is provided or in contradiction with the Czech law,
- 6.1.2 The User uses the Service contrary to the Terms and Conditions.
- 6.2 The Provider is obliged to cancel the Account without compensation in the following cases:
- 6.2.1 The User asks the Provider to cancel the Account via e-mail at firstname.lastname@example.org. This does not apply in cases where the User uses the Service in violation of the law of the country in whose territory the Service is provided, or in violation of the law of the Czech Republic, or in violation of the Terms and Conditions.
7. FINAL PROVISIONS
7.1 Matters that are not expressly regulated by these Terms and Conditions shall be governed by the applicable legal regulations of the Czech Republic.
7.2 The Terms and Conditions shall become valid and effective upon checking the box “I agree with the Terms and Conditions” by the User when registering in the Portal and upon successfully completing the registration in the Portal.