Terms of Use

INSYMBO TERMS OF USE OF THE APPLICATION FOR USERS

These terms are part of the INSYMBO Application Use Agreement that you enter into with its provider INSYMBO Labs s.r.o.

By checking the box in the registration form on insymbo.com and completing the registration, you confirm that you have read and agree to these terms.

1. DEFINITION AND CONTACTS

1.1 „Provider“ is company INSYMBO Labs s.r.o., with registered office at Hlavní třída 904/8, 787 01 Šumperk, Czech Republic, ID. No. 08362220, registered in the commercial register kept by Regional Court in Ostrava under file No. C 79300
- Contact for reporting technical problems or other issues: support@insymbo.com

1.2 „Application“ is web-based Application Insymbo based on neuroscience and artificial intelligence, which assists the Companies in selecting suitable candidates for a particular job position as part of a selection process or similar activity. The Application serves to test candidates in selection procedures by means of playing games, and to share the results of the testing with the Company.

1.3 “User“ is a person who has been invited by the Company to play games on the Application to test their skills and characteristics and/or to share the results of testing, usually as a candidate in a selection process. The User is not employed by the Company at the time of sharing the results.

1.4 „Company“ is the person who has entered into a contract with the Provider to use the Application and who has invited the User to undertake tests in the Application and/or share the results of the testing. This includes, in particular, commercial companies including agencies, universities, etc., which use the Application primarily for the purpose of selecting candidates for a specific job position in a selection procedure.

2. SUBJECT OF THE TERMS

2.1 The Provider grants the User an authorization to use the Application gratuitously for the purpose of playing games in accordance with these terms.

2.2 In order to use the Application, the User is required to register by completing the registration form, agreeing to these terms and confirming that he has read the Privacy Policy. Upon successful completion of registration, a user account is created to the User. The Contract is concluded when the User completes the registration to the Application by submitting the registration form.

2.3 If a person already uses the Application as an employee of the Company, he/she may also create his/her personal user account as a User and make his test results available to other companies on the basis of an invitation.

2.4 A set of ten games is made available to the User in the Application. Upon successful completion of the games, the User will receive personal report with the results. The report is based on data collected while playing the Games and represents the User's behavior and interaction with the Games. The report is accessible to the User through the user account.

2.5 The User's contact details and report will only be disclosed to the Company with the User's consent. Details of consent to disclosure of contact details and report are set out in Article 4 of the Privacy Policy. Further information on how the Provider processes the User's personal data is set out in the Privacy Policy, to which the User agrees to prior to completing the registration process to create a User Account. The User may withdraw his consent at any time, in which case the data transmitted or already transmitted to the Company will be anonymized. Without the User's consent, the User's contact details and report will be disclosed only to the Company that is the User's employer.

3. RIGHTS AND OBLIGATIONS OF THE PROVIDER

3.1 The Provider hereby undertakes to provide the Application to the User under the terms set out in these terms. The Application is subject to copyright protection and its elements or content may be subject to other intellectual property rights. The Application contains third-party components including components licensed under open-source licenses. For information on components required by open-source licenses please see Attachment 2.

3.2 The Provider has a right to change, extend and improve the Application over time, to introduce new features to the Application, and to develop the technologies used.

3.3 The Provider has a right to include the User in its electronic database of users of the Application, to monitor and archive the operations performed by the User when using the Application in order to evaluate and improve the quality of the Application provided.

3.4 The Provider shall not be liable for

3.4.1 the data that the User enters into the Application,

3.4.2 the User's behavior and interaction when playing games,

3.4.3 the User's resulting report,

3.4.4 the completeness, accuracy, and availability of the contact details and report throughout the use of the Application,

3.4.5 the manner in which the Company will use the User's report,

3.4.6 the compatibility of the Application with all or any hardware and software used by the User,

3.4.7 the availability and functionality of the Application at all times or at certain times,

3.4.8 defects in the Application and its operation, including defects in the Application resulting from force majeure, unauthorized intervention of a third party, inadequate User software, malfunction of the public data network, malfunction of User's hardware or data network,

3.4.9 any damage incurred by the User in connection with the use of the Application, even if the User has been warned of the possibility of damage in advance. If the Provider would still be obliged to compensate the User for any damage, it shall be compensated in the maximum amount of CZK 1000.

3.5 n the event that the User violates any of the provisions of the contract, the terms or a generally binding legal regulation, the Provider is entitled to claim compensation for damages incurred by the User.

4. RIGHTS AND OBLIGATIONS OF THE USER

4.1 The User is obliged to use the Application personally and is not entitled to provide the username and password to the Application to any third party. The User is obliged to protect the password and take all appropriate and necessary measures to prevent disclosure of the password to a third party. In the event that the User breaches this obligation, the User shall be liable for the damage that is incurred by the Provider; the Provider shall not be liable for the damage that the User incurs in such a case.

4.2 The User is obliged to enter only true and correct information him/herself in the registration form or subsequently in his user account in the Application. If the data changes, the User shall update the data without undue delay. The User is not entitled to enter someone else's phone number or email when registering for the Application or verifying a phone number on the Application.

4.3 When using the Application, the User undertakes to

4.3.1 to play the games alone only as himself without the assistance of another person and not to pretend to be someone else,

4.3.2 to play in all seriousness,

4.3.3 not to deliberately manipulate the behavior and interaction,

4.3.4 read the instructions carefully before starting the games,

4.3.5 not to interrupt a game already in progress,

4.3.6 use the Application only in the usual manner and avoid any use that may harm the Provider or conflict with the purpose of the Application,

4.3.7 not to use the Application to do anything that violates these terms, is unlawful, misleading, discriminatory or fraudulent, infringes the rights of others, including their intellectual property rights, disrespects the dignity of others, harasses or degrades them, or is otherwise inappropriate in relation to the purpose of the Application,

4.3.8 that it will not tamper with the security measures of the Application, undertake a cyber-attack on the Application, or insert malware (computer viruses, ransomware, Trojan horses, etc.), harmful content or code into the Application,

4.3.9 not to attempt to gain access to any part of the Application to which access has not been granted,

4.3.10 not to use the Application excessively (e. g. in an automated manner).

4.4 The Provider is entitled to monitor and control whether the User uses the Application in accordance with these terms.

4.5 The User shall have the option to repeat the games after a period of 12 months from the successful completion of a set of games.

4.6 The User is entitled to disclose the report only to the Company. The User is not entitled to send the report to others or to publish, modify, alter or use it for the purpose of creating derivative works.

4.7 To ensure that the Application functions properly, the User's device must meet the technical and system requirements set out in Attachment 1. The Provider shall not be liable for any malfunction or errors in the Application if this is not met.

4.8 To enable the User to use the Application and its functionalities, the Provider grants the User non-exclusive permission to use them in a common manner. This authorization lasts only for a period of time that the User is granted access to the Application within the meaning of Article 6 and is not limited by territory. The authorization cannot be transferred to another person, nor can a third party be allowed to use the Application while retaining the User's authori­zation. The User shall not be provided with the source, machine or object code of the Application and shall not attempt to access or discover it. The User may not copy, distribute, disclose to the public, modify, alter or connect the Application or its contents to other works in any way.

4.9 If there are any technical or other problems with the Application, the User may report them to the following e-mail address: support@insymbo.com.

5. PAYMENTS

5.1 The use of the Application is free of charge for the User.

6. TERMINATION OF THE SERVICE PROVISION

6.1 The contract is concluded for an indefinite period of time.

6.2 The Provider is entitled to temporarily or permanently restrict or block the User's access to his/her user account, especially in the following cases

6.2.1 the User uses the Application in violation of the law of the state in the territory of which the Application is used by the User or in violation of the law of the Czech Republic,

6.2.2 the Provider suspects that the User is using the Application in violation of the terms,

6.2.3 the Provider completely terminates or interrupts the provision of the Application to third parties or has other serious reasons for which it needs to terminate the User's access.

6.3 The User may terminate the contract by sending written notice to: support@insymbo.com or by using the „Delete Account“ function in the Application. The contract will terminate after a 2 week period of notice. After the expiration of the period the User's ability to access the Application will be terminated.

6.4 After the expiry of the notice period, the User will no longer be able to use the same phone number and email to register for the same position. However, the Provider may retain the User's personal data after the termination of the contract in order to pursue its legitimate interests.

7. INFORMATION FOR CONSUMERS

7.1 This article applies only if the User is a consumer under the applicable law (i.e. a person who acts outside the scope of his/her business activity or independent exercise of profession).

7.2 The contract, of which these terms form a part, shall be concluded in the English language. The contract is concluded remotely by the User confirming the terms and submitting the registration form. The contract is concluded at the moment when the User submits the form (at that moment the User's account is automatically created). The costs of using remote means of communication (Internet) are borne by the User. Before confirming the registration form for the creation of a user account, the User may correct, change or complete the information entered in this form.

7.3 The conclusion of the contract will be confirmed by email, to which these terms will be attached. The terms are made available directly on the Application under this link [please insert link]. The contract is for an indefinite term and may be terminated by agreement of the parties, by cancellation of the User Account, by withdrawal in accordance with clause 7.5, or by notice without cause with 2 weeks' notice.

7.4 As the Application is provided to the User free of charge, the User has no rights from defective performance. Defects and technical problems can be reported to the Provider at the contact specified in Article 1. The provisions on the exclusion and limitation of the Provider's li­ability under Article 3.4 do not apply to relations with consumers.

7.5 The Consumer shall have the right to withdraw from the contract within the first 14 days after the conclusion of the contract by using the „delete account“ function in the Application, which serves as a withdrawal form.

7.6 In the event that a consumer dispute arises between us under the contract that cannot be resolved by mutual agreement, you may submit a proposal for the out-of-court resolution of such dispute to the designated entity for the out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Praha 2, e-mail: adr@coi.cz. web: adr.coi.cz.

7.7 The consumer may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr.

8. FINAL PROVISIONS

8.1 Matters not expressly provided for in these terms shall be governed by the applicable laws of the Czech Republic.

8.2 The Provider is entitled to change the terms, in particular the provisions on the rules of use of the Application. The Provider shall notify the User of any change through the user interface of the Application and provide the User with at least 14 days in which the User may reject the change. If the User fails to comment within the said period, the User accepts the changed terms upon expiry of the period. If the User rejects the amended terms within the aforementioned period, the User's account will be canceled.

The terms are effective from June 10th, 2021

ATTACHMENT 1: TECHNICAL REQUIREMENTS

– You can only play games on the following devices: desktop computer or laptop. But the games do not work on smartphones or tablets.
- Games are supported by current versions of Google Chrome, Firefox or Edge.
- Internet connection speed must be at least 3 Mbps. 

ATTACHMENT 2: INFORMATION ABOUT OPEN SOURCE COMPONENTS

Component: caniuse-lite@1.0.30001204

Authorship details: caniuse.com License: CC-BY-4.0. available from: http://creativecommons.org/…nses/by/4.0/).

**Warranty disclaimers and limitations of liability: ** Unless Licensor specifically agrees otherwise, Licensor offers the Licensed Material as-is/as available to the fullest extent possible and makes no representations or warranties of any kind with respect to the Licensed Material, whether express, implied, statutory, or otherwise. This includes, but is not limited to, warranties as to title, merchantability, fitness for a particular purpose, non-infringement of third party rights, absence of latent or other defects, accuracy, presence or absence of errors, whether known or unknown or discoverable or undetectable. If a warranty claim is not allowed in whole or in part, it may not apply to you. To the fullest extent possible, under no circumstances shall Licensor be liable under any legal theory (including, but not limited to, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary or other damages, costs, expenses or damages arising out of this Public License or use of the Licensed Material, even if Licensor has been advised of the possibility of such damages, costs, expenses or damages. If the limitation of liability is not permitted in whole or in part, it may not apply to you.

Component: spdx-exceptions@2.3.0

Authorship details: Copyright © 2010–2015 Linux Foundation and its Contributors. All rights are expressly reserved. License: Creative Commons Attribution License 3.0 Unported. Available from: https://creativecommons.org/….0/legalcode

Representations, warranties and qualifications: Unless otherwise agreed to in writing by the parties, Licensor offers the Work as-is and makes no representations or warranties of any kind with respect to the Work, express, implied, statutory or otherwise, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, non-infringement of third party rights, absence of latent or other defects, accuracy, presence or absence of errors, whether or not discoverable. Some jurisdictions do not allow the exclusion of warranties implied by law, so such exclusions may not apply to you.

Disclaimer: Under no circumstances, except to the extent required by applicable law, shall Licensor be liable under any legal theory for any special, incidental, consequential, punitive, or exemplary damages arising out of this license or use of the Work, even if Licensor has been advised of the possibility of such damages.